Decree No. 30/2020/ND-CP regulations on clerical work

DECREE

On clerical work^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

At the proposal of the Minister of Home Affairs;

The Government promulgates the Decree on clerical work.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Decree prescribes clerical work and state management of clerical work. Clerical work prescribed in this Decree includes: drafting and signing documents for promulgation; managing documents; making dossiers and submitting dossiers and materials to archives sections for archive; and managing and using seals and secret key storage devices in clerical work.

Article 2.Subjects of application

1. This Decree applies to state agencies and organizations and state enterprises (below collectively referred to as agencies and organizations).

2. Political organizations, socio-political organizations, social organizations and socio-professional organizations shall apply this Decree, regulations of the Party and relevant laws to clerical work in an appropriate manner.

Article 3.Interpretation of terms

In this Decree, the terms below are construed as follows:

1. “Document” means written information communicated by means of language or sign, which is formed during operation of agencies and organizations and presented in a proper format and technique as prescribed

2. “Specialized document” means a document which is formed in the process of carrying out professional operations in a sector or field prescribed by the head of the relevant line agency.

3. “Administrative document” means a document which is formed in the process of direction, administration and settlement of work by an agency or organization.

4. “E-document” means a document in the form of data message which is created or digitalized from a paper document and presented in the proper format, technique and protocol as prescribed.

5. “Outgoing documents” include all documents, regardless of their types, promulgated by an agency or organization.

6. “Incoming documents” include all documents, regardless of their types, received by an agency or organization from other agencies and organizations and individuals.

7. “Draft” means a handwritten, typewritten or electronically created text which is formed in the process of drafting a document by an agency or organization.

8. “Primary source document” means a complete document in terms of content and format which is signed personally, for paper documents, or digitally, for e-documents, by a competent person.

9. “Original paper document” means a complete document in terms of content and format which is created from a document personally signed by a competent person.

10. “True copy” means a complete and accurate copy of a primary source document or an original document which is presented in the prescribed format and technique.

11. “Certified copy” means a complete and accurate copy of a true copy which is presented in the prescribed format and technique.

12. “Extract” means an accurate copy of the contents of a primary source document or an original document needed to be extracted, which is presented in the prescribed format and technique.

13. “File inventory” means a systematic inventory of dossiers expected to be made in a year of an agency or organization.

14. “File” means the collection of interrelated documents and materials on a specific issue, event or subject or on issues, events or subjects with common characteristics which are formed in the process of monitoring and settlement of work within the ambit of functions and tasks of an agency, organization or individual.

15. “Compilation of files” means the collection and arrangement of documents and materials formed in the process of monitoring and settlement of work by an agency, organization or individual according to certain principles and methods.

16. “Electronic document management system” means an information system which is built with the main function of computerizing the drafting and promulgation of documents, the management of documents, and the compilation of files and submission of files and materials to archives sections in the cyber environment (below referred to as System).

17. “Clerical section” means a section which performs some clerical tasks of an agency or organization.

Article 4.Principles and requirements of management of clerical work

1. Principles

Clerical work shall be conducted uniformly in accordance with law.

2. Requirements

a/ Documents of agencies and organizations shall be drafted and promulgatedintra viresaccording to the prescribed order and procedures and must comply with the prescribed presentation formats and techniques: Legal documents must comply with the Law on Promulgation of Legal Documents; for specialized documents, heads of line agencies shall base themselves on this Decree to work out appropriate regulations; administrative documents must comply with Chapter II of this Decree.

b/ All outgoing documents and incoming documents of an agency or organization shall be managed in a centralized manner at the agency’s or organization’s clerical section serving the performance of receipt and registration procedures, except documents which may be separately registered as prescribed by law.

c/ Outgoing documents sent and incoming documents received in a day shall be registered and issued or forwarded right in such day or the subsequent working day at the latest. Incoming documents with the level of urgency of “Express”, “Very Urgent” or “Urgent” (below collectively referred to as urgent documents) shall be registered, submitted and forwarded right after receipt.

d/ The sending, receipt and processing status of documents shall be monitored and updated.

dd/ Persons assigned to perform and monitor the work of agencies and organizations shall compile files on their assigned work and submit files and materials to archives sections of their agencies or organizations.

e/ Seals and secret key storage devices of agencies and organizations shall be managed and used in accordance with law.

g/ The System must meet the requirements prescribed in Appendix VI to this Decree and relevant laws.

Article 5.Legal validity of e-documents

1. E-documents which are digitally signed by competent persons and bear digital signatures of agencies or organizations in accordance with law are as legally valid as original paper documents.

2. Digital signatures on e-documents must meet all requirements prescribed by law.

Article 6.Responsibilities of agencies, organizations and individuals for clerical work

1. Heads of agencies and organizations shall, within the ambit of their assigned powers, direct the compliance with regulations on clerical work and the research and application of science and technology in clerical work.

2. In the process of monitoring and performance of tasks concerning clerical work, individuals shall comply with this Decree and relevant laws.

3. Clerical sections shall:

a/ Register and proceed with procedures for issuing and delivering, and monitor the delivery of, outgoing documents.

b/ Receive and register incoming documents; and submit and forward incoming documents.

c/ Arrange and preserve archived documents and assist the looking up and use of archived documents.

dd/ Manage document registers.

dd/ Manage and use seals and secret key storage devices of their agencies and organizations; and other stamps in accordance with law.

Chapter II

DRAFTING AND SIGNING ADMINISTRATIVE DOCUMENTS FOR PROMULGATION

Section 1

FORMAT AND TECHNIQUES FOR PRESENTATION OF ADMINISTRATIVE DOCUMENTS

Article 7.Types of administrative documents

Administrative documents include the following types: resolution (specific), decision (specific), directive, regulation, rule, communiqué, announcement, guideline, program, plan, option plan, scheme, project, report, minutes, statement, contract, official dispatch, official telegraph, memorandum of understanding, agreement, proxy, letter of invitation, letter of introduction, leave permit, dispatch slip, forward slip, notice, and official letter.

Article 8.Format of documents

1. Format of a document means the collection of components constituting the document, including major components required for all documents regardless of their types, and supplementary components required in specific cases or for documents of specific types.

2. The format of an administrative document includes the following major components:

a/ Official name and motto of the country.

b/ Name of the promulgating agency or organization.

c/ Number and code of the document.

d/ Place-name and date of promulgation of the document.

dd/ Type name and excerpt of the contents of the document.

e/ Contents of the document.

g/ Position, full name and signature of the concerned competent person.

h/ Seal and digital signature of the promulgating agency or organization.

i/ Recipients.

3. In addition to the components prescribed in Clause 2 of this Article, a document may be added with other components below:

a/ Appendix(ces).

b/ Stamps indicating the degree of secrecy and level of urgency; indications on the scope of circulation.

c/ Signs indicating the drafter of the document and the number of copies issued.

d/ Address of the promulgating agency or organization; email; website; telephone number; fax number.

3. The format of administrative documents must comply with the provisions of Appendix I to this Decree.

Article 9.Techniques for presentation of documents

Techniques for presentation of documents deal with paper size, type of presentation, edge setting, font, font size, font style, and positions for presenting components and page number of documents. Techniques for presentation of administrative documents must comply with the provisions of Appendix I to this Decree. The capitalization rules applicable to administrative documents must comply with the provisions of Appendix II to this Decree. Abbreviations of type names of administrative documents must comply with the provisions of Appendix III to this Decree.

Section 2

DRAFTING AND SIGNING ADMINISTRATIVE DOCUMENTS FOR PROMULGATION

Article 10.Drafting documents

1. Based on their functions, tasks and powers as well as the purposes and contents of to-be-drafted documents, heads of agencies and organizations or competent persons shall assign relevant units or individuals to take charge of drafting the documents.

2. The unit or individual assigned to take charge of drafting a document shall perform the following jobs: identifying the type name, contents, and degree of secrecy and level of urgency of the to-be-drafted document; collecting and processing relevant information; and drafting the document following the prescribed presentation form, format and technique.

For e-documents, in addition to the abovementioned jobs, the individuals assigned to draft the documents shall also upload drafts of the documents and accompanying materials (if any) to the System and update necessary information.

3. When necessary to amend or supplement the draft of a document, the concerned competent person shall inscribe his/her opinion on the draft or in the System and return the draft to the leadership of the unit taking charge of drafting the document for forwarding to the individual assigned to draft the document.

4. Individuals assigned to draft documents shall be held responsible before heads of their units and before law for the drafts of these documents within the ambit of their functions and tasks.

Article 11.Approving drafts of documents

1. The draft of a document shall be approved by a person competent to sign the document.

2. In case the draft of a document has been approved but needs to be further amended or supplemented, such amendment or supplementation shall be submitted to the person competent to sign the document for consideration and decision.

Article 12.Checking documents before signing for promulgation

1. The head of the unit taking charge of drafting a document shall check and be held responsible before the head of his/her agency or organization and before law for the contents of the document.

2. The person assigned to check the document presentation format and technique shall check and be held responsible before the head of his/her agency or organization and before law for the document presentation format and technique.

Article 13.Signing documents for promulgation

1. For an agency or organization operating under the single-boss regime

The head of the agency or organization is competent to sign all documents promulgated by the agency or organization and may entrust a deputy head to sign for him/her documents in the field(s) the deputy head is assigned to manage and a number of documents to be signed by the head. In case a deputy head is assigned to manage and administer the agency or organization, he/she shall sign documents like in case deputy heads sign documents for their heads.

2. For an agency or organization operating under the collegial regime

The head of the agency or organization shall, on behalf of the leadership of the agency or and organization, sign documents promulgated by the agency or organization. A deputy head of the agency or organization may, on behalf of the leadership of the agency or organization, sign documents for the head under the latter’s authorization and documents in the field(s) he/she is assigned to manage.

3. In special cases, the head of an agency or organization may authorize heads of agencies, organizations and units under the agency or organization to sign under authorization a number of documents he/she has to sign. The assignment of the task of signing documents under authorization shall be made in writing, clearly identifying the time and contents of authorization. Those who are assigned to sign documents under authorization may not sub-authorize others to sign documents. Documents signed under authorization must comply with the prescribed format and bear the seal or digital signature of the authorizing agency or organization.

4. The head of an agency or organization may assign heads of units under the agency or organization to sign by order documents of some types. Those who are assigned to sign documents by order may sub-assign their deputy heads to sign documents for them. The assignment of the task of signing documents by order shall be specified in the working regulation or regulation on clerical work of the agency or organization.

5. Those who sign documents shall be held responsible before law for the documents they sign for promulgation. Heads of agencies and organizations shall be held responsible before law for all documents promulgated by their agencies and organizations.

6. It is required to use unfadeable blue ink pens to sign paper documents.

7. E-documents shall be digitally signed by competent persons. The position and image of digital signatures must comply with the provisions of Appendix I to this Decree.

Chapter III

MANAGEMENT OF DOCUMENTS

Section 1

MANAGEMENT OF OUTGOING DOCUMENTS

Article 14.Order of management of an outgoing document

1. Numbering and identifying the time of promulgation of the document.

2. Registering the outgoing document.

3. Duplicating and affixing the seal of the promulgating agency or organization, the stamps indicating the degree of secrecy and level of urgency (for paper documents); or affixing the digital signature of the promulgating agency or organization (for e-documents).

4. Issuing, and monitoring the delivery of, the outgoing document.

5. Archiving the outgoing document.

Article 15.Numbering and identifying the time of promulgation of documents

1. Documents promulgated by an agency or organization in a year shall be sequentially numbered while the time of promulgation must follow the chronological order (starting on January 1 with No. 01 and ending on December 31 every year). The number and codes of documents promulgated by an agency or organization in a year must follow a unique sequence used commonly for both paper documents and e-documents.

a/ Numbering of legal documents: Each type of legal documents shall be numbered after a separate sequence of numbers.

b/ The numbering of specialized documents shall be prescribed by heads of relevant line agencies.

c/ The numbering of administrative documents shall be prescribed by heads of promulgating agencies and organizations.

2. For paper documents, the numbering and identification of time of promulgation shall be conducted after competent persons sign the documents but no later than the subsequent working day. Secret documents shall be numbered after a separate sequence of numbers.

3. For e-documents, the numbering and identification of time of promulgation shall be conducted by using relevant functions of the System.

Article 16.Registration of outgoing documents

1. The registration of outgoing documents must completely and accurately record necessary information relating to these documents.

2. Registration of outgoing documents

Documents shall be registered by register or the System.

a/ Registration of documents by register

Clerical sections shall register documents in the registers of outgoing documents. The form of register of outgoing documents must comply with Appendix IV to this Decree.

b/ Registration of documents by the System

Documents registered by the System shall be printed out with all information fields prescribed in the form of register of outgoing documents and bound into books serving management work.

3. Secret documents shall be registered in accordance with the law on protection of state secrets.

Article 17.Duplicating documents and affixing seals or digital signatures of agencies and organizations and stamps indicating the degree of secrecy and level of urgency

1. Duplicating, and affixing the seal of the promulgating agency or organization and stamp(s) indicating the degree of secrecy and/or level of urgency on, a paper document

a/ The outgoing document shall be duplicated in the exact quantity stated in the section “Recipients” of the document.

b/ The affixing of the agency’s or organization’s seal and stamp(s) indicating the degree of secrecy and/or level of urgency must comply with the provisions of Appendix I to this Decree.

2. Affixing the digital signature of the promulgating agency or organization on an e-document

The affixing of the digital signature of the promulgating agency or organization must comply with the provisions of Appendix I to this Decree.

Article 18.Issuing, and monitoring the delivery of, outgoing documents

1. Outgoing documents must undergo all procedures at promulgating agencies’ or organizations’ clerical sections and shall be issued right on the date of signing or the subsequent working day at the latest. Urgent documents shall be issued and sent right after they are signed.

2. The issuance of outgoing secret documents must ensure confidentiality of the contents of these documents in accordance with the law on protection of state secrets and comply with regulations on the quantity of copies, time and recipients.

3. A document which has been issued but has content-related errors shall be amended or replaced with another document of the equivalent form. A document which has been issued but has errors regarding the presentation format and technique or promulgation procedures shall be corrected under an official dispatch of the promulgating agency or organization.

4. Withdrawal of documents

a/ For a paper document, when receiving a notice of withdrawal, the recipient shall send the received document back to the sender.

b/ For an e-document, when receiving a notice of withdrawal, the recipient shall cancel the withdrawn e-document in the System and, at the same time, notify such via the System to the sender.

5. Issuance of a paper document from a document digitally signed by a competent person: The clerical section of the promulgating agency or organization shall print out the document digitally signed by the competent person and affix the seal of the agency or organization on the document in order to create the original paper document and then issue the document.

6. When necessary to issue an e-document from a paper document: The promulgating agency’s or organization’s clerical section must comply with Point c, Clause 1, Article 25 of this Decree.

Article 19.Archive of outgoing documents

1. Archive of paper documents

a/ Primary source documents shall be archived at promulgating agencies’ or organizations’ clerical sections and affixed with seals right after issuance and arranged according to the order of registration.

b/ Original documents shall be archived in work files.

2. Storage of e-documents

a/ Primary source e-documents shall be stored in the Systems of promulgating agencies or organizations.

b/ Agencies and organizations whose Systems meet the requirements prescribed in Appendix VI to this Decree and relevant laws may shall use and store electronic versions of primary source documents in the Systems instead of paper documents.

c/ For agencies and organizations whose Systems have not yet met the requirements prescribed in Appendix VI to this Decree and relevant laws, their clerical sections shall create the original paper documents under Clause 5, Article 18 of this Decree for archive at clerical sections and in work files.

Section 2

MANAGEMENT OF INCOMING DOCUMENTS

Article 20.Order of management of incoming documents

1. Receiving incoming documents.

2. Registering incoming documents.

3. Submitting and forwarding incoming documents.

4. Processing, and monitoring and urging the processing of, incoming documents.

Article 21.Receiving incoming documents

1. For a paper document

a/ The clerical section shall check the quantity, and the status of the envelope and seal (if any); compare the number and code inscribed on the envelope with the number and code of the document inside. If detecting errors or abnormal signs, the clerical section shall immediately report them to a responsible person for handling and notification to the sender.

b/ All incoming paper documents (including also documents with a stamp indicating the degree of secrecy) sent to an agency or organization and subject to registration at the clerical section must have their envelopes opened and shall be affixed with the “INCOMING” stamp. Documents sent to a specific person or mass organization in the agency or organization shall be forwarded by the clerical section to the recipient without having their envelopes opened. If documents sent to specific individuals relate to common work of the agency or organization, the recipients shall forward them back to the clerical section for registration.

c/ The “INCOMING” specimen stamp must comply with the form provided in Appendix IV to this Decree.

2. For an e-document

a/ The clerical section shall check the authenticity and integrity of the e-document and proceed with procedures to receive it in the System.

b/ In case the e-document fails to meet the provisions at Point a of this Clause or is sent to an improper recipient, the receiving agency or organization shall return the e-document to the sending agency or organization via the System. If detecting errors or abnormal signs, the clerical section shall immediately notify them to a responsible person for handling and to the sender.

c/ The document-receiving agency or organization shall immediately notify the receipt of the document to the document-sending document by using the relevant function of the System.

Article 22.Registration of incoming documents

1. The registration of incoming documents must ensure the completeness, clarity and accuracy of necessary information as prescribed in the form of register of incoming documents or input information of incoming document management data. Units and individuals are not required to process incoming documents not registered at clerical sections, except those allowed to be registered separately in accordance with law.

2. All incoming documents, regardless of whether they are paper documents or e-documents, in a year shall be sequentially numbered in the chronological order based on the time of receipt.

3. Registration of documents

Documents shall be registered by register or by the System

a/ Registration of incoming documents by register

Clerical sections shall register incoming documents in the registers of incoming documents. The form of register of incoming documents must comply with the provisions of Appendix IV to this Decree.

b/ Registration of incoming documents by the System

Clerical sections shall receive documents and register them to the Systems. When necessary, clerical sections shall digitalize incoming documents according to the provisions of Appendix I to this Decree. Clerical sections shall update to the Systems input information fields of incoming document management data according to the provisions of Appendix VI to this Decree. Incoming documents registered to the Systems shall be printed out with all information fields prescribed in the form of register of incoming documents, signed to certify the receipt and bound into books for management.

4. Secret documents shall be registered in accordance with the law on protection of state secrets.

Article 23.Submission and forwarding of incoming documents

1. An incoming document shall be submitted by the receiving agency’s or organization’s clerical section right on the day of receipt or the subsequent working day at the latest to the person competent to direct the processing of the document and forwarded to the unit or individual assigned to process the document. In case the unit or individual assigned to process the incoming document has been identified, the clerical section shall forward the document to such unit or individual for processing according to the agency’s or organization’s regulation on clerical work. If the incoming document is affixed with a stamp indicating the level of urgency, it shall be submitted and forwarded right after receipt. The forwarding of the document must ensure accuracy and confidentiality of its contents.

2. Based on the contents of incoming documents, working regulation of their agencies or organizations, and function, tasks and working plans assigned to relevant units and individuals, competent persons shall inscribe instructions for processing the incoming documents. For documents which involve more than one unit or individual, it is required to identify the unit or individual to assume the prime responsibility, coordinating unit(s) or individual(s), and time limit for processing the documents.

3. Submission and forwarding of a paper document: Instructions for processing the document shall be inscribed in the item “Forwarded to” in the “INCOMING” stamp affixed to the document or an incoming document-processing slip made according to the form provided in Appendix IV to this Decree. After obtaining the competent person’s instructions, the incoming document shall be returned to the receiving agency’s or organization’s clerical section for registration of additional information and forwarded to the unit or individual assigned to process the document. The unit or individual shall sign to certify the receipt of the paper document forwarded to it/him/her.

4. Submission and forwarding of an e-document via the System: The clerical section shall submit the e-document to a competent person for the latter to direct the processing of the document via the System.

The competent person shall inscribe his/her instructions for processing the document in the System, update to the System information on the unit or person receiving the document; his/her instructions; document-processing status; and time limit for processing the document, and forward the document to the unit or individual assigned to process the document. In case the e-document is sent together with its paper version, the clerical section shall submit the e-document via the System and forward the paper document to the unit or individual assigned by a competent person to assume the prime responsibility for processing the document.

Article 24.Processing, and monitoring and urging the processing of, incoming documents

1. Heads of agencies and organizations shall direct the prompt processing of incoming documents and assign responsible persons to monitor and urge and processing of incoming documents.

2. When receiving incoming documents, units or individuals shall study and process these documents within the time limits prescribed in working regulations of their agencies or organizations. Incoming documents affixed with a stamp indicating the level of urgency shall be processed immediately.

Section 3

MAKING COPIES OF DOCUMENTS

Article 25.Forms of making copies

1. Making true copies includes: making paper true copies from paper documents, making paper true copies from e-documents, and making electronic true copies from paper documents.

a/ The making of a paper true copy from a paper document shall be conducted by photocopying the primary source document or original paper document into paper.

b/ The making of a paper true copy from an e-document shall be conducted by printing the primary source e-document into paper.

c/ The making of an electronic true copy from a paper document shall be conducted by digitalizing the paper document and affixing the concerned agency’s or organization’s digital signature on it.

2. Making certified copies:

a/ Making certified copies includes making paper certified copies from paper documents, making electronic certified copies from paper documents, and making paper certified copies from e-documents.

b/ The making of certified copies shall be conducted by printing out or photocopying true copies.

3. Making extracts

a/ Making extracts includes making paper extracts from paper documents, making electronic extracts from paper documents, making electronic extracts from e-documents, and making paper extracts from e-documents.

b/ An extract shall be made by fully re-creating the format and contents of the to-be-extracted document.

4. The format and techniques for presentation of true copies, certified copies and extracts must comply with the provisions of Appendix I to this Decree.

Article 26.Legal validity of copies

True copies, certified copies and extracts made according to this Decree are as legally valid as original documents.

Article 27.Competence to make copies of documents

1. Heads of agencies or organizations shall decide on the making of copies of documents promulgated by their agencies or organizations and documents sent from other agencies or organizations and provide the competence to sign copies of documents.

2. The making of copies and photocopying of documents and objects carrying state secrets must comply with the law on protection of state secrets.

Chapter IV

COMPILATION OF FILES AND SUBMISSION OF FILES AND MATERIALS TO ARCHIVES SECTIONS OF AGENCIES AND ORGANIZATIONS FOR ARCHIVE

Article 28.Compilation of file inventories

File inventories shall be approved by heads of agencies and organizations, issued at the beginning of every year and sent to related units and individuals for use as grounds for compilation of files. The form of file inventory must comply with the provisions of Appendix V to this Decree.

Article 29.Compilation of files

1. Requirements

a/ To properly reflect the functions and tasks of units, agencies and organizations.

b/ Documents and materials in a file must be closely interrelated and reflect the order and development of the concerned event or the order of settlement  of the concerned work.

2. Opening a file

a/ Individuals tasked to settle work shall open files according to file inventories or working plans.

b/ To update initial information about files according to the issued file inventories.

c/ In case a file is not included in the file inventory, the individual tasked to settle work shall himself/herself identify the following information: title of the file, number and code of the file, file retention period, file compiler, and time of opening the file.

3. Collection and updating of documents and materials to files

Individuals assigned the relevant tasks shall collect and update all documents and materials, including materials in the forms of film, photo, and sound recording (if any), formed in the process of monitoring and settlement of work to files already opened, ensuring the integrity and completeness of files and avoiding loss.

4. Closing files

a/ A file shall be closed when the relevant work is completely settled.

b/ The compiler of a file shall review all documents and materials included in the file; exclude from the file repetitive documents and rough drafts; re-determine the retention period of the file; edit the title, number and code of the file as appropriate; and complete and close the file.

c/ For paper files: File compilers shall number every sheet of files, for files with a retention period of 5 years or more; make indexes of documents, for files to be retained eternally; and make a file closing slip, for all files.

d/ For electronic files: File compilers shall update to the System insufficient information. The listing of documents included in files shall be conducted by using the relevant function of the System.

Article 30.Submission of files and materials to archives sections of agencies and organizations for archive

1. Files and materials submitted to archives sections of agencies and organizations for archive must be sufficient and the submission must comply with the prescribed time limits, order and procedures.

2. Time limits for submitting files and materials to archives sections of agencies and organizations for archive

a/ Within 3 months after making the final accounts of construction works, for files and materials on capital construction.

b/ Within 1 year after the concerned work is completed, for other files and materials.

3. Procedures for submission of files and materials for archive

a/ For paper files

When submitting files and materials for archive, it is required to make 2 copies of the “Indexes of files and materials submitted for archive” and 2 copies of “Minutes on handover and receipt of files and materials” according to the forms provided in Appendix V to this Decree. Submitters and archives sections each shall keep 1 copy of these papers.

b/ For electronic files

Individuals assigned to settle work and compile files shall submit electronic files to archives sections of agencies and organizations for archive via the Systems.

Archives sections shall examine and check files against the file inventory; accurately link files to their metadata; receive and place files under the mode of electronic archive in the Systems.

Article 31.Responsibilities for compilation of files and submission of files and materials to archives sections of agencies and organizations for archive

1. Heads of agencies and organizations shall, within the ambit of their tasks and powers, manage documents and materials of their agencies and organizations; direct, examine and guide the compilation of files and submission of files and materials to their agencies’ or organizations’ archives sections for archive.

2. Responsibilities of heads of administration sections

a/ To advise heads of agencies or organizations in directing, examining and guiding the compilation of files and submission of files and materials to agencies’ or organizations’ archives sections for archive by subordinate agencies and organizations.

b/ To organize the compilation of files and submission of files and materials to agencies’ or organizations’ archives sections for archive at their agencies or organizations.

3. Responsibilities of units and individuals in agencies and organizations

a/ Heads of units of agencies and organizations shall be held responsible before heads of agencies and organizations for the compilation of files, and preservation and submission of files and materials of their units to agencies’ or organizations’ archives sections for archive.

b/ In the process of monitoring and settlement of work, each individual shall make a file  and be held responsible for the quantity, composition and contents of materials included in the file; and ensure the satisfaction of the prescribed requirements and quality of the file before submitting it to his/her agency’s or organization’s archives section for archive.

c/ Units and individuals in agencies and organizations shall submit files and materials required to be retained for 5 years or more to their agencies’ or organizations’ archives sections for archive.

d/ In case a unit or an individual wishes to keep files or materials for which the deadline for submission for archive has expired to serve its/his/her work, it/she/she shall obtain a written consent of the head of its/his/her agency or organization and make a list of kept files and documents and send such list to the archives section of its/his/her agency or organization. A unit or an individual may not keep files or materials for more than 2 years from the deadline for submission of these files or materials for archive.

dd/ Cadres, civil servants, public employees and workers in agencies and organizations shall, before retiring, resigning their jobs, shifting to other jobs or taking long-term study courses, hand over all files and materials formed in the process of working to their units and archives sections of their agencies or organizations according to regulations of their agencies or organizations.

Chapter V

MANAGEMENT AND USE OF SEALS AND SECRET KEY STORAGE DEVICES IN CLERICAL WORK

Article 32.Management of seals and secret key storage devices

1. Heads of agencies and organizations shall assign clerical sections to manage and use seals and secret key storage devices according to regulations.

2. Clerical sections shall:

a/ Safely store and use seals and secret key storage devices of agencies and organizations at the head offices of agencies and organizations.

b/ Hand over seals and secret key storage devices of agencies and organizations to others only when it is so permitted in writing by competent persons. The handover of seals and secret key storage devices of agencies and organizations shall be recorded in a minutes.

c/ Affix seals and digital signatures of agencies and organizations on documents promulgated by agencies and organizations and on their copies.

d/ Affix seals and digital signatures of agencies and organizations only on documents  already signed by competent persons and on copies directly made by agencies and organizations.

3. Individuals shall themselves safely store their secret key storage devices and secret keys.

Article 33.Use of seals and secret key storage devices

1. Use of seals

a/ Seals shall be affixed clearly and uprightly in the proper direction in red seal ink according to regulations.

b/ When affixing a seal on a signature, the seal must cover around one-third of the length of the signature from the left.

c/ For documents promulgated together with original documents or appendices: Seals shall be affixed on the first page, covering part of the name of the promulgating agency or organization or on the title of the appendix.

d/ The affixture of seals on the first page of documents or on the titles of appendices to documents, affixture of seals on adjoining pages of a document, or embossment of seals on paper documents shall be prescribed by heads of agencies and organizations.

dd/ When affixing a seal on adjoining pages of a document or an appendix, the seal shall be affixed in the middle of the right edge of at most 5 sheets, covering part of these sheets.

2. Use of secret key storage devices

Secret key storage devices of agencies and organizations shall be used to digitally sign e-documents promulgated by these agencies and organizations and electronic copies made from paper documents.

Chapter VI

STATE MANAGEMENT OF CLERICAL WORK

Article 34.Contents of state management of clerical work

1. To formulate, promulgate, and direct and guide the implementation of, legal documents on clerical work.

2. To perform the uniform management of clerical operations.

3. To manage scientific research and scientific and technological application in clerical work.

4. To manage the training and further training of clerical staffs and manage commendation and reward activities in clerical work.

5. To carry out inspection examination, settle complaints and denunciations, and handle violations in clerical work.

6. To enter into international cooperation in clerical work.

7. To conduct preliminary review and final review of clerical work.

Article 35.Responsibilities to manage clerical work

1. The Ministry of Home Affairs shall be held responsible before the Government for performing the state management of clerical work.

2. Within the ambit of their tasks and powers, ministries, ministerial-level agencies, government-attached agencies, People’s Committees of all levels and state enterprises shall:

a/ Based on provisions of law, promulgate, and guide the implementation of, regulations on clerical work.

b/ Examine the implementation of regulations on clerical work by agencies and organizations under their management; settle complaints and denunciations and handle violations in clerical work according to their competence.

c/ Organize and direct scientific and technological research and application in clerical work.

d/ Arrange funds for modernization of means and technical infrastructure serving clerical work and manage and effectively operate the Systems.

dd/ Arrange personnel and working space and facilities as appropriate, ensure the protection of state secrets and safe storage of seals and secret key storage devices of agencies and organizations.

e/ Organize training and further training for clerical staffs; manage commendation and reward activities in clerical work.

g/ Conduct preliminary review and final review in clerical work in their sectors, fields and localities.

Article 36.Funds for clerical work

1. Agencies and organizations shall arrange funds for clerical work within their annual state budget estimates. For state enterprises, the arrangement of funds must comply with current regulations.

2. Funds for clerical work shall be used for:

a/ Procurement and upgrading of systems, technical infrastructure, equipment and corrosive supplies serving clerical work.

b/ Assurance of communications, delivery of documents and digitalization of documents.

c/ Scientific research and application and technology transfer in clerical work.

d/ Other activities serving clerical work.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 37.Effect

This Decree takes effect on the date of its signing. The Government’s Decree No. 110/2004/ND-CP of April 8, 2004, on clerical work, and the Government’s Decree No. 09/2010/ND-CP of February 8, 2010, amending and supplementing a number of articles of the Government’s Decree No. 110/2004/ND-CP of April 8, 2004, on clerical work, cease to be effective on the effective date of this Decree.

Article 38.Implementation responsibility

1. The Minister of Home Affairs shall organize and examine the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, heads of state enterprises, and related organizations and individuals shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC

* The appendices to this Decree are not translated.