Based on the heritage foundation and using the Ordinance on National Archives 2001 as a basis for construction, on November 11, 2011, the National Assembly promulgated the Archives Law comprising 7 chapters and 42 articles. One of the new contents of the Archives Law 2011 compared to the Ordinance on National Archives 2001 is the regulation on archival service activities.
Article table of contents
To implement the registration of archival service activities and grant Certificates of Eligibility for archival service activities, on October 1, 2014, the Ministry of Home Affairs issued Circular No. 09/2014/TT-BNV providing guidelines for the management of archival practice certificates and archival service activities. This Circular applies to agencies performing the state management function concerning archives, organizations, and individuals engaged in archival services and those using archival services.
According to this Circular, agencies, organizations, and individuals engaged in archival services must register their activities at the Department of Home Affairs where the organization is headquartered or where the individual is permanently registered.
The Department of Home Affairs is responsible for issuing, reissuing, and revoking the Certificate of Eligibility for archival service activities for organizations and individuals engaged in the service in accordance with Article 36 of the Law on Archives. The Certificate of Eligibility for archival service activities is valid for 5 years from the date of issuance and can be reissued if lost, damaged, defective, or in case of changes to the information on the certificate.
The Circular also clearly defines the responsibilities of agencies, organizations, and individuals engaged in and using archival services. Specifically, agencies, organizations, and individuals engaged in archival services must comply with legal regulations; be responsible for the professional standards of practitioners and compensate for any damage (if any) arising during service performance; ensure the confidentiality of records, documents of agencies, organizations, individuals; explain or provide related documents, information upon request by competent authorities in accordance with the law; and periodically report in writing to the Department of Home Affairs where archival services are registered. Agencies, organizations, and individuals using archival services have the right to choose service providers and are responsible for managing and supervising the performance and outcomes of archival service contracts.
Archival Service Activity Registration Dossier
According to Circular No. 09/2014/TT-BNV, to register for archival service activities, organizations and individuals must prepare complete dossiers as prescribed and submit the application for issuance or reissuance of the Certificate of Eligibility for archival service activities to the Department of Home Affairs (where the organization is headquartered or where the individual is permanently registered). Within 10 working days from the date of receiving a complete dossier, the Department of Home Affairs shall issue, reissue, and publish the list of organizations and individuals granted the Certificate of Eligibility for archival service activities on the Department's electronic information page. The archival service activity registration dossier includes:
Application for issuance or reissuance of the Certificate of Eligibility for archival service activities (according to the Form).
Certified copy of the Enterprise Registration Certificate or Establishment Decision (for organizations).
Certified copy of permanent residence registration (for individuals practicing independently).
List of archival practitioners accompanied by certified copies of the archival practice certificates of participants in the service activities (for organizations).
Certified copy of the archival practice certificate (for individuals practicing independently).
Documents proving the physical facilities, equipment, working conditions to perform archival services in accordance with current law.
Revocation of the Certificate of Eligibility for archival service activities
Organizations and individuals shall have their Certificate of Eligibility for archival service activities revoked in the following cases:
- Operating inconsistently with the registered contents according to the Certificate of Eligibility for archival service activities.
- Providing false declarations or fraudulent, forged dossiers for the issuance of the Certificate of Eligibility for archival service activities.
- Not conducting archival service activities for 12 (twelve) consecutive months.
- Being dissolved or bankrupt as prescribed by law.
Circular No. 09/2014/TT-BNV takes effect from November 15, 2014. These new regulations will contribute to promoting private investment in archival work while ensuring the improvement of the professional level of individuals and organizations engaged in archival service activities.
Source: Business Registration Management Department, Ministry of Planning and Investment
