Overcoming shortcomings in archiving
Continuing the 6th Session, on the afternoon of November 10, Minister of Home Affairs Pham Thi Thanh Tra, authorized by the Prime Minister, presented a report on the draft Law on Archives (amended).
According to the Minister, after more than 10 years of implementation, in addition to the achieved results, the 2011 Archives Law has revealed shortcomings and limitations such as: Not promptly institutionalizing new policies and guidelines of the Party and State in the field of archives; many practical issues have not been regulated by the 2011 Archives Law or have been regulated but not specifically, causing difficulties in the implementation process such as the authority to manage archival documents, manage electronic archival documents, private archival activities and management of archival service activities.
Affirming that the development of the Law on Archives (amended) is necessary to institutionalize the Party and State's policies and guidelines on archives, innovate management activities and implement archival operations, overcome shortcomings and limitations in current archival practices, promote the application and development of information technology to meet the requirements of sustainable, comprehensive development and international integration.
The draft Law consists of 9 chapters and 68 articles (an increase of 2 chapters and 26 articles compared to the 2011 Law on Archives), with amendments and supplements focusing on 4 policies approved by the Government in Resolution No. 152, including: Regulations on the authority to manage archival documents; regulations on archiving electronic documents and digital documents; regulations on private archiving activities; regulations on archiving service activities.
Minister Pham Thi Thanh Tra presented the report.
Regarding regulations on the authority to manage archival documents, Ms. Tra said that the draft Law supplements regulations on the authority to manage documents of the National Archives of Vietnam in the direction of clearly defining the authority to manage the database of archival documents;
Archival documents of the Communist Party of Vietnam Archives and the State Archives of Vietnam between the competent Party agencies and the State management agencies on archives; decentralization of archival document management between the State archives at the central and local levels;
Authority to manage documents of the defense, police, and foreign affairs sectors and authority to manage communal-level archives. "Thereby, creating a unified legal corridor for managing archives and archive databases, ensuring the effectiveness and efficiency of State management," Ms. Tra stated.
Regarding the provisions on archiving electronic and digital documents, the draft Law clearly stipulates the types of electronic archives; digitization of archives; conversion of digital archives into paper archives; construction and updating of archives database; digital archives management system; collection, preservation, use of digital archives and destruction of expired digital archives; Digital archives; storage of other electronic archives.
Regarding regulations on private archival activities, the draft Law clearly stipulates the requirements of private archival activities; the State supports private archival activities; the rights of organizations and individuals in private archival activities; the responsibilities of organizations and individuals in private archival activities; private archival activities; private archival professional activities; archival activities serving the community; buying, selling, exchanging, and donating private archival documents of special value; promoting the value of private archival documents.
Regarding regulations on archival service activities, Ms. Tra said that the draft Law clearly stipulates archival service activities; principles of archival service activities; organizations and individuals doing business and providing archival services; responsibilities of agencies, organizations and individuals; and archival practice certificates.
Promoting the value of private archives
Examining the draft Law on Archives (amended), Chairman of the Law Committee Hoang Thanh Tung said that the Law Committee agrees with the need to comprehensively amend the 2011 Law on Archives.
Regarding the scope of regulation, the Law Committee basically agrees with the provisions of the draft Law in the direction of expanding the scope of regulation for private archival activities in order to create a legal corridor for organizations and individuals to participate in archival activities, contributing to ensuring the preservation and promotion of the value of private archival documents to serve the interests of the community and national interests.
At the same time, implement the orientation of promoting the socialization of archival activities, building an archival society and an archival nation.
The Law Committee proposed to review the provisions of the draft Law with the Law on Cultural Heritage and the proposed amendments to this Law related to the management of archival documents recognized as "documentary heritage", private archival documents of special value recognized as national treasures to have appropriate provisions, avoiding overlap and inconsistency between the two laws.
Regarding the composition of the Vietnam National Archives, the Law Committee basically agrees with the provisions of the draft Law on the Vietnam National Archives, which includes all archival documents of Vietnam, regardless of the time of formation, place of preservation, recording techniques and information carriers.
Chairman of the Law Committee Hoang Thanh Tung.
The Law Committee proposed to review and clarify some provisions in Clause 3, Article 7 of the draft Law, specifically: The provision in Point b, Clause 3 on the State Archives of Vietnam including archival documents formed during the operation of "agencies, organizations, individuals not specified in Point a of this Clause" has covered all agencies and organizations mentioned in Points b, c and d, Clause 3, therefore overlapping and inaccurate; supplementing provisions on archival documents formed during the operation of social organizations, socio-professional organizations at the commune level at Point c, Clause 3 to fully cover archival documents at the commune level.
Regarding the authority to manage archival documents and archival document databases, Mr. Tung said that the majority of opinions in the Law Committee agreed with the division of authority to manage archival documents and archival document databases as stipulated in Article 9 of the draft Law;
Some opinions suggested that the agency in charge of drafting the report clarify the specifics of the submission, management and use of archival documents formed during the operation of the diplomatic sector, the advantages and difficulties (if any) so that the National Assembly has a basis to consider assigning the Ministry of Foreign Affairs to directly manage and archive documents of the diplomatic sector, without submitting them to the State Historical Archives.
Regarding the storage of electronic and digital documents, the Law Committee basically agrees with the provisions of the draft Law on the storage of electronic and digital documents.
At the same time, it is recommended that the drafting agency carefully evaluate and clearly define the implementation roadmap, resources and other necessary conditions for the implementation of regulations related to the storage of electronic and digital documents to ensure feasibility... .
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