Vietnamese Law on Private Archives During the National Renewal Period (1986 - 2025)

Abstract

This article presents the results of a study on the formation and development of Vietnamese law governing private archives and private archival materials during the national renewal (Đổi mới) period from 1986 to 2025, situated within the broader context of changing state perceptions and the demands of international integration. In Vietnam, from the late twentieth century, private archives gradually emerged as a subject of scholarly attention; however, the early legal framework remained largely focused on records from the public sector. Legal instruments such as the 1982 Ordinance on the Protection of National Archival Materials and the 2001 Ordinance on Archives recognized private archives as an independent legal category, yet related regulations primarily emphasized registration, guidance, or protection of archival materials deemed to be of “special value” held by individuals, families, and lineages. A major turning point was marked by the 2011 Law on Archives, which for the first time formally acknowledged ownership rights and rights of disposition over private archival materials, while establishing mechanisms for registration, donation, and deposit in state archival institutions. This process of legal refinement was further consolidated in the 2024 Law on Archives (effective from 1 July 2025), which provides a clear definition of “private archives” and devotes an entire chapter to regulating this field. This new approach reflects a more open and objective legal mindset, expanding the regulatory scope from the public sector to include the private sector, thereby ensuring equality, respecting ownership rights, and encouraging the use and promotion of the value of private archival materials. Employing historical and logical methods alongside an interdisciplinary approach, the study elucidates the transformation in Vietnam’s legal perception from viewing private archives merely as a supplementary element to recognizing them as an integral component of the national archival system. The current legal framework not only establishes safeguards and mechanisms for enhancing the value of private archival materials but also promotes scientific research, fosters international cooperation, and meets the requirements of integration in the new development stage.