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LEGAL ACTS OF THE REPUBLIC OF LATVIA
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Republic of Latvia

Cabinet
Regulation No. 558
Adopted 4 September 2018

Procedures for Drawing up and Preparing Documents

Issued pursuant to
Section 8, Paragraph one of the Law
on Legal Force of Documents

1. General Provisions

1. This Regulation prescribes:

1.1. the requirements for drawing up and preparing original, derivative and duplicate of a document;

1.2. the documents falling within the system of administrative documents and the groups of documents forming this system;

1.3. the requirements to be complied with when drawing up and preparing documents included in the system of administrative documents.

2. The requirements referred to in Chapters 1, 2, 3, 4 and 5 of this Regulation shall apply to the documents which are created by any organisation or natural person. When drawing up and preparing administrative documents, the requirements referred to in Chapters 6 and 7 of this Regulation shall be additionally satisfied.

3. The requirements referred to in this Regulation shall be applied insofar as special requirements for drawing up and preparing certain types of documents have not been laid down in other laws and regulations. The requirements of this Regulation shall not apply to drawing up and preparing the documents referred to in Section 2, Paragraph three of the Law on Legal Force of Documents, and also to legal acts of the Saeima, Cabinet and Prime Minister.

4. A document shall be drawn up so that the legal force and informative function of the document, and also the possibility to create a derivative of the document, would be ensured during its entire storage period.

5. A document may not contain erasures, blockings, unstipulated corrections, crossed-out phrases or additions. Erroneous entries shall be crossed out and corrections shall be stipulated with the entry "Correction is true". A person who has made the correction shall certify with a personal signature the entry "Correction is true" and indicate his or her full name (initial of the given name and surname or the given name and surname) and the date of the correction.

6. If any of the requirements for drawing up or preparing the documents referred to in this Regulation cannot be technically applied in electronic documents, they shall not be applied.

7. Approval inscription or note on the approval of a document, inscription of document agreement or note on document agreement, endorsement and service notes of a document may be prepared electronically in the information system by ensuring unambiguous connection of the inscription, note or endorsement with the relevant document.

2. Details Influencing the Legal Force of a Document

2.1. Name of the Author of the Document

8. If the author of the document is an organisation, the full name of the respective organisation shall be provided in the document in conformity with the name indicated in the legal act governing its activity.

9. If the author of the document is a structural unit of the organisation, the name of the respective organisation and its structural unit shall be provided for in the document in conformity with the name indicated in the legal act governing the activity of the structural unit of the organisation.

10. If the author of the document is a collegial body of the organisation, the name of the respective organisation and its collegial body shall be indicated in the document in conformity with the name indicated in the legal act governing the activity of the collegial body.

11. If the author of the document is a person who is entitled to sign the document in his or her own behalf in accordance with the work duties, the full name of the respective organisation and position of the person shall be indicated in the document.

12. If the author of the document is a natural person, the given name and surname of the relevant person and data allowing unambiguous identification of the author of the document shall be indicated in the document.

13. The name of the author of the document shall be indicated in all copies of the document, including those which are kept by the author of the document.

2.2. Date of the Document

14. In the detail "date of the document", the date of signing the document shall be indicated (in minutes - the date when the relevant sitting, meeting or discussion on which the minutes are taken took place, in a deed - the date of the relevant activity indicated in the deed or the date of the last day of such activity). If the document has several authors, the date of the document shall be the date of the last signature.

15. If the date of the document is indicated:

15.1. in the form of text - year sequence number with Arabic numerals followed by the word "year", the day sequence number of the month with Arabic numerals and the name of the month shall be written in sequence;

15.2. in the form of numbers - it shall be written with Arabic numerals. The sequence number of the day of the month shall be indicated with two figures in the beginning, then followed by the sequence number of the month with two figures and the sequence number of the year with four figures. If the sequence number of the month or day is one-sign number, it shall be preceded by the figure "zero". Each group of figures shall be followed by a full stop.

2.3. Signature

16. Organisations, structural units or collegial bodies thereof shall include the following in the detail of the document "signature":

16.1. the full title of the position of the person signing the document which includes the name of the organisation, structural unit or collegial body thereof and title of the position. If the full name of the organisation, structural unit or collegial body thereof is included in the detail "the name of the author of the document", it need not be indicated in the title of the position;

16.2. the personal signature of the official;

16.3. transcript of the signature of the official.

17. A document of the organisation, its structural unit or collegial body shall be signed by the person the position of whom is referred to in the detail "signature". If the signature of any official is prepared in the document of the organisation, its structural unit or collegial body, but the document is actually signed by another official (performer of his or her duties), the note "p.o.d." shall be written under the title of the position of the official and transcription of the signature of the person who actually signs the document shall be indicated.

18. The personal signature of the relevant person shall be included in the detail "signature" of a document of a natural person. If the author of the document is an illiterate person or is not able to sign the document due to physical reasons and another person is signing the document instead of him or her, then the data which allow for clear identification of the person who actually signs the document shall be indicated in the document in addition to the information referred to in Section 5, Paragraph two of the Law on Legal Force of Documents.

19. In paper form, the document shall be drawn up so that the detail "signature" would be on the same page as the document text or at least a part (row) of the text. The signature shall be placed under the text of the document. If the document contains indication to appended documents, the signature shall be placed under such indication.

2.4. Addressee

20. The detail "addressee" shall contain the data which allow for clear identification of the addressee.

21. One document may be concurrently addressed to several addressees. If there are several addressees and they may be joined under one name which allows for clear identification of addressees, they need not be indicated separately.

22. If the document is addressed to several addressees and they all cannot be indicated in the area before the text of the document, the list of addresses shall be appended to the document. List of addressees shall include an indication to the principal document by mentioning the name of the author, date, the name of the document type, registration number, description of the text content or name of the document, and the indication "According to the appended list of addressees" shall be written in the detail "addressee" of the principal document.

3. Details which Influence Legal Force of a Document in the Cases Laid Down in Legal Acts

3.1. Name of the Place where the Document was Issued

23. In the name of the place where the document was issued the place of signing the document shall be indicated (in minutes - the place of occurrence of the relevant sitting, meeting or discussion on which the minutes are taken, in a deed - the place of occurrence of the relevant activity indicated in the deed or the place of occurrence of the last day of such activity). If the document has several authors, the place where the last signature is made shall be indicated as the name of the place where the document was issued.

24. The name of the place where the document was issued shall be indicated in conformity with the official name of the relevant administrative territory.

3.2. Seal Impress

25. A seal impress is an image made by a special item (cliche) which depicts the full name of an organisation, coat of arms, the emblem of the organisation, its registered trade mark or service mark, name of the structural unit or name of the activity for the certification of which the seal is used.

26. If required by a legal act, a seal impress shall be used in the following details:

26.1. signature;

26.2. approval inscription;

26.3. inscription of document agreement.

27. A seal impress shall be made so that it would not disturb perception of other information provided in the document. A seal impress shall be made so that it would be clearly legible.

28. A seal impress shall be made in a place which is marked with the note "the place for seal" on the document form. If such place is not indicated on the form, the seal impress shall be made so that it would touch the title of the position of the person signing the document within the detail "signature".

29. If a seal impress is made in the detail "approval inscription" or in the detail "inscription of document agreement", the seal shall be made so that it would touch the title of the position of the person making approval or agreement.

3.3. Approval Inscription of the Document or Notate on the Approval of a Document

30. A document shall be approved by:

30.1. an official of the organisation by signing on the document to be approved;

30.2. an official of the organisation by signing the relevant order document;

30.3. taking a decision in the meeting of the collegial body of the organisation.

31. A document approval shall be prepared:

31.1. with an approval inscription if the official signs on the document to be approved;

31.2. with a note on the approval of the document if the official has signed an order document by which the relevant document has been approved, or the collegial body has taken the decision to approve the relevant document in its sitting.

32. A collegial body shall approve a document in the sitting:

32.1. by taking a decision which is prepared as a separate document;

32.2. by taking a decision which is entered in the sitting minutes.

33. An approval inscription shall include:

33.1. the words "I approve";

33.2. the full title of the position of the official;

33.3. the personal signature of the official and transcription thereof;

33.4. the date of signing the approval inscription;

33.5. the seal impress (if it is provided for in the legal act).

34. If a document is approved with an order document, the note on the approval of the document shall contain:

34.1. the word "Approved";

34.2. full name of the author of the order document;

34.3. the date, of the order document, the document type name and number.

35. If a document is approved in the sitting of a collegial body by preparing a decision as a separate document or entering it in the minutes of the sitting, the note on the approval of the document shall include:

35.1. the word "Approved";

35.2. the full name of the collegial body;

35.3. the date of the document taken, the document type name and number or the date of the sitting of the collegial body and minutes number.

3.4. Registration Number of the Document

36. Registration number of the document is the number which is assigned to the document, when it is registered in the document register of the organisation.

37. The registration number of the document shall indicate at least the document sequence number within the framework of the calendar year unless it is otherwise provided for in laws and regulations. The designations to be used in the registration number of the document shall be determined by the respective organisation.

38. Before the registration number of the document the abbreviation "No." shall be used.

4. Drawing up and Preparing a Derivative of a Document

39. A derivative of a document is a document which completely or partly reproduces the original of the document. The derivative of a document shall be drawn up in the form of a transcript, extract or copy. The derivative of a document may be drawn up also from a transcript, extract or copy of the original document, provided that they have been developed and certified in accordance with the procedures laid down in laws and regulations.

40. A transcript of a document shall be drawn up by completely rewriting the information of the original document or by filling in a special form of transcript.

41. When drawing up a transcript of a document:

41.1. the word "Transcript" shall be written on the upper right corner of the first page of the transcript;

41.2. the entire text of the original and all details shall be rewritten;

41.3. all principal information of the original shall be rewritten, but explanatory information shall not be rewritten and graphic and other peculiarities of the original shall not be provided;

41.4. information shall be rewritten in the same order as it is provided in the original;

41.5. the mistakes made in the original shall not be corrected, and also the information contained in the document shall not be otherwise amended or supplemented;

41.6. only the clearly legible part of the text shall be rewritten, but the word "illegible" which is put in the brackets shall be written instead of illegible parts of the text (word, part of the word, phrases or paragraphs);

41.7. in the place where in the original there is a personal signature of the person, the word "signature" shall be written by putting it in the brackets;

41.8. in the place where in the original there is a seal impress, image of the coat of arms, organisation emblem, registered trade mark or service sign, the relevant word shall be written by putting it in the brackets, and, where necessary, indicating the text of the seal impress.

42. An extract of the document shall be drawn up by rewriting or copying a part of the original of the document which contains the necessary information or by filling in a special form of an extract.

43. When rewriting a part of the original of the document which contains the necessary information:

43.1. the word "Extract" shall be written on the upper right corner of the first page of the extract;

43.2. all details of the original shall be rewritten;

43.3. the necessary part of the document text shall be rewritten, and double dot shall be put instead of the part of the document text which was not rewritten;

43.4. the requirements referred to in Sub-paragraphs 41.4, 41.5, 41.6, 41.7 and 41.8 of this Regulation shall be complied with.

44. When copying a part of the original of the document which contains the necessary information:

44.1. the word "Extract" shall be written on the upper right corner of the first page of the extract;

44.2. all details of the original shall be copied.

45. A form for the respective document type prepared typographically or by other technical means shall be used for the special form of a transcript or extract in which the words "personal signature" and "seal" are written instead of the signature and seal impress.

46. When filling in the special form of a transcript or extract, the principal information of the document original which is included in the form shall not be rewritten.

47. A copy of the document shall be drawn up by acquiring a facsimile image of the original with all graphical and other peculiarities of the original document through copying or other technical means. When drawing up a copy of the electronic document in paper form, the document details which are not seen in the paper form shall be indicated right below the last detail of the document to be certified above certification inscription.

48. The word "Copy" shall be written on the upper right corner of the first page of the copy.

49. If a derivative of a document is certified by an organisation, the certification inscription shall contain:

49.1. the words "Transcript is correct", "Extract is correct" or "Copy is correct";

49.2. full title of the position of the official who certifies the derivative of a document (by including also full name of the organisation and, where necessary, also other data which enable to unmistakeably to identify a person), personal signature and transcription thereof;

49.3. the date of certification.

50. If a derivative of a document is certified by a natural person, the certification inscription shall contain:

50.1. the words "Transcript is true", "Extract is true" or "Copy is true";

50.2. the personal signature and its transcription;

50.3. the personal identity number;

50.4. the date of certification.

51. When preparing an aggregate of derivatives of documents, the requirements referred to in Paragraphs 49 and 50 of this Regulation shall be taken into account. On the certification inscription of aggregate of derivatives of documents the words "The aggregate of derivatives of documents is true" shall be written instead of the words referred to in Sub-paragraph 49.1 and 50.1 of this Regulation. The certification inscription shall be placed at the end of the last page of the aggregate of derivatives of documents right below the last detail of the document to be certified.

52. The certification inscription referred to in Paragraphs 49 and 50 of this Regulation shall be placed at the end of the document right below the last detail of the document to be certified.

53. If at the end of the document or at the end of the last page of the aggregate of derivatives of documents there is no place right below the last detail of the document to be certified, the certification inscription may be placed:

53.1. in the free place of the signature area of the document;

53.2. on a separate page which is appended to the document or aggregate of derivatives of documents to be certified and added to the total number of pages.

54. In the cases laid down in laws and regulations, the organisation shall indicate the file of the organisation or archives where the original of the document from which the derivative of the document has been drawn up is located in the derivative of the document or aggregate of derivatives of documents below the certification inscription.

55. If the derivative of a document is on several pages, before certifying its accuracy all the pages of the derivative of the document shall be numbered with Arabic numerals starting from the first page, and one of the following actions shall be taken:

55.1. each page shall be signed and transcription of the signature shall be indicated (this Sub-paragraph shall not be applied to the documents which are legalised for use in foreign institutions);

55.2. all pages shall be sewn through with a sewing thread or bound with a string.

56. In the case referred to in Sub-paragraph 55.1 of this Regulation, the following requirements shall be satisfied:

56.1. on the other side of the last page of the derivative of a document the certification text "Numbered and signed X (XX) pages" shall be placed by indicating the corresponding number of pages with figures at the place of "X" sign, but at the place of "XX" sign - with words;

56.2. the text referred to in Sub-paragraph 56.1 of this Regulation shall be certified with a personal signature by the person who numbered and signed the pages of the derivative (indicate transcription of the signature and add the data which allow for clear identification of such person), and also indicate the date when the certification has been made.

57. In the case referred to in Sub-paragraph 55.2 of this Regulation, the following requirements shall be satisfied:

57.1. the ends of the sewing thread or lacing shall be tied up in knot;

57.2. the knot shall be glued with a sticker on the other side of the last page of the derivative of the document in a blank area;

57.3. in a blank area on the other side of the last page of the derivative of a document or on the paper sticker with which the knot of sewing thread or lacing is attached to the page, the certification text "Numbered and sewn through (bound with a string) X (XX) pages" shall be placed by indicating the corresponding number of pages with figures at the place of "X" sign, but at the place of "XX" sign - with words;

57.4. the certification text referred to in Sub-paragraph 57.3 of this Regulation shall be certified with a personal signature by the person who numbered and sewn through (bound with a string) the pages of the derivative (indicate transcription of the signature and add the data which allow for clear identification of such person), and also indicate the date when the certification has been made;

57.5. the signature referred to in Sub-paragraph 57.4 of this Regulation shall be placed so that it would be located on both the last page of the derivative of the document and paper sticker with which the knot of sewing thread or lacing is attached to the page.

58. When drawing up an aggregate of derivatives of documents, documents shall be numbered and signed (shall not apply to documents which are legalised for use in foreign institutions) or all the pages shall be numbered and sewn through (bound with a string) altogether.

59. In an organisation, the accuracy of the derivative of a document or aggregate of derivatives of documents shall be certified by the head of the organisation, other official who is entitled to represent the organisation, or a person authorised by such persons.

5. Drawing up and Preparing Duplicate of a Document

60. A duplicate of a document shall be drawn up if the original of the document which has been prepared in one copy has been lost, stolen, destroyed or damaged.

61. The author of the document shall ensure record of the duplicates of the document.

62. The word "Duplicate" shall be written on the upper right corner of the first page of the duplicate.

63. Drawing up a duplicate by rewriting the information of the original of the damaged document shall not be permissible. If the original of the document is damaged, the author of the document shall destroy it and issue the relevant deed thereon.

6. System of Administrative Documents

64. The system of administrative documents is an aggregate of documents which determine the status of the organisation or procedures for its activity, the procedures for the performance of the measure, registers or compiles the facts related to the activity of the organisation, performance of the measure and activity of a natural person, transfers information to other persons, and also organises co-operation of the subjects governed by public law with other subjects governed by public law or private persons.

65. The following groups of documents are comprised in the system of administrative documents:

65.1. organisational documents;

65.2. order documents;

65.3. contracts governed by private and public law;

65.4. personnel documents;

65.5. correspondence documents (correspondence);

65.6. documents recording the facts.

66. Organisational documents determine the status of the relevant organisation (structural units or collegial body thereof) or the procedures for the performance of the measure, the competence of administrative authorities, the decision making procedures, obligations, rights and responsibility.

67. Individual or collegial management of the organisation or measure is performed by an order document.

68. Contracts governed by private law are mutual agreements on the establishment, amendment or termination of any legal relations that subjects governed by private law enter into with other subjects governed by private law in accordance with the procedures laid down in the Civil Law. Contracts governed by public law are agreements that the subjects governed by public law enter into with other subjects of public law or private persons in the field of State administration in accordance with the procedures laid down in the State Administration Structure Law in order to ensure efficient performance of the State administrative functions.

69. Through the use of personnel documents, the organisation shall conduct and draw up work or service relations with its employees or officials.

70. Through the use of correspondence documents (correspondence) the information shall be transferred to an addressee - organisation, its structural unit, collegial body or natural person.

71. The documents recording the facts are documents in which the data on the activity of organisation or facts are presented and which are not included in other groups of administrative documents.

7. Preparing an Administrative Document

72. An administrative document has the following components:

72.1. text of the document;

72.2. details;

72.3. service notes.

73. An administrative document may contain the following details:

73.1. the image of the coat of arms, organisation emblem, registered trade mark or service mark;

73.2. the name of the author of the document;

73.3. the registration number of the organisation;

73.4. the legal address of the author of the document;

73.5. the actual address of the author of the document;

73.6. the indication to the communication facility (facilities) of the author of the document;

73.7. the indication of restriction on the use of the document;

73.8. the name of the type of the document;

73.9. the name of the place where the document was issued;

73.10. the date of the document;

73.11.the registration number of the document.

73.12. the date of the received document in the reply document;

73.13. the registration number on the received document in the reply document;

73.14. an approval inscription of the document or a note on the approval of the document;

73.15. the addressee;

73.16. text content exposition;

73.17. the indication and inscription of annex to the text;

73.18. the indication to appended documents;

73.19. the signature;

73.20. the seal impress;

73.21. the indication of the person drawing up the document and his or her communication facility (facilities);

73.22. the endorsement;

73.23. inscription of document agreement or note on document agreement.

74. In order for the administrative document (except for the documents the author of which is a natural person) to have legal force, it shall include the document registration number in conformity with Sub-chapter 3.4 of this Regulation in addition to the details referred to in Section 4, Paragraph one of the Law on Legal Force of Documents.

7.1. Preparing an Endorsement of a Document

75. Document agreement within an organisation shall be approved with an endorsement before signing the document.

76. If the document will be sent outside the organisation, endorsement shall be put only on that copy which remains with the author of the document. If the document remains in a file of the organisation, endorsement shall be put on the first copy of the document.

77. An endorsement shall contain:

77.1. the personal signature of the person providing endorsement and its transcription;

77.2. the date when the endorsement has been provided on the document.

78. If the person providing endorsement has objections against the draft document or additions, they shall be written next to the endorsement, but if they cannot be placed on the document to be provided with endorsement, objections or additions shall be written on a separate sheet of paper.

7.2. Preparing an Inscription of Document Agreement or Note on Document Agreement

79. If the laws and regulations provide for the agreement on the document with another organisation, the inscription of document agreement or note on document agreement shall be prepared in the document. The document agreement shall be prepared:

79.1. with an inscription of document agreement if the official signs on the document to be agreed;

79.2. with a note on document agreement if the official has signed order document by which the respective document has been agreed, or if the collegial body has taken the decision to agree on the relevant document in its sitting.

80. The inscription of document agreement or note on document agreement shall be written on all copies of the document.

81. The inscription of document agreement or note on document agreement shall be prepared so that they would be on the same page as the detail "signature". If the document is agreed with several organisations and all inscriptions of document agreement or notes on document agreement cannot be placed on the same page as the detail "signature", the inscription of document agreement or note on document agreement shall be prepared on a separate sheet of document agreement in which the indication to the principal document shall be included. In such case the indication "Sheet of document agreement" shall be written on the principal document.

82. Note on document agreement shall include:

82.1. the words "Agreed";

82.2. the full title of the position of the official (by including the full name of the relevant organisation);

82.3. the personal signature of the official and its transcription;

82.4. the date of document agreement;

82.5. the seal impress (if it is provided for in a legal act).

83. If a document is agreed upon in a sitting of the collegial body by preparing the document agreement as a separate document or entering it in the minutes of the sitting, the note on the document agreement shall contain:

83.1. the word "Agreed";

83.2. the full name of the collegial body;

83.3. the date of the approved document, the document type name and number or the date of the sitting of the collegial body and minutes number.

7.3. Service Notes of a Document

84. Service notes shall be made during the process of receiving or enforcing a document. An administrative document may contain the following service notes:

84.1. the note on the receipt of the document or notate on the receipt and registration of the document;

84.2. a resolution;

84.3. the note on document control;

84.4. the note on becoming familiar with the content of the document;

84.5. the note on document enforcement;

84.6. the note on entering data in the information system.

8. Closing Provision

85. Cabinet Regulation No. 916 of 28 September 2010, Procedures for Drawing up and Preparing Documents (Latvijas Vēstnesis, 2010, No. 163; 2017, No. 36), is repealed.

Prime Minister Māris Kučinskis

Minister for Justice Dzintars Rasnačs


Translation © 2019 Valsts valodas centrs (State Language Centre)

 
Document information
Status:
In force
in force
Issuer: Cabinet of Ministers Type: regulation Document number: 558Adoption: 04.09.2018.Entry into force: 07.09.2018.Publication: Latvijas Vēstnesis, 177, 06.09.2018. OP number: 2018/177.3
Language:
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