The Law on the Establishment of the National Archives Organization of Iran approved on 1349/02/17

Article (1):

In order to collect and preserve Iran’s national records in a single organization and provide suitable conditions and facilities for public access to these records, as well as save administrative and employment costs through the concentration of non-current files of ministries and government-affiliated institutions and the destruction of unnecessary records, an organization called the National Archives Organization of Iran was established under the Administrative and Utility Affairs Organization of the country.

Note: The records mentioned in this article include all papers, correspondence, offices, files, photographs, maps, stereotypes, charts, films, microfilms, audio tapes, and other records prepared by the government or received by the government which have been in the possession of the government continuously and non-continuously, and are of administrative, financial, economic, judicial, political, cultural, scientific, technical, and historical permanent maintenance value as recognized by the National Archives Organization of Iran.

 

Article (2):

Iran’s National Archives Organization will have a head, a council, and necessary structures.

 

Article (3):

The head of the National Archives Organization is selected from among high-ranking government employees who have higher education and experience in research, expertise in administrative affairs, and identification of archival records. This selection is made based on the suggestion of the Secretary General of the Administrative and Employment Organization of the country and with the approval of the Council of Ministers. The head of Iran’s National Archives Organization is responsible for implementating of the Council’s decisions and managing the organization’s affairs.

 

Article (4):

The Council of the organization will be composed of the following persons:

  1. Minister of Foreign Affairs
  2. Minister of Culture and Higher Education
  3. Prosecutor General of the country
  4. Secretary General of the Administrative and Employment Organization of the country
  5. Prosecutor of the Court of Accounts
  6. Two people who are experts in Iranian culture and history are elected for a period of three years on the proposal of the Minister of Culture and Higher Education and approved by the Council of Ministers, and their re-election is unimpeded.

Instead of the members mentioned in the first four paragraphs, their deputies may be present. The Council members elect one person from among themselves as the chairman.

Note (1): The head of the National Archives Organization will participate in the meetings as the secretary of the Council, but will not have the right to vote.

Note (2): The representative of the ministry or organization that is involved in making a decision about the non-current papers or the records and files of that ministry or organization is invited to the Council meetings to exchange opinions.

Note (3): The regulations on the organization of the Council meetings and the order of electing the chairman and the way of making decisions will be approved by the Council.

 

Article (5):

The duties of the Council are as follows:

  • Identifying redundant documents that can be destroyed and approving their detailed list that was previously prepared and regulated by the National Archives Organization and the relevant ministry or government institution according to the provisions of this law.
  • Approval of the regulations related to the way of appraising and transferring the non-current files and national records.
  • Approving regulations related to the organization and maintenance of national records and making them available to the public, as well as regulations related to confidential records and how to refer to them.
  • Approving regulations and criteria that ministries and government-affiliated institutions must follow in setting, recording, and maintaining files and records.
  • Drafting a tariff according to which the National Archives Organization will receive a fee from individuals (both natural and legal) for the preparation of microfilms, photocopies, and certified copies and for performing similar services.

Note: The funds obtained from paragraph (e) of this article will be included in the income account of the government treasury.

 

Article (6) – Regulation for the destruction of papers:

A. According to the regulations approved by the Council of Ministers, ministries, government, and government-affiliated institutions are obligated to maintain their records based on the uniform principles and methods prepared by the organization Council according to paragraph (d) of its duties during the period specified in the regulations. This will be determined for each organization, and they will separate and classify non-current files from current files.

B. Ministries, government and government-affiliated institutions are obliged to hand over all non-current records and files that do not need to be kept in the relevant organizations to the National Archives Organization for temporary storage, unless it has been 40 years from the date of preparation of the records or the date of the last paper of the file. In this case, it must be permanently transferred to the National Archives Organization.

Note: Ministries, government, and government-affiliated institutions, as well as the Council of the National Archives Organization, are responsible for the records and files that have been provided to the National Archives Organization according to this article. If the disclosure of their contents harms the rights of individuals or the interests of the government, they are considered confidential and the organization is obliged not to make these records and files available to clients, until the prescribed period expires, or until the ministry or relevant institution makes a secondary announcement, or until the ministry or the Council issues a new decision. This applies except for the exception of legally competent authorities.

 

Article (7):

The regulation related to the detection of redundant documents and the order of their destruction is proposed by the head of the National Archives Organization and approved by the Council and the commissions of the parliaments.

 

Article (8):

The Ministry of Defense is excluded from the provisions of this law, and the order of maintaining and preserving national records as well as the destruction of redundant documents in the Islamic Republic of Iran Army will be determined by a competent board formed for this purpose, with the notification of the National Archives Organization. The manner of formation of the aforementioned board and the manner of implementation of the provisions of this article shall be according to the regulation that is prepared and approved by the Ministry of Defense.

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