Archival documents of specific mass organizations need to belong to the Vietnam State Archives.

Are the archives of specific mass associations private archives or state archives?

Clarifying whether the archival documents of specific mass organizations assigned by the State to be assigned tasks, staffed, and supported with operating funds belong to private archives or state archives is an issue raised by National Assembly deputies when discussing the draft Law on Archives (amended) at the Sixth Session.

Through research and absorbing the opinions of National Assembly deputies, the Standing Committee of the Law Committee found that, according to the provisions of the current Law on Archives (Clause 9, Article 2), the archival documents of socio- political and professional organizations, social organizations, and socio-professional organizations, including mass organizations assigned by the Party and the State, belong to the State Archives of Vietnam. However, the draft Law submitted to the National Assembly at the 6th Session stipulates that the archival documents of these organizations are part of the National Archives of Vietnam, but are private archival documents, not belonging to the State Archives of Vietnam (Clause 24, Article 2 and Article 7).

On this issue, there are different opinions in the Standing Committee of the Law Committee. The majority of opinions believe that, according to Decision No. 118-QD/TW of the Secretariat, there are currently 30 mass organizations assigned by the Party and the State at the Central level, including those that are regulated by the provisions of the law such as the Vietnam Red Cross Society , the Vietnam Cooperative Alliance, the Vietnam Bar Federation, the Vietnam Journalists Association, etc. Documents formed during the operation of these organizations play an important role in practical activities, scientific and historical research and serving state management, and should be submitted to the historical archives to preserve, ensure safety and promote the value of archival documents. These opinions propose to stipulate that documents formed during the operation of mass organizations assigned by the Party and the State belong to the State Archives of Vietnam; Documents formed during the activities of associations and other social organizations are private archives belonging to the National Archives of Vietnam.

Some opinions in the Standing Committee of the Law Committee agreed with the draft Law submitted to the National Assembly at the 6th Session, which stipulates that these documents belong to private archives. Because, according to current regulations, special mass organizations are voluntary and self-governing organizations. Meanwhile, the State Budget Law stipulates that the operating costs of socio-political and professional organizations, social organizations, and socio-professional organizations are implemented according to the principle of self-insurance, the state budget only supports tasks assigned by the State (Clause 8, Article 8). On the other hand, the archives of these organizations are not currently submitted to the historical archives because they are not a source of submission to the historical archives according to the provisions of Circular No. 17/2014/TT-BNV of the Minister of Home Affairs.

Current regulations are clear.

Regarding the issue of archives of mass organizations assigned by the Party and State to be assigned tasks, staffed and supported with operating costs, whether they belong to private archives or to the State archives, Vice Chairman of the National Assembly Nguyen Khac Dinh analyzed that the draft Law submitted to the National Assembly at the 6th Session stipulates that these documents belong to private archives and are part of the National Archives of Vietnam. However, the Vice Chairman of the National Assembly noted that national archives and state archives are different. State archives are archives carried out by competent state agencies, while national archives are a general manifestation. The provisions of the current Law on this issue cannot be implemented because Circular No. 17/2014/TT-BNV does not provide specific regulations, so organizations and units cannot implement them. We cannot change the provisions of the Law because of a circular.

Secretary General of the National Assembly and Head of the National Assembly Office Bui Van Cuong said that it is necessary to stipulate that archival documents formed during the activities of mass organizations assigned by the Party and the State belong to the State archives. Because, according to Decision No. 118-QD/TW of the Secretariat, there are currently 30 mass organizations assigned by the Party and the State at the Central level... "It is necessary to put the documents of these special mass organizations into the State archives to ensure the source of storage, confidentiality and promote practicality in scientific and historical research, as well as serve the work of State management", Secretary General of the National Assembly Bui Van Cuong suggested.

Emphasizing the important role of archival documents formed during the activities of mass organizations assigned by the Party and State, National Assembly Chairman Vuong Dinh Hue said that they should be kept as stipulated in the current Law, because current legal documents have clearly stipulated this issue.

Along with the regulations on the authority to manage archival documents and archival document databases, the National Assembly Chairman emphasized that decentralization and delegation of authority is a correct policy, but it is necessary to ensure concentration and unity in archival activities. Therefore, relevant agencies need to continue reviewing the content related to the issue of responsibility for providing information, connecting and sharing data related to Party archives, historical archives of the defense, public security and diplomacy sectors from the central to local levels. The draft Law needs to have regulations on these agencies periodically reporting to state management agencies in the field of archives to promptly share and connect information and data with state management agencies.

The National Assembly Chairman noted that if regulations on the management of archival documents and archival document databases adhere to the above principles, the value of archival documents will be increased, ensuring the consistency and unity of national archives.

Based on the opinions and thorough analysis of this issue, the Notice of Conclusion of the National Assembly Standing Committee on the explanation, acceptance and revision of the draft Law on Archives (amended) clearly stated that it agreed to stipulate that the archival documents of mass organizations assigned by the Party and the State belong to the State Archives of Vietnam. And the draft Law only stipulates one option on this content. Documents formed during the operation of other associations and social organizations will be private archival documents, belonging to the National Archives of Vietnam.

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