Ms. Pham Thi Phuong (character's name has been changed) learned about public service units (not performing state management functions) under the Departments, not subject to submitting documents to the State historical archives in localities as prescribed in Clause 2, Article 18 of the Law on archives 2024.
At Point b, Clause 3, Article 16 of the 2024 Law on archives stipulates that the authority to decide to cancel archival documents in current archives is: The head of an agency or organization not subject to submitting documents to the historical archives decides to cancel archival documents according to regulations.
Ms. Phuong wondered if the head of the agency or organization here is the Director of the public service unit or the Director of the Department?
In the process of destroying expired documents for public service units under the Departments, is there an implementation of "Evaluation of documents that have expired and overlap in current archives" as prescribed in Article 13 of Circular 06/2025?
If it is necessary to appraise, which agency has the authority to appraise the documents of public service units (not performing state management functions) under the Departments?
Regarding Ms. Phuong's reflection and recommendation, the Ministry of Home Affairs has responded on the Electronic Information Portal.
According to the Ministry of Home Affairs, Point b, Clause 3, Article 16 stipulates: The head of an agency or organization not subject to submitting documents to the historical archives shall decide to cancel the archival documents according to regulations.
The head of the agency or organization in this case is the Director of the public service unit.
Law on Archives and documents detailing the Law does not stipulate the appraisal of documents that have expired for storage by agencies and units not subject to submitting them to historical archives, Clause 4, Article 15, Circular No. 06/2025/TT-BNV stipulates in general the composition of documents, not mandatory for all cases.
