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RESOLUTION OF THE MINISTRY OF JUSTICE OF THE REPUBLIC OF BELARUS

of January 19, 2009 No. 4

About approval of the Instruction on clerical work in state bodies, other organizations

(as amended on 13-03-2019)

Based on part one of article 26 of the Law of the Republic of Belarus of November 25, 2011 No. 323-Z "About archiving and clerical work in the Republic of Belarus" and the paragraph of the twentieth subitem 6.30 of Item 6 of the Regulations on the Ministry of Justice of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of October 31, 2001 No. 1605, the Ministry of Justice of the Republic of Belarus DECIDES:

1. Approve the Instruction on clerical work in state bodies, other organizations it (is applied).

2. Declare invalid the order of Committee on archives and clerical work of the Republic of Belarus of May 23, 1995 No. 13 "About approval of the Approximate instruction on clerical work in the ministries, the State Committees and other central governing bodies, organizations, the organizations and at the companies of the Republic of Belarus" (The bulletin of normative legal information, 1995, No. 11).

3. This resolution becomes effective in ten days after its official publication.

Minister

V. G. Golovanov

Approved by the Resolution of the Ministry of Justice of the Republic of Belarus of January 19, 2009 No. 4

The instruction on clerical work in state bodies, other organizations

Chapter 1. General provisions

1. This Instruction establishes general requirements to documentation of management activity and the organization of work with documents in state bodies, other organizations irrespective of pattern of ownership and legal form (further – the organizations).

2. No. 39 is excluded according to the Resolution of the Ministry of Justice of the Republic of Belarus of 13.03.2019

3. Provisions of this Instruction extend to organizational and administrative documentation irrespective of type of the carrier and establish the rules of preparation, the registration, accounting, replication, control of execution, operational storage, use and preparations for transfer to archive performed by means of manual, mechanized and the automated (computer) technologies.

Features of preparation and execution of projects of regulatory legal acts are determined by the Law of the Republic of Belarus of July 17, 2018 No. 130-Z "About regulatory legal acts".

Features of registration, processing and document storage in electronic form, except for the documents specified in part four of this Item are regulated by Chapter 18 of this Instruction.

Features of preparation, registration, processing, ensuring integrity, storage of the electronic documents created by means of the automated system of documentary ensuring management (further – the EXPERT of preschool educational institution) without creation of documents on papers, electronic copies of documents on papers are regulated by the Instruction about operating procedure with electronic documents in state bodies, other organizations approved by the resolution of the Ministry of Justice of the Republic of Belarus of February 6, 2019 No. 19.

Features of preparation, the registration and (or) processing, document storage containing the state secrets and other information protected by the legislation, the addresses of citizens, including individual entrepreneurs, and the legal entities and documents connected with their consideration, statements of the interested persons addressing for implementation of ministerial procedure and other documents connected with implementation of ministerial procedures are regulated by acts of the legislation.

Provisions of this Instruction extend to the organization of work with the documents which are not relating to system of organizational and administrative documentation (planned, reporting and statistical, settlement and cash and other systems of documentation), irrespective of carrier type, including their registration, accounting, the execution control, storage including performed by means of the automated (computer) technologies.

4. The organization and record keeping in the organizations are performed on the basis of independently developed instructions on clerical work according to requirements of this Instruction.

Superior organizations for the subordinate organizations, uniform in nature of activities, develop the instructions on clerical work establishing standard or approximate nature of the organization of clerical work, used in case of development of instructions on clerical work of these organizations.

The instruction on clerical work having standard nature establishes single procedure for the organization of clerical work in all uniform organizations.

The instruction on clerical work having approximate nature establishes the procedure for the organization of clerical work in the uniform organizations providing possibility of its specification in instructions on clerical work of the organizations in the framework established by it.

The instructions on clerical work having standard or approximate nature are obligatory for application.

5. Instructions on clerical work of the organizations which are sources of completing of the Public Records Offices affirm their heads after coordination with the relevant public archival institution or structural division on archives and clerical work regional (The Minsk city) executive committees. The instructions on clerical work regulating rules of work with electronic documents and documents in electronic form affirm heads of the organizations after coordination with the relevant public archival institution or structural division for archives and clerical work of head departments of justice regional (The Minsk city) executive committees and public institution "The Belarusian research center of electronic documentation.

Instructions on clerical work of the organizations which are not sources of completing of the Public Records Offices affirm their heads after coordination with superior organizations (in case of their availability).

The instructions on clerical work having standard or approximate nature, developed by the republican state bodies, other state organizations subordinated to the Government of the Republic of Belarus affirm their heads after coordination with the Central commission of experts (further - TsEK) relevant organ of management (organization) and republican state body as the sphere of archiving and clerical work.

The instructions on clerical work having standard or approximate nature, developed by the organizations which are sources of completing of the Public Records Offices affirm their heads after coordination with TsEK of these organizations and the relevant Public Records Offices.

The instructions on clerical work having standard or approximate nature, developed by other organizations affirm their heads after coordination with TsEK of these organizations.

6. The organization and enhancement of system of documentary ensuring management in the organizations, control of observance of statutory rules of work with documents, methodical management with documents and training of workers in bases of clerical work, implementation and use of modern information technologies in work with documents are assigned to service of documentary ensuring management (further - service of preschool educational institution).

The name of service of preschool educational institution (administration, the secretariat, general department, office, etc.), its structure, tasks, functions are established according to regulations on it depending on amount of document flow, the carried-out functions, availability of means of computer and organizational facilities, etc.

The service of preschool educational institution can consist of several divisions. Tasks, functions, operating procedure of divisions of service of preschool educational institution are regulated by regulations on them.

In case of small amount of document flow the service of preschool educational institution can not be created. In this case accomplishment of its functions is assigned to the head of the organization of the worker (employee group) who is specially appointed by the order.

The rights, obligations and responsibility of the workers participating in office work servicing of the organization are determined by their job descriptions.

7. Responsibility for the organization of clerical work, observance of statutory rules and operating procedure with documents in the organizations, their safety are assigned to the head of the organization. When changing the head of the organization the delivery-acceptance certificate of documents and cases is drawn up.

Responsibility for the organization of clerical work, observance of statutory rules and operating procedure with documents in structural divisions of the organization, their safety are assigned to heads of these divisions. The order of the head of the organization appoints the worker responsible for record keeping who exercises in structural division accounting and control of passing of documents at the scheduled time, informs the head of the structural unit on condition of their execution, etc.

Employees of the organization shall be acquainted with established procedure of work with documents in the organization.

Employees of the organization bear the personal responsibility for fulfillment of requirements of the instruction on clerical work, safety of the in-house documents which are at them. About loss of documents it is immediately reported to the division manager and in service of preschool educational institution.

When translating, moving or dismissal of the worker the documents which are available for it and the cases are submitted according to the decision of the head of the organization or relevant structural division to other worker under the delivery-acceptance certificate of documents and cases.

8. Control of clerical work condition in the organizations is exercised by bodies of archiving and clerical work, the public archival institutions and superior organizations.

Chapter 2. Documentation of management activity

9. Documentation of management activity consists in creation of managerial documents - fixings on material carriers of managerial actions on statutory rules. Documentation of management activity can be performed as hand-written method, and by means of technical means. Managerial documents can be fixed both on paper, and on the electronic medium (documents in electronic form, including electronic documents).

Documents in electronic form can be applied in all fields of activity where the program, program and technical and technical means necessary for creation, processings, storages, transfer and acceptance of information in electronic form are used.

Requirements to documents in electronic form extend to electronic documents if other is not stipulated by the legislation about electronic documents and the digital signature.

The part four is excluded.

The part five is excluded.

The part six is excluded.

The part seven is excluded.

The part eight is excluded.

The structure of the documents which are formed in organization activity is determined by its competence, circle of managerial functions, procedure for permission of questions (individual or joint), amount and nature of interrelations between the organizations of one or various levels of management, etc.

Legal ground of creation of organizational and administrative documents in organization activity are:

acts of the legislation;

decisions of the courts;

instructions of state bodies and officials;

orders of superior organizations;

implementation of executive and organizational and administrative activities for the purpose of accomplishment by the organization of the functions and tasks assigned to it according to its competence.

10. The organizations are given the right to accept (to publish) only those administrative documents (orders, orders, instructions, resolutions, decisions) which are stipulated by the legislation, charters or regulations on them.

11. Joint administrative documents of the organizations publishing identical document types are published in the corresponding type. Joint administrative documents of the organizations publishing different types of documents are accepted in the form of the decision which has the legal force of the administrative document for each organization which accepted this document.

12. The course of discussion of questions at meetings, meetings, meetings, conferences, business meetings (further - meetings) is fixed in protocols.

The decisions made at meeting of the collegiate organ having consultative functions, as a rule, are put into practice by the order (order) of the head of the organization or way of approval of the minutes by the head of the organization.

13. The organizations correspond with higher, subordinate (being part, system), third parties, citizens, including individual entrepreneurs, for the purpose of accomplishment of the tasks set for them and realization of the functions assigned to them.

Correspondence between structural divisions of the organization, except for territorially remote divisions, is forbidden.

14. The organizations based on the regulatory legal acts determining their tasks and functions publish (constitute) also plans, reports, reports, references, acts and other managerial documents.

15. The right of the edition (acceptance) of documents, their signings, approval, coordination (vising) is fixed in provisions and charters of the organizations, regulations on structural divisions, job descriptions to workers and other local legal acts of the organization.

16. Preparation of the document includes creation and execution of the draft document, its signing, if necessary - coordination (vising), approval.

By preparation and document creation it is necessary to follow the rules providing legal force of the document, operational and their high-quality execution and search.

17. Develop the unified document forms (daleeufd) representing set of the details established according to the tasks solved in this field of activity and located on the data carrier in certain procedure for reducing number of the applied document forms of the organization.

UFD join in "The sheet of the unified document forms of the organization" - the list of the document forms necessary allowed for use and functions, sufficient for realization, and tasks of management activity with reflection of the main stages of their preparation and passing (further if other is not determined, – the sheet).

The sheet affirms the head of the organization. Development, maintaining the sheet and control of its application are performed by service of preschool educational institution.

The sheet is developed taking into account specifics of organization activity and specific problems which are solved in case of development of the sheet in form according to appendix 1. If necessary the sheet can be added with the columns "Form Code on the Qualifier", "Addressee", "Responsible for Execution Control", etc.

In case of development of the sheet the details "Name of the Organization", "Name of Document Type", "Document date", "Registration Index", "Place of Creation or Edition" and "Heading to the Text" are located and drawn up according to requirements of Items 35, of 41, 45-47, 49 and 54 of this Instruction.

Documents in the sheet can be systematized on structural divisions and (or) on functions and tasks of management.

18. Giving to the document of legal force requires availability of the following obligatory details:

name of the organization and (or) structural division of the author;

document date;

registration index;

signature.

For separate document types the additional details giving them legal force are the approval signature stamp, seal, mark about assurance of the copy.

It can not be sealed by the organizations which according to legal acts have the right not to use seals, except as specified, provided by international treaties of the Republic of Belarus.

19. Documents shall be processed on forms and have the established complex of obligatory details and stable procedure for their arrangement.

Documents in electronic form are processed according to the procedure, stipulated in Item the 220th this Instruction.

Separate documents (internal documents of structural divisions, joint documents, etc.) are allowed to be drawn up not on forms, but with obligatory reproduction of the corresponding details.

In case of execution of letters, references and other reference documents it is allowed to use angular stamp of the organization.

In case of hand-written document creation the structure and arrangement of details shall correspond to structure and arrangement of details of the documents processed by means of technical means.

20. Each document sheet shall have fields:

left - 30 mm;

right - at least 8 mm;

upper and lower - at least 20 mm.

Fields with the specified characteristics shall be displayed in case of conclusion of the document in electronic form to the device of display and to paper.

Chapter 3. Forms of documents. Angular stamp

21. The form of the document - the standard sheet of paper with the permanent information of the document reproduced on it and the place allocated for variable.

22. On forms only the first page of the document is made, for production of the subsequent pages standard clean sheets of paper are used.

23. Two types of the forms developed according to state standard of the Republic of Belarus STB 6.38-2016 "The unified systems of documentation of the Republic of Belarus are established. System of organizational and administrative documentation. Requirements to document creation", the approved resolution of the State committee on standardization of the Republic of Belarus of October 26, 2016 No. 83 (further - STB 6.38-2016): the form for the letter and the general form.

In case of production of the specific document the name of its type (except the letter) is applied on the general form by means of technical means.

Based on the general form forms for specific document types can be made (orders, orders, instructions, protocols, etc.). Production of forms for specific document types is reasonable if their amount exceeds 200 documents a year.

24. In case of development of forms of documents standard sheets of paper of the A4 formats (210 x 297 mm) and A5 (148 x 210 mm) are used.

The choice of format of the form in case of production of the document depends on nature and amount of the text. The form of the A5 format is used for the documents having no more than five-seven lines of the text.

25. Details are applied on the form for the letter:

State Emblem of the Republic of Belarus;

emblem of the organization or trademark (service mark);

organization code;

name of superior organization;

name of the organization;

name of structural division;

postal address of the sender;

communication and commercial data.

Restrictive marks and lines for details are applied on the form for the letter: document date, registration index, reference to registration index and incoming document date.

26. Details are applied on the general form:

State Emblem of the Republic of Belarus;

emblem of the organization or trademark (service mark);

organization code;

name of superior organization;

name of the organization;

name of structural division;

place of creation or edition.

Restrictive marks and lines for details are applied on the general form: document date, registration index.

For registration of the detail "Name of Document Type" on the general form the empty seat between the details "Name of the Organization" ("The name of structural division") and limiting lines for the details "Document Date" and "Registration Index" is taken away.

27. Forms of documents are developed on the basis of longitudinal or angular option of arrangement of details.

In case of angular option details of the form are located in the upper left corner. The maximum length of line of details of the form shall not exceed 73 mm.

In case of longitudinal option details of the form are located in the middle of leaf along the upper field without restriction of the sizes across, but with observance of the established sizes of fields.

28. Details of the form are located by the centered or flag method.

In case of the centered method the beginning and the end of every line of detail are centered, that is are equidistanted from borders of zone of arrangement of details.

In case of flag method every line of detail begins from the left border of zone of arrangement of details.

29. If necessary restrictive marks for fields and separate details in the form of angle-pieces and lines can be applied on the form. It is allowed to apply on the form of mark for folding and punched hole of openings with puncher.

30. During creation of the form in several languages details of the form shall be duplicated in these languages.

In all organizations irrespective of pattern of ownership the form for the letter is made with longitudinal arrangement of details in two languages.

The part three is excluded.

31. Features of production and use of forms of documents with the image of the State Emblem of the Republic of Belarus are regulated by acts of the legislation.

32. The angular stamp is put down in the left upper part of the first document sheet.

It is allowed to make angular stamp of three types: for the letter, general angular stamp and angular stamp for specific document type.

33. The structure of details of angular stamp, procedure for their placement and registration shall correspond to structure, procedure for placement and registration of details of the form.

34. The size of angular stamp shall not exceed 73 mm across and 75 mm (for stamps with the image of the State Emblem of the Republic of Belarus or emblem) or 55 mm (for stamps without image of the State Emblem of the Republic of Belarus or emblem) down.

Chapter 4. Registration of details of documents

35. By preparation and document creation details which structure and procedure for arrangement is established by STB 6.38-2016 are used.

36. Detail "State Emblem of the Republic of Belarus".

The image of the State Emblem of the Republic of Belarus is located on forms of documents and angular stamps of state bodies and other state organizations. The non-state organizations place the image of the State Emblem of the Republic of Belarus on forms of documents and angular stamps if such right is granted to them according to legal acts.

The image of the State Emblem of the Republic of Belarus on forms is located in the center of the upper field. Diameter of the image - no more than 17 mm.

37. Detail "Emblem of the Organization or Trademark (Service Mark)".

The emblem of the organization or trademark (service mark) registered in the procedure established by the law at the discretion of the organization is located on forms on the left field at the level of the detail "Name of the Organization" ("The name of superior organization") if in the center of the upper field the image of the State Emblem of the Republic of Belarus is placed.

On forms of documents without image of the State Emblem of the Republic of Belarus the emblem or the trademark (service mark) is located on the upper field of the form. In case of longitudinal arrangement of details the emblem or the trademark (service mark) of the organization is located in the center of the upper field of the form, in case of angular - over the middle of line of the detail "Name of the Organization" ("The name of superior organization").

38. Detail "Organization code".

The organization code is put down on the upper field on the right on the first document sheet.

State bodies put down code on the nation-wide qualifier of the Republic of Belarus to OKRB 004-2014 "State governing bodies" approved by the resolution of the State committee on standardization of the Republic of Belarus of December 30, 2014 No. 60 (further - the All-Russian Classifier of Governmental Authorities). Other organizations put down code on the nation-wide qualifier of the Republic of Belarus to OKRB 018-2003 "Legal entities and individual entrepreneurs" approved by the resolution of Committee on standardization, metrology and certification under Council of Ministers of the Republic of Belarus of April 28, 2003 No. 22 (further - OKYuLP).

Need of putting down of code on forms is determined by the All-Russian Classifier of Governmental Authorities or OKYuLP by the organization.

39. Detail "Document Code".

The code of the document is put down on the upper field under organization code on the right.

In case of creation of specific documents the code is put down on those from them which unified forms are included in the nation-wide qualifier of the Republic of Belarus by OKRB 010-95 "The unified documents", No. 10 approved by the resolution of Committee on standardization, metrology and certification of the Ministry of Education and Science of the Republic of Belarus of September 29, 1995 (further - OKUD).

In need of the organization can independently develop the unified document forms not developed at the nation-wide level, to perform coding of these forms with the subsequent inclusion them in local qualifiers and to use developed codes of the unified documents in case of registration of the detail "Document Code".

Need of putting down of code of the document is determined by the organization.

40. Detail "Name of Superior Organization".

In the presence of superior organization on documents its full official name enshrined in the charter of superior organization or regulations on it is specified.

The name of superior organization is specified on all organizational and administrative documents, except for internal directory documents (references, reports, statements, representations, etc.).

41. Detail "Name of the Organization".

The name of the organization designates the author of the document which the legal entity who created the document is.

The name of the organization is specified in strict accordance with the charter, regulations on it. The abbreviated name of the organization can be specified when it is enshrined in constituent documents of the organization. The abbreviated name is located below complete and is bracketed.

The document prepared jointly by two and more organizations is drawn up on the blank standard sheet of paper. Names of the organizations are located according to their full official names in the upper part of the document at one level.

For example:

Ministry of Finance

Republic of Belarus

Ministry of taxes

and to charges of the Republic of Belarus

By systematic preparation of joint documents the corresponding form with indication of names of the organizations creating the document including in one language can be made.

42. Detail "Name of Structural Division".

The name of structural division is specified on the document if the document is published (is constituted) on behalf of this division.

43. Detail "Postal Address of the Sender".

The postal address of the sender is drawn up according to the existing rules of rendering services of mail service.

For example:

st. of Kropotkin, 55, 220002, Minsk

44. Detail "Communication and Commercial Data".

Communication data (the cable address, phone numbers, the telefax, including code of automatic domestic long distance (international) telephone communication, the official e-mail address) are located below the postal address of the sender. Groups of figures in phone numbers are not divided by hyphen or other punctuation marks. Other data are specified at the discretion of the organization.

Commercial data include number of the settlement account, the bank name and so on are located below communication data.

45. Detail "Name of Document Type".

The name of document type is determined by its appointment and shall correspond to competence of the organization, content of the documented managerial action, and also the sheet. On letters the name of document type is not specified.

The name of document type is printed by capital letters without discharge.

When using general forms with longitudinal arrangement of details in two languages the name of the document is printed in two languages.

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