Republic of Latvia Cabinet Regulation No. 749 Adopted 6 November 2012

Procedures for the Transfer of Records for Permanent State Retention to the National Archives of Latvia

Issued pursuant to
Section 5, Paragraph two and
Section 6, Paragraphs four and six
of the Archives Law

1. General Provisions

1. This Regulation prescribes the procedures by which:

1.1 an institution shall transfer records and reference system for permanent State retention in the National Archives of Latvia (hereinafter - Archives);

1.2 private records with archival value shall be transferred to the Archives in case of liquidation of a legal person;

1.3 an institution transfers records and reference system for permanent State retention in the Archives before expiry of the time period for their storage at the institution;

1.4 a permit for extending the time period for record storage at the institution shall be received.

2. Preparation of Records for Their Transfer for State Retention

2. In order to prepare records for transfer to the Archives, an institution shall carry out the following activities:

2.1 co-ordinate the date of transferring the records and their volume with the Archives;

2.2 verify existence and physical state of the records;

2.3 prepare a reference system for the records to be transferred;

2.4. examine the conformity of the records with the reference system;

2.5. write the group number and sub-group number assigned by the Archives on the cover of the file.

3. If an institution ceases to exist after its liquidation or reorganisation or if a natural person who is engaged in professional activity withdraws from this activity, the Archives shall be informed regarding taking of a decision to liquidate or reorganise, and shall co-ordinate the date of transferring the records and their volume by the end of liquidation or reorganisation.

4. An institution or private individual shall prepare and insert records in secure packaging (for instance, boxes, packs, cases) for transportation of the records to the Archives.

5. The packaging shall bear information regarding the records inserted therein - the group number, sub-group number of the Archives, description, series, sub-series and file numbers. If it is not possible to indicate the referred-to information on the packaging, it shall be appended on a separate page to each packaging unit.

6. An institution or private individual shall ensure protection and preservation of the records during their transportation to the Archives.

3. Transfer of Documents for Permanent State Retention

3.1. Transfer of Records of Institutions and Private Individuals for Permanent State Retention

7. Records together with a reference system shall be transferred by an institution or private individual for permanent State retention to the Archives in an arranged and described form in accordance with the requirements for arrangement and description of public records laid down in the laws and regulations governing the field of archives.

8. Until December 1 of the current year the Archives shall co-ordinate in writing with an institution the schedule of the next calendar year for the transfer and acceptance of the records for permanent State retention.

9. When transferring records for permanent State retention, the institution or private individual shall prepare an act of transfer and acceptance of records for permanent State retention (see Annex 1) in two copies. The act shall be signed by the person who transfers the records, and the person authorised by the Archives who accepts the records.

10. If the number of records to be transferred (storage units) does not correspond to the reference system co-ordinated with the Archives, the acts certifying changes in the volume of records shall be appended to the act of transfer and acceptance of records for permanent State retention.

11. Records of an institution which has territorial units, shall be transferred for permanent State retention to the respective unit of the Archives according to the place of operation of the territorial unit of the institution (the place where records are drafted). The institution shall agree in writing with the Archives regarding another place of transfer of the records of its territorial units.

12. After acceptance of records the Archives shall verify the design, physical state of the records and files, their conformity with the reference system and number in accordance with the requirements of the laws and regulations governing the field of archives.

13. The Archives shall make an entry regarding the data established during examination in the act of transfer and acceptance of records for permanent State retention and shall transfer one copy of the act to the respective institution or private individual. The institution or private individual shall eliminate the non-conformities established within the time period agreed upon with the Archives.

14. In the case laid down in Section 7, Paragraph two of the Archives Law, an institution which does not have a legal successor of rights and obligations shall transfer records, which are to be stored temporarily, for State retention in the Archives until expiry of the time period of their retention, appending a list of titles of files, dates of files, number or volume of files, the time periods for their retention, the planned year of destruction and restrictions on the time period of accessibility.

15. If the records to be transferred for State retention to the Archives are not arranged and described in accordance with the requirements of the laws and regulations governing the field of archives, the respective institution or private individual shall cover the costs for arrangement and description of the records to be transferred for permanent State retention.

3.2. Transfer for Permanent State Retention of Electronic Records and Such Records, Information Contained in which is Formed by an Image or Sound and Which are to be Perceived and Used via Relevant Equipment (Audiovisual and Cinematographic Records, Photographs and Sound Records)

16. The Archives and an institution or private individual shall enter into a contract regarding transferring for permanent State retention of electronic records and of records, information contained in which is formed by an image or sound and which are to be perceived and used via relevant equipment (audiovisual and cinematographic records, photographs and sound records).

17. The contract referred to in Paragraph 16 of this Regulation shall include the following conditions:

17.1 the format for saving the records, encoding and data carrier;

17.2 the time period for transfer of the records, volume, number of copies of data carriers;

17.3 for electronic records - content and design of the transfer package (hereinafter - package);

17.4 the rights and restrictions of the use and accessibility of the records;

17.5 for electronic records - the term of control examination;

17.6 other conditions upon agreement by the contracting parties.

18. The contract referred to in Paragraph 16 of this Regulation shall not be entered into if electronic records are created in a document management system and the formats referred to in the laws and regulations regarding the development, drawing up, storage and circulation of electronic documents in State and local government institutions, as well as the XSD or XML format are used in the package.

19. Electronic records shall be transferred for permanent State retention by creating packages. A package shall include:

19.1 an audit record file in XML format regarding each management system of electronic data and documents of the institution, which records the activities carried out by users, if it is ensured by the functionality of the system;

19.2 a file in XML format in which the name and extension - hash totals (check sums) acquired by at least two different algorithms and such of these algorithms are recorded regarding each electronic record to be transferred;

19.3 the structural file of the package in TXT or XML format which contains a reference to the hash totals (check sums) of the electronic records included, audit record, location of description files of the records in the package;

19.4 descriptions of series, sub-series, files and records in XML, XLSX or XLS format;

19.5 electronic records to be transferred for permanent or long-term State retention.

20. The audit records, the package structure of hash totals (check sums) and the structure of package description files to be included in the package shall be co-ordinated with the Archives.

21. The package shall be prepared in two identical copies by using CD-R, DVD+R, BD-R compact discs or magnetic tapes. Use of any other data carriers shall be co-ordinated with the Archives.

22. An institution or private individual shall transfer records, information contained in which is formed by an image or sound and which are to be perceived and used via relevant equipment (audiovisual and cinematographic records, photographs and sound records) for permanent State retention, using the formats referred to in Annex 2 to this Regulation.

23. An institution or private individual may transfer the records referred to in Paragraph 16 of this Regulation in electronic format for permanent State retention, using online forms upon co-ordinating the transfer process with the Archives.

24. Electronic records shall be transferred for permanent State retention in accordance with other requirements of the laws and regulations governing the field of electronic documents.

4. Transfer of Records for Permanent State Retention Prior to Expiry of the Time Period for Retention Laid down in Laws and Regulations at an Institution

25. An institution may transfer records to the Archives prior to expiry of the time period laid down in Section 6, Paragraph one or two of the Archives Law if the institution is unable to ensure preservation of the records and thus irreversible loss of the records may occur.

26. An institution shall submit a written application (Annex 3) to the Archives on the necessity to transfer records for permanent State retention prior to expiry of the time period laid down in Section 6, Paragraph one or two of the Archives Law.

27. Upon receipt of the application the Archives shall consider the reason for an early transfer of records and evaluate its capacity to accept the volume of the records to be transferred, as well as their physical state.

28. The Archives shall, within a month after receipt of the application, take a decision to accept the records for permanent State retention or to refuse to accept the records, and shall inform the institution regarding the decision taken.

29. The institution shall, within two months after receipt of the decision of the Archives to accept the records, transfer records for permanent State retention in the Archives.

5. Extending of the Time Period for Record Storage at Institutions

30. In the case laid down in Section 6, Paragraph three of the Archives Law an institution shall, a month before expiry of the time period for record storage at the institution, submit an application to the Archives on extending the time period of retention (Annex 4).

31. Upon receipt of an application of the institution the Archives shall examine the conformity of the record storage conditions with the requirements of the laws and regulations governing the field of archives and shall, within a month, take a decision to issue a permit for extending the time period of record storage (Annex 5) (hereinafter - permit) or to reject to issue a permit.

32. A permit shall be issued for the time period indicated in the application of the institution not exceeding the time period of 10 years. The term of validity of the permit may be extended if no violations in relation to record storage have been detected during the previous term of validity.

33. The permit shall not be issued if the institution fails to ensure record storage conditions in accordance with the requirements of the regulations regarding management of records and archives.

34. The Archives shall revoke the permit if, upon performing an inspection in the field of management of records of the institution and the archives, it is detected that the institution does not ensure appropriate record storage conditions.

6. Closing Provision

35. Paragraph 23 of this Regulation shall come into force on 1 January 2014.

Prime Minister V. Dombrovskis

Minister for Culture Ž. Jaunzeme-Grende

 

Annex 1
Cabinet Regulation No. 749
6 November 2012

Sample Act of Transfer and Acceptance
of Records for Permanent State Retention
in the National Archives of Latvia

Sample 1

ACT

	No._______
(date)

on transfer and acceptance of described records
for permanent State retention

Substantiation
	(reference to the document under with the record is transferred)

 

(name, registration number and legal address of the institution or private individual)

 

(position, given name and surname of the responsible or authorised person of the institution or private individual)

 

transfers and
	(position, given name and surname of the responsible person of the unit of the National Archives of Latvia)

 

accepts for State retention
	(title and number of group, sub-group)

 

the following storage units and reference systems for year(s) _______________:

 

No.	Type and number of the record-keeping list	Number of storage units	Notes

 

In total		storage units are transferred and accepted,
	(in figures and words)

 

including ________ storage units containing restricted access records

 

(		)
(numbers of storage units)

Prior to examination of the number of storage units and their physical examination records were

transferred by		accepted by
(position of the head or authorised person of the institution or private individual)		(position of the authorised person of the unit of the National Archives of Latvia)
(signature*, given name, surname)		(signature*, given name, surname)
(date*)		(date*)

 

 

After examination of the number of storage units and their physical examination,

(in figures and words)

storage units were accepted in the National Archives of Latvia, and it was detected that according to:

 

the act	_____________ _____________	storage units are missing
	(date, No and title of the act)

 

the act	____________ ______________	storage units were found
	(date, No and title of the act)

 

the act	_____________ ____________	technical mistakes wer detected in the act of transfer.
	(date, No and title of the act)

 

Non-conformities must be eliminated by
	(date)

 

Examination was performed by
	(position of the authorised person of the unit of the National Archives of Latvia)
(signature)			(given name, surname)
(date)

 

INCLUDE IN THE RECORDKEEPING LIST				storage units
	(No. and title of the group of the Archives)		(number of storage units)

 

for

years in the National Archives of Latvia.

 

Head of the unit of the National Archives of Latvia
	(position of the head of the unit)
(signature*)			(given name, surname)
(date*)

Sample 2

ACT

	No._______
(date)

On transfer and acceptance of records without description
for permanent State retention

Substantiation
	(reference to the document under with the record is transferred)

 

(name, registration number and legal address of the institution or private individual)

 

(position, given name and surname of the responsible or authorised person of the institution or private individual)

 

transfers and
	(position, given name and surname of the responsible person of the unit of the National Archives of Latvia)

 

accepts for State retention
	(title and number of group, sub-group)

 

storage units (files, records, pages, kg) for year(s) _______________:

 

No	Storage units without description	Volume	Notes

 

In total		storage units are transferred and accepted,
	(in figures and words)

 

including ________ storage units containing restricted access records

 

(		)
(numbers of storage units)

Prior to examination of the number of storage units and their physical examination records were

transferred by		accepted by
(position of the head or authorised person of the institution or private individual)		(position of the authorised person of the unit of the National Archives of Latvia)
(signature*, given name, surname)		(signature*, given name, surname)
(date*)		(date*)

Sample 3

ACT

	No._______
(date)

on transfer and acceptance of electronic records
for permanent State retention

Substantiation
	(reference to the document under with the record is transferred)

 

(name, registration number and legal address of the institution or private individual)

 

(position, given name and surname of the responsible or authorised person of the institution or private individual)

 

transfers and
	(position, given name and surname of the responsible person of the unit of the National Archives of Latvia)

 

accepts for State retention
	(title and number of group, sub-group)

 

the following storage units and reference systems for year(s) _______________:

 

No	Record-keeping list number	Number of storage units	Number of records	Total amount (Mbit)	File format	Encoding	Title of the management system of electronic documents	Notes

 

In total		storage units are transferred and accepted,
	(in figures and words)

 

including ________ storage units containing restricted access records

 

(		)
(numbers of storage units)

Prior to examination of the number of storage units and their physical examination records were

transferred by		accepted by
(position of the head or authorised person of the institution or private individual)		(position of the authorised person of the unit of the National Archives of Latvia)
(signature*, given name, surname)		(signature*, given name, surname)
(date*)		(date*)

 

After examination of the number of storage units and their physical examination,

(in figures and words)

storage units were accepted in the National Archives of Latvia, and it was detected that according to:

 

the act		storage units are missing
	(date, No and title of the act)

 

the act		storage units were found
	(date, No and title of the act)

 

the act		technical mistakes were detected in the transfer act.
	(date, No and title of the act)

 

Non-conformities must be eliminated by
	(date)

 

Examination was performed by
	(position of the authorised person of the unit of the National Archives of Latvia)

 

(signature)		(given name, surname)

 

(date)

 

INCLUDE IN THE RECORD-KEEPING LIST				storage units
	(No. and title of the group of the Archives)		(number of storage units)

 

for

years in the National Archives of Latvia.

 

Head of the unit of the National Archives of Latvia
	(position of the head of the unit)

 

(signature)		(given name, surname)

 

(date)

Note. * The details of the document "date" and "signature" shall not be completed if the electronic record has been prepared in accordance with the laws and regulations regarding the drawing up of electronic documents.

Minister for Culture Ž. Jaunzeme-Grende

 

Annex 2
Cabinet Regulation No. 749
6 November 2012

Formats in Which Electronic Photo Records, Sound and Audiovisual Records Are Transferred for Permanent State Retention

No.	Type of the record	Storage format	Storage parameters
1.	Photo records
1.1.		JPEG (Joint Photographic Experts Group)	Colour depth - 8 bits/point Number of colour channels - 3 (RGB specification) Resolution - 300 dpi or >= 8 Mpix/A4
1.2.		TIFF (Tagged Image File Format)	Colour depth - 8 bits/point Number of colour channels - 3 (RGB specification) Resolution - 300 dpi or >= 8 Mpix/A4
1.3.		JPEG 2000	Colour depth - 8 bits/point Number of colour channels - 3 (RGB specification) Resolution - 300 dpi or >= 8 Mpix/A4
1.4.		PDF/A	Colour depth - 8 bits/point Number of colour channels - 1 (Grayscale specification) Resolution - 300 dpi or >= Mpix/A4
2.	Sound records
2.1.		OGG (PCM Speex, FLAC)	Encoding step - 16 bits Amplification frequency - 44.1 kHz
2.2.		PCM WAVE (Pulse Code Modulation - Waveform Audio File Format)	Encoding step - 16 bits Amplification frequency - 44.1 kHz
3.	Audiovisual and cinematographic records
3.1.		DV (Digital Video)	For video stream Resolution - 720 x 576 points Colour system - PAL Number of frames per second - 25 Data transfer rate - 25 Mbit/s For audio stream Format - PCM WAV Encoding step - 16 bits Amplification frequency - 48 kHz Number of channels - 2 (Stereo)
3.2.		MPEG (Layer-4) (Moving Pictures Experts Group)	For video stream Resolution - 720 x 576 points Colour system - PAL Number of frames per second - 25 Data transfer rate >= 4M bit/s For audio stream Format - Mpeg Layer 1/2 Encoding step - 16 bits Amplification frequency - 48 kHz Number of channels - 2 (Stereo) Data transfer rate >= 192 Mbit/s
3.3.		MPEG (Layer-4) (Moving Pictures Experts Group)	For video stream Resolution >= 352 x 240 points Colour system - PAL Number of frames per second - 25 Data transfer rate >= 2 Mbit/s For audio stream Format - Mpeg Layer 1/2 Encoding step - 16 bits Amplification frequency - 48 kHz Data transfer rate >= 128 Mbit/s
3.4.		MPEG-2 (Moving Pictures Experts Group)	For video stream Resolution - 720x576 points Colour system - PAL Number of frames per second - 25 Data transfer rate >= 7 Mbit/s For audio stream Format - Mpeg Layer 1/2 Encoding step - 16 bits Amplification frequency - 48 kHz Number of channels - 2 (Stereo) Data transfer rate >= 224 Mbit/s
3.5.		Motion JPEG 2000	For video stream Resolution >= 2K (2048×1080) points Colour system - PAL/NTSC Number of frames per second - 24 to 48 For audio stream Format - Broadcast Wave (.bwf) Encoding step - 24 bits Amplification frequency - 48 to 96 kHz (Stereo) Number of channels - 2 (Stereo) Data transfer rate >= 128 Mbit/s

Minister for Culture Ž. Jaunzeme-Grende

 

Annex 3
Cabinet Regulation No. 749
6 November 2012

Application for Transfer of Records for Permanent State Retention before Expiry of the Time Period for Record Storage at the Institution

1. Name of the institution
1.1 legal address or actual address
1.2 registration number
1.3 phone number, fax, e-mail address
1.4 date* and number of the application
2. Substantiation of the necessity to transfer the records for State retention
3. Title and number of the group
4. Chronological limits of the records
5. Type and number of the record-keeping list
6. Number and numbers of storage units
7. Volume of electronic records

 

Head of the institution
		(position)		(signature*, given name, surname)

Note. * The details of the document "date" and "signature" shall not be completed if the electronic record has been prepared in accordance with the laws and regulations regarding the drawing up of electronic documents.

Minister for Culture Ž. Jaunzeme-Grende

 

Annex 4
Cabinet Regulation No. 749
6 November 2012

Application for Extending the Time Period for Record Storage

1. Name of the institution
1.1 legal address or actual address
1.2 registration number
1.3 phone number, fax, e-mail address
1.4 date* and number of the application
2. Substantiation of the necessity to extend the time period for record storage
3. Necessary extension of the storage period
3.1 title and number of the group
3.2 chronological limits of the records
3.3 type and number of the record-keeping list
3.4 number and numbers of storage units
3.5 volume of electronic records
3.6. date until which the extension of the storage period is required
4. Actual address where the records are stored
5. Official in charge of the Archives
Given name, surname, phone number, e-mail

 

Head of the institution
		(position)		(signature*, given name, surname)

Note. * The details of the document "date" and "signature" shall not be completed if the electronic record has been prepared in accordance with the laws and regulations regarding the drawing up of electronic documents.

Minister for Culture Ž. Jaunzeme-Grende

 

Annex 5
Cabinet Regulation No. 749
6 November 2012

(Form of the National Archives of Latvia)
PERMIT
for Extending the Time Period for Record Storage

	No._______
(date*)

 

Issued to
	(name of the institution)

 

(number and title of the group, sub-group)

 

The storage period at the institution is extended until
	(date)

 

for a total of		storage units (records).
	(in figures and words)

 

Appended: a list of storage units (records) on ___ pages for which the storage time period at the institution is extended.

Director of the National Archives of Latvia
	(signature*)		(given name, surname)

Note. * The details of the document "date" and "signature" shall not be completed if the electronic record has been prepared in accordance with the laws and regulations regarding the drawing up of electronic documents.

Minister for Culture Ž. Jaunzeme-Grende

 

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Translation © 2014 Valsts valodas centrs (State Language Centre)