Circular No. 06/2025/TT-BNV dated May 15, 2025 on elaboration of Law on Archives
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MINISTRY OF HOME AFFAIRS OF VIETNAM |
SOCIALIST REPUBLIC OF VIETNAM |
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No. 06/2025/TT-BNV |
Hanoi, May 15, 2025 |
CIRCULAR
ELABORATION OF LAW ON ARCHIVES
Pursuant to the Law on Archives dated June 21, 2024;
Pursuant to the Government’s Decree No. 25/2025/ND-CP dated February 21, 2025 on functions, tasks, powers and organizational structure of the Ministry of Home Affairs of Vietnam;
At the request of the Director of State Records Management and Archives Agency;
The Minister of Home Affairs promulgates Circular on elaboration of the Law on Archives.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Circular elaborates some articles of the Law on Archives, including:
1. Management of archived documents in case authorities and organizations are dissolved, declared bankrupt or re-organized (clause 2 Article 13).
2. Procedures for destruction of archived documents (clause 6 Article 16).
3. Procedures, collection and submission of dossiers and documents to the historical document-archiving unit (clause 3 Article 19).
4. Uses of archived documents and their copies (clause 5 Article 23).
5. Procedures for recognizing and withdrawing recognition of special value of archived documents (clause 6 Article 39).
6. Inspection of archiving works; issuance, re-issuance and revocation of archiving practice certificates (clause 7 Article 56).
Article 2. Regulated entities
State authorities, state-owned enterprises and public service providers (hereinafter referred to as “authorities and organizations”) and relevant organizations and individuals.
Chapter II
PROCEDURES FOR COLLECTION AND SUBMISSION OF DOSSIERS AND DOCUMENTS TO HISTORICAL DOCUMENT-ARCHIVING UNIT
Section 1. PROCEDURES FOR COLLECTION AND SUBMISSION OF DOSSIERS AND DOCUMENTS TO HISTORICAL DOCUMENT-ARCHIVING UNIT
Article 3. Registration of submission of dossiers and documents
1. Each authority/organization shall register submission of dossiers and documents with a competent historical document-archiving unit. Information, including name of each fonds or product; period of archiving documents; quantity of dossiers and documents or preserving unit; submission methods; expected submission time and list of dossiers and documents shall be registered.
2. The historical document-archiving unit shall reach agreement on submission of documents and dossiers with the authority/organization.
3. The registration of submission of digital dossiers and documents shall comply with regulations in clauses 1 and 2 of this Article and the Circular No. 05/2025/TT-BNV dated May 14, 2025 of the Minister of Home Affairs.
4. List of dossiers and documents is provided for in the Appendix I.
Article 4. Application for submission of dossiers and documents
1. Each authority/organization shall send an application for submission of dossiers and documents and a list of dossiers and documents to a competent historical document-archiving unit.
2. The historical document-archiving unit shall receive the application from the authority/organization.
Article 5. Historical document-archiving unit’s inspection of list of dossiers and documents; inspection of dossiers and documents
1. The historical document-archiving unit shall inspect the list of dossiers and documents; and directly inspect dossiers and documents
a) If the list of dossiers and documents and dossiers and documents are satisfactory, the authority/organization shall submit them to the historical document-archiving unit according to regulations in Article 6 of this Circular.
b) If the list of dossiers and documents and dossiers and documents are not satisfactory, the authority/organization shall revise and complete them according to the historical document-archiving unit’s opinions.
2. The historical document-archiving unit shall give written opinions within 30 days from the date of receipt of the application for submission of dossiers and documents from the authority/organization.
Article 6. Collection and submission of dossiers and documents
1. The authority/organization shall transport dossiers and documents to the historical document-archiving unit; submit dossiers and documents enclosed with their list (physical and electronic documents).
2. The historical document-archiving unit shall inspect and compare the submitted dossiers and documents with those included in the list; receive dossiers and documents; and formulate a record of collection and submission of dossiers and documents.
The record shall contain information, including name of each fonds or product; period of archiving documents; quantity of dossiers and documents or preserving unit; quantity of lists of dossiers and documents and other search tools (if any); collection and submission time; collector; and submitter. The record shall bear full name and signature of the collector/submitter; full name and signature of the competent person, and seal of the historical document-archiving unit/the submitting authority.
3. The historical document-archiving unit shall prepare preservation archives and equipment; transport dossiers and documents to such archives.
4. The collection and submission of digital dossiers and documents shall comply with regulations in the Circular No. 05/2025/TT-BNV dated May 14, 2025 of the Minister of Home Affairs.
Section 2. COLLECTION AND SUBMISSION OF DOCUMENTS TO HISTORICAL DOCUMENT-ARCHIVING UNIT
Article 7. Rules for collection and submission of documents to historical document-archiving unit
The historical document-archiving unit shall collect documents from incomplete or missing fonts within its jurisdiction and those of national and local significance serving practical activities, scientific, historical and social research as prescribed in Article 8 of this Circular in a manner that conforms to the following rules:
1. Each collected document shall have clear and lawful origin and be appropriate to functions and tasks of the historical document-archiving unit, and no dispute over or complaint against the collected document arises.
2. It is prohibited from collecting documents that are being preserved in domestic historical document-archiving units, state-owned museums and libraries.
Article 8. Documentary collectibles
1. Valuable documents produced throughout operations conducted by outstanding individuals, and typical families and clans, including:
a) Political activists, and outstanding political and social activists making contributions to the country;
b) Individuals winning national and international awards;
c) Individuals awarded the Hero of Labor/Hero of the People's Armed Forces title;
d) Scientists, writers, poets, journalists, famous individuals working in the fields of theater, cinema, photography, painting, music, history, literature, art and other fields;
dd) Families and clans having profound influence during Vietnam's history.
2. Valuable documents preserved by domestic individuals/families/clans/organizations.
3. Valuable documents on Vietnam that are being preserved in foreign archives, libraries, museums, research institutes, organizations and individuals.
Article 9. Methods for collecting documents
The historical document-archiving unit shall collect documents by the methods of buying documents from organizations/individuals; receiving documents from donors/transferors; and make their copies.
Article 10. Procedures for collecting documents
1. Conducting survey, producing statistics, and compiling list of domestic and foreign documentary collectibles.
2. Conducting research and identifying documents to be collected within the jurisdiction and scope of collection specified in this Circular to make a collection plan.
3. Collecting documents according to the approved plan.
4. Arranging documents scientifically; producing statistics, safely preserving, effectively using and upholding value of documents after they are collected.
Chapter III
PROCEDURES FOR DESTRUCTION OF ARCHIVED DOCUMENTS
Article 11. Compilation of list of documents that have exceeded their archiving period or are duplicates
1. An archiving unit/historical document-archiving unit shall compile a list of documents that have exceeded their archiving period or are duplicates according to Form specified in the Appendix II enclosed with a written explanation of such documents according to Form specified in the Appendix III and submit them to a Head of authority/organization.
2. The compilation of list of archived digital documents that are expired shall comply with regulations in the Circular No. 05/2025/TT-BNV dated May 14, 2025 of the Minister of Home Affairs.
Article 12. Council in charge of considering destruction of documents archived at archiving unit
1. Each authority/organization shall establish a Council in charge of considering destruction of archived documents. The Council shall advise the head of authority/organization to consider the destruction of archived documents. The Council shall dissolve itself after completely performing its tasks.
2. The Council shall include at least 5 members, including a senior representative of the authority/ organization that acts as the Chairperson of the Council; an archivist of the authority/ organization that acts as the Secretary of the Council; a senior representative of the unit or department, and a knowledgeable person having documents considered to be destroyed that act as members of the Council.
3. The Council shall consider comparing the list of documents that have exceeded their archiving period or are duplicates with the list of dossiers and documents that have been retained, issuing regulations on period of archiving dossiers and documents; and directly inspecting documents. The Council shall have a collective discussion and conclude by majority vote; different opinions shall be recorded in the meeting minutes bearing signatures of all members of the Council.
Article 13. Assessment of documents that have exceeded their archiving period or are duplicates at archiving units
1. Each authority/organization shall send an application for assessment of documents that have exceeded their archiving period or are duplicates enclosed with a Decision to establish a Council in charge of considering destruction of archived documents; list of documents that have exceeded their archiving period or are duplicates; a written explanation of documents that have exceeded their archiving period or are duplicates; the minutes of meeting held by the Council.
2. State Records Management and Archives Agency shall assess procedures for consideration of destruction and review of the list of documents that have exceeded their archiving period or are duplicates; directly inspect documents if necessary and give written assessment opinions about documents that have exceeded their archiving period or are duplicates submitted by the authority/organization to a historical document-archiving unit of the State at central level.
3. The provincial Department of Home Affairs shall assess procedures for consideration of destruction and review of the list of documents that have exceeded their archiving period or are duplicates; directly inspect documents if necessary and give written assessment opinions about documents that have exceeded their archiving period or are duplicates submitted by the authority/organization to a historical document-archiving unit of the State at provincial level.
4. Documents that have exceeded their archiving period or are duplicates shall be assessed within 25 days from the date on which the State Records Management and Archives Agency or the provincial Department of Home Affairs receives the application.
Article 14. Consideration of destruction of documents that have exceeded their archiving period or are duplicates at historical document-archiving units
1. A historical document-archiving unit of the State at central level shall send State Records Management and Archives Agency an application for destruction of documents enclosed with the list of documents that have exceeded their archiving period or are duplicates and the written explanation of such documents.
2. A historical document-archiving unit of the State at provincial level shall send State Records Management and Archives Agency an application for destruction of documents enclosed with the list of documents that have exceeded their archiving period or are duplicates and the written explanation of such documents.
3. State Records Management and Archives Agency/provincial Department of Home Affairs shall review the list of documents that have exceeded their archiving period or are duplicates; if necessary, direct inspect documents and send its written opinions to the historical document-archiving unit; approve the list of documents that have exceeded their archiving period or are duplicates and submit the list to a competent person to decide the destruction of archived documents in accordance with regulations in clause 4 Article 16 of the Law on Archives.
Article 15. Organization of destruction of documents that have exceeded their archiving period or are duplicates
1. An archiving unit/historical document-archiving unit shall select an appropriate method of destroying documents; organize destruction of documents under the competent person’s decision on destruction of documents that have exceeded their archiving period or are duplicates
2. Documents that have exceeded their archiving period or are duplicates shall be destroyed according to the following steps
a) Packing and transporting documents to a place where they will be destroyed;
b) Making a record of handover of documents between the archive manager and the document-destroying person;
c) Destroying documents;
d) Making a record of destruction of documents. The record shall bear signatures and seals of the document-having authority/unit and the document-destroying authority/unit.
3. Documents that have exceeded their archiving period or are duplicates shall be destroyed within 15 days from the date of issuance of the competent person’s decision on destruction of such documents.
4. Documentation for destruction of documents that have exceeded their archiving period or are duplicates shall be made and preserved as follows:
a) Destruction of archived documents shall be made into documentation, including list of documents that have exceeded their archiving period or are duplicates; written explanation of documents that have exceeded their archiving period or are duplicates; Decision to establish the Council in charge of considering destruction of archived documents (regarding an archiving unit); meeting minutes of the Council in charge of considering destruction of archived documents (regarding an archiving unit); competent authority’s document on assessment and opinions about documents that have exceeded their archiving period or are duplicates; competent person’s decision on destruction of documents that have exceeded their archiving period or are duplicates; record of handover of documents that have exceeded their archiving period or are duplicates; record of destruction of documents that have exceeded their archiving period or are duplicates; other relevant documents.
b) Documentation for destruction of documents that have exceeded their archiving period or are duplicates shall be preserved at the authority/organization having the destroyed documents within at least 20 years from the date of destruction.
5. The destruction of archived digital documents shall comply with regulations in clause 1, points c and d clause 2, clause 3, clause 4 of this Article and the Circular No. 05/2025/TT-BNV dated May 14, 2025 of the Minister of Home Affairs.
Chapter IV
USES OF ARCHIVED DOCUMENTS AND THEIR COPIES
Section 1. AT ARCHIVING UNIT
Article 16. Uses of archived documents
1. Serving readers.
2. Issuing copies of archived documents.
Article 17. Serving readers who use archived documents
The head of authority/organization, within its tasks and powers shall promulgate regulations on use of archived documents and procedures for serving readers who use its archived documents in accordance with regulations in this Circular and other relevant laws.
Article 18. Issuing copies of documents archived at archiving unit
Copies of documents archived at an archiving unit shall be issued according to regulations of law on document replication.
Section 2. AT HISTORICAL DOCUMENT-ARCHIVING UNIT
Article 19. Uses of documents archived at historical document-archiving unit
1. Serving readers who use archived documents at reading rooms.
2. Serving readers who use archived documents online.
3. Issuing copies of archived documents.
Article 20. Reader's card/account
1. The historical document-archiving unit shall issue a card to each reader directly using archived documents at its reading room at least 05 days. The reader’s card form is provided for in the Appendix IV.
2. The historical document-archiving unit shall issue an account to each reader using archived documents online. The reader’s account information includes full name, personal identification number, number of ID card/passport, email, authority for which the reader is working, phone number, eligibility for incentives (if any).
3. The validity period of a card/account shall be prescribed by the historical document-archiving unit.
4. The reader using archived documents shall pay a fee for issuance of the card/account in accordance with regulations of law.
5. Each card/account shall be issued within 01 working day.
Article 21. Procedures for serving readers who use archived documents at historical document-archiving unit
1. Procedures for registering use of archived documents
a) Each reader using archived documents shall present his/her ID card/citizen ID card/electronic identification/passport or photo identification issued by a competent authority; in case the reader uses archived documents to serve his/her tasks, a letter of introduction or an application issued by the authority for which he/she is working is required.
b) Registration of use of documents: In case of registration of direct use of archived documents at a reading room, the reader shall fill information in a registration form for use of archived documents and provide relevant documents on purposes and eligibility for incentives The registration form for use of archived documents is provided in the Appendix V. In case of registration of use of archived documents online, the reader shall access the system by the issued account, create a registration form for use of archived documents and provide relevant documents on purposes and eligibility for incentives.
c) After the reader completes procedures for registration, the historical document-archiving unit shall consider approving the reader’s registration form for use of archived documents and update information on its system or reader registration book according to Form in the Appendix VI.
2. Procedures for serving readers who use documents
a) The service officer shall instruct the reader to conduct search and fill in a written Request for reading archived documents, written Request for copying and authenticating archived documents according to Form in the Appendix VII.
The written Request for reading archived documents, written Request for copying and authenticating archived documents shall be managed on the system or the registration book according to Form in the Appendix VIII.
b) The service officer shall present the reader’s written request to the head of the historical document-archiving unit for consideration and approval. Regarding documents with conditional access, the historical document-archiving unit shall submit them to an archiving advisory agency for approval.
c) After the reader’s written request is approved, the service officer shall hand over or grant the right to reader documents to the reader. The reader shall inspect physical documents and sign in the archived document receipt book according to Form in the Appendix IX.
d) The reader shall pay a fee for use of archived documents.
Article 22. Use of documents archived at historical document-archiving unit
1. Not more than 10 dossiers may be preserved for up to 15 days to serve readers. After the reader finishes reading documents, he/she shall return them to the historical document-archiving unit. If the reader fails to return such documents, he/she cannot receive documents in the subsequent time.
2. Reader shall only use digitized copies of the digitized documents or archived documents having special value; must not use archived documents in weak physical forms and those being processed.
3. Authorities/organizations/individuals using archived documents may authorize other persons to receive their copies.
4. Authorities/organizations/individuals using archived documents are entitled to use and uphold the value of documents archived at the historical document-archiving unit for legal purposes, in legal forms and to fulfill the obligations specified in clause 2 Article 26 of the Law on Archives.
Article 23. Issuance of copies of documents archived at historical document-archiving unit
1. The historical document-archiving unit shall issue copies of archived documents under its management.
2. Archived documents shall be copied by the methods of duplicating, photocopying, printing or extracting in part or in full such documents from their original documents.
3. Copies of archived documents include certified and uncertified physical or digital copies.
4. Readers applying for copies of archived documents shall confirm the application in a Written Request for copies of and certification of archived documents.
Article 24. Certification of copies of documents archived at historical document-archiving unit
1. Copies of archived documents may be certified in part or in full.
2. Contents shall be certified as follows:
a) The historical document-archiving unit shall certify source/address where a document is archived, including sheet number, dossier number, dossier list number, name of fonds.
b) The certified information on a physical copy shall be shown in an archived document certification seal. The certification seal shall be stamped on the blank space at the end of the copy of the archived document. The first page of the copy shall bear a copy seal on the blank space on the upper right. The archived document certification seal and the copy seal are provided for in the Appendix X. A copy with 02 or more sheets, after certification, shall be fan-stamped.
c) A digital copy shall be certified according to regulations in the Circular No. 05/2025/TT-BNV dated May 14, 2025 of the Minister of Home Affairs.
3. A copy of archived document shall be certified in an honest, objective and accurate manner. Copies shall be listed and managed on an archived document certification system or book according to Form in the Appendix VIII. The person assigned to certify copies and the certification signer shall be responsible to the law for certification.
Article 25. Time limit for approval and provision of documents archived at historical document-archiving unit
1. Documents shall be provided within 01 working day from the date of receipt of a Written Request for reading archived documents; within 02 working days from the date of receipt of the Written Request for copies of and certification of archived documents
2. Archived documents with conditional access shall be provided within 07 working days from the date of receipt of the Written Request for reading archived documents or the Written Request for copies of and certification of archived documents.
Article 26. Responsibilities of head of historical document-archiving unit, service officers and readers
1. The head of historical document-archiving unit shall:
a) provide services for readers using archived documents at its reading rooms and online;
b) issue documents containing regulations on use of archived documents in conformity with characteristics and components of documents preserved in the historical document-archiving unit;
c) Fully provide devices and equipment for use of archived documents, including reading rooms, establish and operate a document search and management system;
d) post, at its head office, and publicly publish regulations and forms on use of archived documents.
2. Service officers shall:
a) issue cards and accounts to readers;
b) provide guidance for and serve readers at the reading room; interact with and respond to readers during online use of archived documents;
c) manage archived documents while serving readers;
d) manage registration books/forms and provision of services for readers.
3. Readers shall:
a) Fully follow procedures and comply with regulations of law and internal rules issued by the historical document-archiving unit for use of archived documents;
b) Accurately provide information to create cards and open accounts at the request of the historical document-archiving unit;
c) not erase, write, mark, or draw anything on documents; crumple, fold, tear, dirty or disturb the order of documents in the dossier or commit other acts that affect the content, form, or value of the documents during the use of documents;
d) Pay fees for use of archived documents in accordance with regulations of law.
Chapter V
PROCEDURES FOR RECOGNIZING AND WITHDRAWING RECOGNITION OF SPECIAL VALUE OF ARCHIVED DOCUMENTS
Article 27. Application for recognizing special value of archived document
1. An application for recognizing special value of an archived document shall be accurate, honest and full according to regulations in clause 2 Article 39 of the Law on Archives.
An individual’s written request shall be made according to the Form in the Appendix XI. An explanation about the archived document shall comply with the Form in the Appendix XII.
2. Authorities/organizations/individuals may submit their applications online, in person or by post.
Article 28. Procedures for recognizing special value of archived document
1. Application receipt and inspection
a) State Records Management and Archives Agency shall receipt applications for recognizing special value of archived documents from authorities and organizations, including historical document-archiving units of the State; Ministries, central authorities, state-owned enterprises established under decisions issued by the Prime Minister, Ministers, Heads of ministerial authorities; public service providers affiliated to central authorities and organizations and established under decisions issued by the Government/the Prime Minister.
b) Department of Home Affairs shall receive applications for recognizing special value of private archives and archived documents of authorities and organizations under its management, except for the case specified in point a of this clause.
c) State Records Management and Archives Agency and the Department of Home Affairs shall inspect and receive applications if they are full and accurate according to regulations; request authorities, organizations and individuals to revise and complete their applications if they are not full and accurate; in case of refusal to receive applications, reasons shall be clearly stated.
2. Application assessment
A Council confirming special value of archived documents in accordance with Article 29 of this Circular shall consider each application, assess value of each document and directly inspect the document if necessary.
3. Decision to recognize special value of archived documents
a) The Council confirming special value of archived documents shall request the Minister of Home Affairs/the Chairperson of Provincial People's Committee to consider recognizing special value of archived documents.
b) Written proposal, minutes of the meeting held by the Council, written opinions of the Council members (if any) and applications for recognizing special value of archived documents shall be submitted to the Minister of Home Affairs/the Chairperson of Provincial People's Committee.
c) The Minister of Home Affairs/the Chairperson of Provincial People's Committee shall issue a decision to recognize special value of archived documents.
4. Applications for recognizing special value of archived documents shall be processed within 60 days from the date of receipt.
5. Public announcement about results of consideration of recognition of special value of archived documents
Results of consideration of recognition of special value of archived documents shall be publicly announced on the web portal of the Ministry of Home Affairs, the Provincial People's Committee and sent to the applicants.
6. Any written complaint shall be received within 15 days from the date of public announcement of results The Council confirming special value of archived documents shall resolve written complaints (if any) and send reports to competent persons for consideration and decision.
Article 29. Council confirming special value of archived documents
1. A Council confirming special value of archived documents shall be established by the Minister of Home Affairs/the Chairperson of Provincial People's Committee at the request of an advisory authority. The Council shall assist the Minister of Home Affairs/the Chairperson of Provincial People's Committee in performing state management of archiving.
2. The Council shall provide advice for the Minister of Home Affairs/the Chairperson of Provincial People's Committee on identification of documents that meet criteria for recognition as archived documents having special value or consideration of withdrawal of recognition of special value of archived documents.
3. Council's composition
a) The Council established by the Minister of Home Affairs shall have at least 07 members, including the representative of the Ministry of Home Affairs who acts as Chairperson of the Council; the representative of the State Records Management and Archives Agency who acts as Vice Chairperson of the Council; a public employee of the State Records Management and Archives Agency who acts as Secretary of the Council; and Council members that are managers, experts, and scientists having prestige and knowledge in the fields related to contents, forms, and origins of documents.
b) The Council established by the Chairperson of Provincial People's Committee shall have at least 07 members, including the representative of the Provincial People's Committee who acts as Chairperson of the Council; the representative of the Department of Home Affairs who acts as Vice Chairperson of the Council; a public employee of the Department of Home Affairs who acts as Secretary of the Council; and Council members that are managers, experts, and scientists having prestige and knowledge in the fields related to contents, forms, and origins of documents.
4. Working methods
a) The Council shall work under the democratic principle; by the methods of discussion, offer of opinions and voting by secret ballot or public voting.
b) At least 2/3 of Council members shall be present at a Council meeting. Members absent from the meeting shall submit their written opinions.
c) Documents may only be submitted to competent persons for recognition as archived documents having special value or for the withdrawal of such recognition when it is approved by at least 2/3 of the Council members.
Article 30. Withdrawal of recognition of special value of archived documents
1. Recognition of special value of archived documents shall be withdrawn in the cases specified in clause 5 Article 39 of the Law on Archives.
2. State Records Management and Archives Agency and Department of Home Affairs shall receive and consolidate documents and information that reflect archived documents having special value.
3. The Council confirming special value of archived documents shall consider verifying information on archived documents having special value and directly inspect documents if necessary. The Council shall work in accordance with regulations in clause 4 Article 29 of this Circular.
4. The Council confirming special value of archived documents shall submit a written proposal, minutes of the meeting held by the Council, written opinions of the Council members (if any) and proving documents to the competent person for consideration of withdrawal of recognition of special value of archived documents.
5. The Minister of Home Affairs/the Chairperson of Provincial People's Committee shall issue a decision to withdraw the recognition of special value of archived documents.
6. The withdrawal of recognition of special value of archived documents shall be publicly announced on the web portal of the Ministry of Home Affairs, the Provincial People's Committee and sent to authorities/organizations managing documents or document owners.
Chapter VI
INSPECTION OF ARCHIVING WORKS; ISSUANCE, RE-ISSUANCE AND REVOCATION OF ARCHIVING PRACTICE CERTIFICATES
Article 31. Power to issue, re-issue or revoke archiving practice certificates
Director of State Records Management and Archives Agency has the power to issue/re-issue/revoke archiving practice certificates.
Form of an archiving practice certificate is provided for in the Appendix XIII.
Article 32. Application for issuance of archiving practice certificate
1. An application for issuance of an archiving practice certificate includes:
a) Application form;
A holder of Advanced Diploma Level 5 of VQF or higher in the archiving major shall prepare an application form for issuance of the archiving practice certificate according to Form in the Appendix XIV.
A holder of a Diploma Level 4 of VQF in the archiving major or a Diploma Level 4 of VQF or higher in another major shall prepare a written registration of inspection of archiving work and application form for issuance of the archiving practice certificate according to Form in the Appendix XV.
b) ID card or another lawful ID document;
c) a Diploma Level 4 of VQF or higher in the archiving major or Diploma Level 4 of VQF or higher in another major suitable for archiving services, including: computers and information technology, mathematics, biology, chemistry;
d) A portrait photo of the applicant: color photo, size 4x6 cm, white background. It shall be taken within the last 06 months.
2. The applicant may submit the application online, in person or by post.
If the application is submitted online, the electronic application is required; if the application is submitted in person, the applicant shall submit a copy of Diploma enclosed with its original for comparison; if the application is submitted by post, the applicant shall submit a certified copy of Diploma.
3. The applicant for the archiving practice certificate shall pay a fee according to regulations in the Circular No. 15/2025/TT-BTC dated April 16, 2025 of the Minister of Finance.
Article 33. Procedures for issuance of archiving practice certificate
1. Application receipt and inspection
a) State Records Management and Archives Agency shall receive the application for issuance of the archiving practice certificate from the applicant meeting conditions specified in clause 3 Article 56 of the Law on Archives.
The holder of Diploma Level 4 of VQF in the archiving major or a Diploma Level 4 of VQF or higher in another major shall submit the application for issuance of the archiving practice certificate when State Records Management and Archives Agency gives notification of inspection of archiving works.
b) State Records Management and Archives Agency shall inspect and receive the application if it is full and accurate according to regulations; request the applicant to revise and complete the application if it is not full and accurate; in case of refusal to receive the application, reasons shall be clearly stated.
2. Assessment of the application and inspection of archiving works
a) State Records Management and Archives Agency shall assess the application for issuance of the archiving practice certificate submitted by the applicant obtaining the Advanced Diploma Level 5 of VQF or higher in the archiving major.
b) State Records Management and Archives Agency shall inspect archiving works carried out by the applicant according to regulations in Article 34 of this Circular if the inspection is compulsory.
3. Issuance of the archiving practice certificate
a) Within 15 days from the date of receipt of the application in the case specified in point a, clause 2 of this Article or from the date of issuance of the decision to recognize the results of inspection of archiving works specified in clause 6, Article 34 of this Circular, the Director of State Records Management and Archives Agency shall give a decision to issue the archiving practice certificate and issue the archiving practice certificate to the person who meets the prescribed conditions; notify the person who does not meet the prescribed conditions to be issued with the archiving practice certificate.
b) If inspection results show that archiving works are satisfactory, an archiving practice certificate shall be issued by each registered archiving service.
4. Results of issuance of archiving practice certificates shall be published on the web portal of State Records Management and Archives Agency.
Article 34. Inspection of archiving works
1. The inspection of archiving works for issuance of the archiving practice certificate shall be announced on mass media and the web portal of State Records Management and Archives Agency.
2. Legal knowledge about archiving; standards and processes for the registered archiving services and other regulations of relevant laws shall be inspected.
3. Inspection forms include written tests, multiple-choice tests and practices.
4. Results of inspection of archiving works shall be announced on the web portal of State Records Management and Archives Agency.
5. The time limit for receipt of a written regarde shall not exceed 05 working days from the date of notification of the inspection result. The regarde result shall be announced on the web portal of State Records Management and Archives Agency.
6. Decisions to recognize results of inspection of archiving works shall be announced on the web portal of State Records Management and Archives Agency.
Article 35. Re-issuance of archiving practice certificate
1. An application for reissuance of the archiving practice certificate includes:
a) An application form for re-issuance of the archiving practice certificate according to Form in the Appendix XVI;
b) Damaged certificate or certificate in which personal information is required to be revised;
c) Commitment made by the applicant in case the certificate is lost; ID documents related to revision to personal information on the certificate.
d) A portrait photo of the applicant: color photo, size 4x6 cm, white background. It shall be taken within the last 06 months.
2. The applicant may submit the application online, in person or by post.
a) If the application is submitted online, the applicant shall submit electronic ID documents specified in points a, c, d clause 1 of this Article; if the application is submitted in person, the applicant shall submit copies of such documents enclosed with their originals for comparison; if the application is submitted by post, the applicant shall submit certified copies of such documents.
b) The applicant may submit the certificate specified in point b clause 1 of this Article in person or by post.
3. The application shall be received and inspected as follows:
a) State Records Management and Archives Agency shall receive the application for reissuance of the archiving practice certificate from the applicant.
b) State Records Management and Archives Agency shall inspect and receive the application if it is full and accurate according to regulations; request the applicant to revise and complete the application if it is not full and accurate; in case of refusal to receive the application, reasons shall be clearly stated.
4. Within 10 days from the date of receipt of the application, the Director of State Records Management and Archives Agency shall issue a decision to reissue the archiving practice certificate and reissue the archiving practice certificate to the applicant meeting conditions according to regulations.
Article 36. Revocation of archiving practice certificate
1. The archiving practice certificate shall be revoked in the cases specified in clause 6 Article 56 of the Law on Archives.
2. Director of State Records Management and Archives Agency shall decide the revocation of the archiving practice certificate.
3. The person that has his/her archiving practice certificate revoked shall submit the archiving practice certificate to State Records Management and Archives Agency within 15 days from the date of issuance of the revocation decision.
4. Results of revocation of archiving practice certificates shall be published on the web portal of State Records Management and Archives Agency.
Chapter VII
MANAGEMENT OF ARCHIVED DOCUMENTS IN CASE AUTHORITIES AND ORGANIZATIONS ARE DISSOLVED, DECLARED BANKRUPT, RE-ORGANIZED OR HAVE THEIR OPERATIONS TERMINATED
Article 37. General principles
1. All dossiers and documents produced during the operation of an authority/organization shall be submitted, revised, listed and handed over according to regulations of the law on archives before the authority/organization is dissolved, declared bankrupt, re-organized or has its operations terminated. Each authority/organization shall manage its own documents in the form of fonts, ensuring these fonts are centrally organized rather than dispersed. Such fonts shall be closed from the date of termination of the authority/organization’s operations.
2. The authority/organization/individual shall not illegally possess or destroy documents; damage or lose documents; and shall ensure safety for documents during the process of handover, management and use.
3. Regarding tasks that have not yet been performed, the authority/organization shall hand over dossiers and documents to the newly established authority/organization or the authority/organization in charge of performing such tasks.
4. Authorities/organizations required to submit documents to the historical document-archiving unit shall be responsible for submitting documents permanently archived to the competent historical document-archiving unit before dissolution, bankruptcy, termination of operations or re-organization.
Article 38. Dissolution, bankruptcy or termination of operations
1. Documents permanently archived shall be submitted to the competent historical document-archiving unit according to regulations in clause 4 Article 37 of this Circular.
2. Other documents shall be handed over to the direct superior authority/organization or handed over to the owner or the owner’s representative agency for management.
Article 39. Reorganization
1. Documents permanently archived shall be submitted to the historical document-archiving unit according to regulations in clause 4 Article 37 of this Circular.
2. Other documents shall be managed as follows:
a) In case the authority/organization is divided into new authorities/organizations, and at the same time ceases to exist, documents shall be handed over to the direct superior authority/organization for management.
b) In case a unit affiliated to an authority/organization is separated from the authority/organization but the authority/organization does not cease to exist, the unit’s documents shall be submitted to the archiving unit of the authority/organization before the unit is separated.
c) In case a new authority/organization is established by merging/consolidating authorities/organizations or adjusting the functions and duties of an existing organization, documents shall be handed over to the new authority/organization after merger/consolidation/adjustment for management.
3. Documents of an enterprise when it is re-organized shall be managed according to regulations in Article 41 of this Circular.
Article 40. Establishment, dissolution, merger, division or adjustment to boundaries of administrative divisions
1. In case of merger of province-level or commune-level administrative divisions, documents shall be managed according to regulations in Article 39 of this Circular.
2. In case a district-level administrative division terminates its operations, documents shall be managed as follows:
a) The Chairperson of the province-level People's Committee shall hand over physical documents and documents on other information carriers to the historical document-archiving unit of the State in the province for receipt and revision according to Article 65 of the 2024 Law on Archives. After revision, documents permanently archived shall be submitted to the historical document-archiving unit; documents archived for a certain period shall be handed over by the Chairperson of the province-level People's Committee to the supervisory authority/organization according to regulations of law.
b) The Chairperson of the province-level People's Committee shall submit digital documents to a competent authority to determine scope of documents of each authority/organization according to its account or ID number and extract and hand over such documents to the historical document-archiving unit of the State in the province to archive them, ensuring that such documents are accessible and usable according to regulations of law; and at the same time, hand over documents to the competent authority to continue to operate a system for access and use until all documents are completely transferred to a new system.
Article 41. Reorganization of enterprise
1. Documents permanently archived shall be submitted to the historical document-archiving unit according to regulations in clause 4 Article 37 of this Circular.
2. Other documents shall be managed as follows:
a) In case a limited liability company or joint-stock company is divided to establish two or more new companies and at the same time ceases to exist, documents shall be handed over to the owner or the owner’s representative agency for management.
b) In case a limited liability company or joint-stock company is divided to establish one or some new limited liability companies or joint-stock companies and does not cease to exist, documents of the shareholders or members of the new company shall be submitted to the archiving unit of the divided company
c) In case two or some companies are consolidated into a new company and at the same time cease to exist; or one or some companies are merged with another company and at the same time cease to exist, documents shall be handed over to the newly established company after consolidation/merger for management.
d) In case of conversion (conversion from a limited liability company into a joint-stock company; from a joint-stock company into a single-member limited liability company; from a joint-stock company into a multiple-member limited liability company; from a sole proprietorship into a limited liability company, joint-stock company or partnership), after conversion, the enterprise shall continue to manage documents produced during their operations before conversion.
Article 42. Responsibilities of heads of authorities/organizations
1. Direct units and individuals to prepare dossiers and compile lists of dossiers and documents to be handed over to archiving units.
2. Direct organization of revision to documents that are being preserved at archiving units.
3. Assign persons and provide warehouses and necessary equipment to safely protect and preserve documents until they are handed over to competent authorities/organizations for management.
Chapter VIII
IMPLEMENTATION
Article 43. Effect
1. This Circular takes effect from July 01, 2025.
2. The following Circulars shall be annulled:
a) Circular No. 46/2005/TT-BNV dated April 27, 2005 of the Minister of Home Affairs;
b) Circular No. 09/2014/TT-BNV dated October 01, 2014 of the Minister of Home Affairs;
c) Circular No. 10/2014/TT-BNV dated October 01, 2014 of the Minister of Home Affairs
d) Circular No. 16/2014/TT-BNV dated November 20, 2014 of the Minister of Home Affairs
dd) Circular No. 02/2020/TT-BNV dated July 14, 2020 of the Minister of Home Affairs;
e) Circular No. 01/2023/TT-BNV dated March 09, 2023 of the Minister of Home Affairs.
Article 44. Implementation responsibilities
1. Ministers, Heads of ministerial authorities, Heads of Governmental authorities, Chairpersons of People's Committees of provinces and central-affiliated cities and relevant authorities, organizations and individuals shall be responsible for implementing this Circular.
2. Any difficulties arising in the implementation should be reported to the Ministry of Home Affairs for study and settlement./.
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