Mr. Do Viet Phuc (Lai Chau) asked if agencies and organizations are allowed to apply Circular No. 10/2022/TT-BNV to determine and guide the determination of the value of archival materials for the process of revising and compiling documents during the handling of backlog documents from 2022 and earlier.

For example, if in 2023, Agency A revises its documents from 2016 to 2022, is the retention period for the collection of outgoing documents (ordinary administrative documents) of Agency A determined to be permanent according to Circular No. 10/2022/TT-BNV, or 50 years according to Circular No. 09/2011/TT-BNV and Circular No. 13/2011/TT-BNV?

Regarding the documents that were revised before 2010 and applied the document retention period according to Circular No. 25/NV dated 10/9/1975 issued by the Prime Minister's Archive Department on the Model Document Retention Period, which is currently designated as permanent and temporary, can they use Circular No. 10/2022/TT-BNV to re-evaluate the value of those documents?

The State Archives and Records Management Department issued Decision No. 163/QD-VTLTNN on 4/8/2010, which regulates the retention period for documents commonly created in the activities of agencies and organizations. This decision and Circular No. 09/2011/TT-BNV revoke Circular No. 25/NV dated 10/9/1975. However, Circular No. 09/2011/TT-BNV and Circular No. 10/2023/TT-BNV of the Ministry of Home Affairs have not revoked Decision No. 163/QD-VTLTNN. Therefore, is this document still applicable to determine the value of documents?

On this issue, the Ministry of Home Affairs responds as follows:

For documents that have been edited before the effective date of Circular No. 10/2022/TT-BNV dated December 19, 2022 of the Ministry of Home Affairs regulating the document retention period, the retention period shall be determined according to Circular No. 09/2011/TT-BNV dated June 3, 2011 of the Ministry of Home Affairs regulating the retention period for commonly formed documents in the activities of agencies and organizations and Circular No. 13/2011/TT-BNV dated October 24, 2011 of the Ministry of Home Affairs regulating the retention period for documents formed in the activities of People's Committees of provinces and centrally-run cities.

For documents edited after Circular No. 10/2022/TT-BNV takes effect, the retention period shall be determined according to Circular No. 10/2022/TT-BNV and the regulations of the relevant industry and field regarding retention period for professional and related documents, without distinguishing the time of document formation. Agencies and organizations shall not re-determine the retention period for documents that have been edited before Circular No. 10/2022/TT-BNV takes effect.

Decision No. 163/QD-VTLTNN dated August 4, 2010 of the State Records and Archives Department regulates the retention period of commonly formed documents in the activities of agencies and organizations, and is an administrative document. However, the provisions on retention period of commonly formed documents in the activities of agencies and organizations have already been stipulated in Circular No. 09/2011/TT-BNV dated June 3, 2011 of the Ministry of Home Affairs.

Therefore, according to the provisions on the application of legal normative documents in Article 156 of the Law on Promulgation of Legal Normative Documents 2015, agencies and organizations apply uniformly according to the provisions of Circular No. 09/2011/TT-BNV, and do not apply Decision No. 163/QD-VTLTNN; at the same time, Circular No. 09/2011/TT-BNV also abolished Official Letter No. 25/NV dated September 10, 1975 of the State Archives Department which issued the Model Document Retention Schedule.