Circular 22/2021/TT-NHNN on retention periods of records and materials formed in the course of operation of the State Bank

CIRCULAR

On retention periods of records and materials formed in the course of operation of the State Bank of Vietnam

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Pursuant to the Law on Archives dated November 11, 2011;

Pursuant to the Government's Decree No. 01/2013/ND-CP dated January 3, 2013 detailing the implementation of a number of articles of the Law on Archives;

Pursuant to the Government’s Decree No. 16/2017/ND-CP dated February 17, 2017 defining the functions, tasks, powers and organizational structure of the State Bank of Vietnam;

Pursuant to the Government's Decree No. 30/2020/ND-CP dated March 5, 2020 on records management;

At the proposal of the Chief of Office of the State Bank of Vietnam;

The Governor of the State Bank of Vietnam hereby promulgates the Circular on the retention periods of records and materials formed in the course of operation of the State Bank of Vietnam.

Article 1. Scope of regulation

This Circular provides the retention periods of records and materials formed in the course of operation of the State Bank of Vietnam.

Article 2. Subjects of application

This Circular is applicable to units and cadres, civil servants and public employees of the State Bank of Vietnam (hereinafter referred to as the State Bank for short); organizations and individuals performing the tasks related to the retention of records and materials of the State Bank.

Article 3. Interpretation of terms

In this Circular, the following terms are construed as follows:

1. Retention period of records and materials means the duration of time for which such records and materials should be retained, which is counted from the year in which the related work is done.

2. Permanently retained material means a material whose meaning and value are independent of time.

3. Material retained for a definite term means a material other than any of those specified in Clause 2 of this Article, retained in a definite term of less than 70 years.

4. Material valuation means the evaluation of materials according to the principles, methods and standards prescribed in the Law on Archives in order to determine materials of archival value, retention periods, and invalid materials.

5. Regulatory record means a collection of legal documents, guiding documents related to certain professional aspects, which is used as a legal basis and can be retrieved in the course of solving affairs related to the State Bank.

6. Records and materials formed in the course of operation of the State Bank of Vietnam mean paper materials and/or records, and electronic ones made in accordance with the regulations on electronic materials and metadata.

7. Table of retention periods of records and materials means a summary list of groups of records and materials with instructions for their respective retention periods.

Article 4. Table of retention periods of records and materials

1. The Table of retention periods of records and materials formed in the course of operation of the State Bank (hereinafter referred to as the Table of retention periods) is enclosed with this Circular.

2. The records and materials mentioned in the Table of retention periods are classified into groups of activities and problems corresponding to their retention periods, as follows:

Group 1: General records, materials;

Group 2: Records and materials related to organization, personnel and training

Group 3: Records and materials related to monetary policy

Group 4: Records and materials related to management of foreign exchange activities

Group 5: Records and materials related to payment management

Group 6: Records and materials related to credit management

Group 7: Records and materials related to projection and statistical work

Group 8: Records and materials related to monetary and financial stability

Group 9: Records and materials related to money market operations, foreign exchange reserves, compulsory reserves, agency relationship with foreign partners

Group 10: Records and materials related to issuance and treasury operations

Group 11: Records and materials related to inspection, supervision, settlement of complaints and denunciations, and anti-corruption

Group 12: Records and materials related to anti-money laundering and terrorist financing activities

Group 13: Financial and accounting records and materials

Group 14: Records and materials related to construction investment

Group 15: Records and materials related to internal audit and control

Group 16: Records and materials related to legal compliance activities

Group 17: Records and materials related to international cooperation

Group 18: Records and materials related to emulation and rewards

Group 19: Records and materials related to communication and press

Group 20: Records and materials related to administrative work, records and archives management

Group 21: Records and materials related to office administration

Group 22: Records and materials related to credit information activities

Group 23: Records and materials related to management of enterprises with State-owned capital represented by the State Bank

Group 24: Records and materials related to scientific research

Group 25: Records and materials related to information technology

Group 26: Records and materials related to education

Group 27: Records and materials of the Party Committee, Party organizations, Trade Union, and Youth Union

Article 5. Determination of retention periods for records and materials

1. The retention period determined for each record and material must not be lower than the periods specified in this Circular and relevant law provisions.

2. In cases where new kinds of records and materials are not mentioned in the Table of retention periods, relevant units shall base themselves on the retention periods of similar groups of records and materials in the Table of retention periods specified in this Circular to determine the retention periods thereof.

3. When selecting materials to be transferred to the Historical Archives, the adequacy of the collection of materials must be considered, and at the same time, the historical periods and times must be taken into account in order to increase the retention periods of such records and materials higher than the prescribed levels.

Article 6. Use of the Table of retention periods

1. The Table of retention periods shall be used to determine the retention periods of records and materials formed in the course of operation of the State Bank.

2. Retention of records and materials formed in the course of operation of the State Bank is classified into two types: Permanent retention and time-defined retention, as follows:

a) Permanent retention: Records and materials of this type shall be retained in the Institutional Archives, then selected to be transferred to the Historical Archives when they are due in accordance with the law provisions on archives;

b) Time-defined retention: Records and materials of this types shall be retained in the Institutional Archives until the end of their retention periods, then statistically submitted to the Material Valuation Councils of the agencies and units to review and re-evaluate them in order to decide on whether to keep retaining them (extending their retention periods) or discarding and destroying them. The destruction of invalid materials shall comply with the regulations on archives of the State and the State Bank.

3. Records and materials that are being retained and archived in the Institutional Archives but are not mentioned in the Table of retention periods specified in this Circular shall continue to be retained for the retention periods determined before the promulgation of this Circular until the Material Valuation Councils of the agencies review and re-evaluate them.

Article 7. Implementation provisions

1. This Circular takes effect from February 15, 2022.

2. Circular No. 43/2011/TT-NHNN dated December 20, 2011 of the Governor of the State Bank of Vietnam on the retention periods of records and materials in the banking sector ceases to be effective from the date this Circular takes effect.

Article 8. Organization of implementation

The Chief of Office, Heads of units under the State Bank, relevant organizations and individuals shall be responsible for implementing this Circular./.

* All Appendices are not translated herein.