Licensing and supervision of economic entities

DESCRIPTION OF THE PROCEDURE FOR PLANNED AND UNPLANNED INSPECTIONS OF HOLDERS OF DOCUMENT STORAGE SERVICE LICENSES

SECTION I

GENERAL PROVISIONS

1. The description of the procedure for planned and unplanned inspections of holders of document storage service licenses (hereinafter referred to as license holders) regulates the preparation of the plan for planned inspections of license holders, the procedure for conducting planned and unplanned inspections, and the requirements for presenting information about the inspections being conducted.

2. The planned and unplanned inspections of license holders' activities are conducted in accordance with the Law on Public Administration of the Republic of Lithuania, the Law on Documents and Archives of the Republic of Lithuania, the Description of the Licensing Procedure for Document Storage Services approved by the resolution No. 162 of the Government of the Republic of Lithuania on February 9, 2011, “On the Approval of the Description of the Licensing Procedure for Document Storage Services”, and this Description.

3. The terms used in this Description are understood as they are defined in the Law on Documents and Archives of the Republic of Lithuania and in the Rules for Document Storage approved by the order No. V-157 of the Chief Archivist of Lithuania on December 28, 2011, “On the Approval of the Rules for Document Storage”, and in the Rules for Document Management and Accounting approved by the order No. V-118 of the Chief Archivist of Lithuania on July 4, 2011, “On the Approval of the Rules for Document Management and Accounting”.

SECTION II

PROCEDURE FOR CONDUCTING INSPECTIONS

4. Inspections are conducted by employees of the Chief Archivist of Lithuania's office authorized by the Chief Archivist of Lithuania or, upon the assignment of the Chief Archivist of Lithuania, by the state archives (hereinafter referred to as inspectors).

5. Experts and other persons may be involved in conducting inspections if their specialized knowledge or other assistance is required.

6. During the inspections, the conditions of document storage are examined.

7. During the inspection, the license holder must provide the inspectors with all required data and documents related to compliance with the conditions for providing document storage services. If the license holder is a legal entity, documents confirming the work experience in the field of document storage service provision and/or document management of the legal entity's employee responsible for the licensed document storage service must also be presented during the inspection.

8. Inspections of document storage conditions are conducted on-site. After assessing the document storage conditions, an Act of Compliance Inspection for Licensed Document Storage Service Provision Conditions (Appendix 1) is compiled. The conditions of document storage are checked using the Control Questionnaire for Compliance with Licensed Document Storage Service Provision Conditions (Appendix 2).

9. License holders are informed about the results of the inspections in writing or electronically.

10. If the license holder disagrees with the results of the inspection or seeks to justify other circumstances that may affect the results of the inspection, he may submit comments or explanations regarding the data indicated in the inspection results in writing or electronically through the Integrated Administrative Services Information System, but no later than 5 working days from the date of receipt of the inspection results.

11. Planned inspections of license holders are conducted no less frequently than once every three years or upon the request of the license holder for an inspection.

12. Unplanned inspections of license holders may be conducted on the grounds established in Article 33 of the Law on Public Administration.

13. An unplanned inspection of a license holder's activities based on an anonymous complaint about the specific actions or inactions of a particular license holder is conducted only if there is a motivated decision by the Chief Archivist of Lithuania regarding the inspection of a specific anonymous complaint.

14. At the beginning of an unplanned activity inspection, the inspectors present a copy or an excerpt of the decision to conduct the unplanned inspection to the inspected license holder.

15. If a minor violation of document storage requirements, which can be immediately corrected in the presence of the inspector, is identified during the inspection, the measure of influence provided for in Article 18, Paragraph 10 of the Law on Documents and Archives of the Republic of Lithuania is not assigned. If the identified minor violation of document storage requirements cannot be corrected immediately, a period of 10 working days is set for the elimination of the violation, noting this in the remarks section of the inspection act. This period may be extended once. If the minor violation is not corrected within the specified period, the license holder is warned about the possible suspension of the license's validity.

A minor violation of document storage requirements is considered to be a violation of the laws regulating document storage conditions, which does not cause any damage to the documents stored by the license holder.

SECTION III

CREATION OF THE PLAN FOR PLANNED INSPECTIONS OF LICENSE HOLDERS

16. The plan for planned inspections of license holders is prepared for one year and approved by the order of the Chief Archivist of Lithuania no later than January 31 of the current year.

17. The inspection plan is prepared based on the following criteria:

17.1. The periodicity requirements for inspections of economic entities' activities established by the laws of the Republic of Lithuania or other legal acts;

17.2. Requests received from license holders to conduct an activity inspection;

17.3. The potential scale of impact of damage, should the license holder fail to ensure proper document storage conditions;

17.4. The nature of violations identified during previous inspections.

18. The inspection plan specifies the details of the license holders to be inspected and the dates of the inspections.

19. The inspection plan may be amended by the order of the Chief Archivist of Lithuania, but no later than 10 working days before the planned inspection of the license holder.

20. The license holder is informed in writing about the planned inspection no later than 10 working days in advance.

21. The approved inspection plan and its amendments are published on the website of the Chief Archivist of Lithuania's office within 3 working days, and the license holders included in the plan are informed individually no later than 3 working days after the approval or amendment of the inspection plan.

If you need to consult about the issuance of a license to provide document storage services, the installation and operation of document storage facilities, and the supervision of business entities, please write or call:

[email protected], +370 675 08 386;

[email protected], +370 649 74 708;

[email protected], +370 608 85 173.

You can also get a consultation on the Facebook account of the Lithuanian Chief Archivist Service. We also invite you to submit questions for consultation by clicking HERE