Guidance on formulating and issuing documents detailing the Law on Archives 2024 in Vietnam

Guidance on formulating and issuing documents detailing the Law on Archives 2024 in Vietnam

The formulation and issuance of documents detailing the implementation of several provisions of the Law on Archives 2024 are mandated by the Prime Minister of Vietnam as follows:

* Developing a Decree detailing several provisions of the Law on Archives 2024:

- Leading agency: Ministry of Home Affairs of Vietnam.

- Coordinating agencies: Ministry of Justice, Government Office, and related agencies.

- Deadline: March 2025.

* Developing and issuing Circulars detailing several provisions of the Law on Archives 2024:

- The Ministry of Home Affairs of Vietnam will lead, cooperate with relevant ministries and agencies to develop and issue Circulars: (1) Circular detailing Clause 2 Article 29, Clause 3 Article 34, Clause 7 Article 36; (2) Circular detailing Clause 2 Article 13, Clause 6 Article 16, Clause 3 Article 19, Clause 5 Article 23, Clause 6 Article 39, Clause 7 Article 56.

Completion date: April 2025.

- The Ministry of National Defense will lead, cooperate with relevant ministries and agencies to develop and issue Circulars: (1) Circular on archiving within its management scope; stipulating principles for collection, preservation, use, and transporting defense sector archives outside for domestic and international use; destruction of digital archives of the national defense sector (Clause 4 Article 24, Clause 5 Article 36, Point a Clause 3 Article 59); (2) Circular issuing standards on confidentiality and authentication in archive operations of Communist Party, State agencies within the government's management field of cryptography, specialized digital signature for official duties (Clause 6 Article 36).

Completion date: April 2025.

- The Ministry of Public Security will lead, cooperate with relevant ministries and agencies to develop and issue Circulars: (1) Circular on archive work for documents commonly formed in the people's police (Clause 5 Article 15, Clause 4 Article 24, Point a Clause 3 Article 59); (2) Circular on professional dossier work of the people's police (Clause 5 Article 15, Clause 4 Article 24, Point a Clause 3 Article 59, confidentiality determination).

Completion date: April 2025.

- The Ministry of Foreign Affairs will lead, cooperate with relevant ministries and agencies to develop and issue a Circular detailing some provisions of the Law on Archives 2024 (Clause 5 Article 15, Clause 4 Article 24, Clause 5 Article 36, Clause 3 Article 59).

Completion date: April 2025.

- The Ministry of Information and Communications will lead, cooperate with relevant ministries and agencies to develop and issue a Circular specifying technical standards for network information safety in the archiving of electronic documents (Clause 4 Article 58).

Completion date: April 2025.

- The Ministry of Finance will lead, cooperate with relevant ministries and agencies to develop and issue a Circular stipulating the fee for issuing the Archive Practice Certificate (Clause 2 Article 63).

Completion date: April 2025.

- Ministries, ministerial-level agencies (except the Ministry of Public Security, Ministry of Foreign Affairs), the Supreme People's Court, and the Supreme People's Procuracy will lead, cooperate with the Ministry of Home Affairs of Vietnam to develop and issue a Circular stipulating the storage period for dossiers and documents (Clause 5 Article 15).

Deadline for completion and submission of opinions to the Ministry of Home Affairs of Vietnam is before February 2025; feedback and issuance must be completed before April 2025.

(List and assignment of leading agencies for drafting detailed implementation documents for Laws and Resolutions passed by the 15th National Assembly at the 7th Session, issued together with Decision 717/QD-TTg dated July 27, 2024, by the Prime Minister of Vietnam).

* The State Audit is requested to lead, cooperate with the Ministry of Home Affairs of Vietnam to develop and issue a Decision by the State Auditor General on the storage period for audit sector dossiers and documents (Clause 5 Article 15) to ensure synchronized implementation with the Law on Archives 2024.

More details can be found in Decision 1116/QD-TTg which comes into force in Vietnam from October 7, 2024.

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