Chương V Luật Giao dịch điện tử 2023: Giao dịch điện tử của cơ quan nhà nước

Chapter V

E-TRANSACTIONS OF REGULATORY AGENCIES

Article 39. Types of e-transactions of regulatory agencies

1. E-transactions within a regulatory agency.

2. E-transactions among different regulatory agencies.

3. E-transactions between regulatory agencies and other agencies, organizations and individuals.

Article 40. Management of data and common databases

1. Data in regulatory agencies shall be uniformly and hierarchically organized according to regulatory agencies’ responsibility for management to improve e-transactions; shared to serve the operation of regulatory agencies, people and enterprises according to regulations of law.

2. Common databases in a regulatory agency shall include national databases, databases of Ministries, central and local authorities.

3. Management of national databases shall be as follows:

a) National databases containing master data shall be used for reference and synchronization between databases of Ministries, central and local authorities.

b) Master data in national databases can be officially used and have the same legal value as that of printed documents provided by competent authorities, unless otherwise provided for by law;

c) Data in national databases shall be shared with Ministries, central and local authorities to handle administrative procedures, reform administrative procedures, simplify administrative procedures for people, enterprises and targets for socio-economic development;

d) The Prime Minister shall approve the list of national databases. The list of national databases shall include names of national databases, targets for establishment of national databases, coverage of national databases, information on master data of national databases stored and shared, users and uses, information created and updated on national databases, methods of sharing data from national databases;

dd) The Government shall provide regulations on establishment, update, maintenance and use of national databases; regulations on sharing national databases with databases of other agencies of the State.

4. Management of databases of Ministries, central and local authorities shall be as follows:

a) Databases of Ministries, central and local authorities are common information collections of Ministries, central and local authorities;

b) Master data in databases of Ministries, central and local authorities shall be officially used with the legal value equivalent to that of printed documents provided by Ministries, central and local authorities, unless otherwise provided for by law;

c) Ministries, ministerial agencies and agencies affiliated to the Government and the Provincial People’s Committees shall provide regulations on the list of databases; regulations on establishment, update, maintenance and use of their databases. The list of databases of Ministries, central and local authorities shall include names of databases; description of uses, coverage and contents of each database; how data is collected and updated and sources of data collection of each database; list of items of databases including open data and shared data.

5. The State shall cover part or whole of costs for construction and maintenance of national databases, databases of Ministries, central and local authorities and other agencies of the State.

Article 41. Data creation and collection

1. The first priority shall be given to data creation, collection and digital data development in order to develop digital government, digital transformation in operation of regulatory agencies.

2. The creation of data in databases of regulatory agencies requires the uniform use of a common code list issued by competent regulatory agencies, matching with master data in national databases.

3. Regulatory agencies shall not be entitled to collect and organize re-collection of data or require organizations and individuals to provide data that such agencies has being managed or such data is connected and shared by other regulatory agencies, unless data provision is required for data update or verification or such data fails to meet quality requirements according to technical standards and regulations or law requires otherwise.

4. The Ministry of Information and Communications shall consolidate and disclose lists of data providers, list of provided data and the common code list for agencies, organizations and individuals to look up and use.

Article 42. Data connection and share

1. Regulatory agencies shall be responsible for ensuring the availability of data connection and sharing to agencies, organizations and individuals, thereby serving e-transactions, including:

a) Personnel making data connection and sharing shall include on-site personnel who are managing and operating information systems or other relevant personnel in regulatory agencies; if on-site personnel does not satisfy requirements, experts may be hired;

b) Projects on investment in application of information technology funded by state budget to develop information systems, databases in regulatory agencies must consist of items serving data connection and sharing. If these items are not included in projects, explanations about the exclusion of items serving data connection and sharing during the process of operation and use are required;

c) Regulations on data collection and use for databases under their management shall be promulgated and publicly disclosed;

d) Measures to ensure cybersecuriy, information security and confidentiality in the process of data connection and sharing in accordance with regulations of law.

2. Unless otherwise provided for by law, regulatory agencies shall connect and share data with other agencies and organizations. Do not provide information that can be obtained via connection and sharing between information systems in the form of physical documents. Do not collect fees for sharing data between regulatory agencies.

3. Regulatory agencies shall apply methods of online data connection and sharing on cyberspace between information systems of data providers and data users, excluding the case where information concerning state secret or requiring ensuring national defense and security. In case of rejection, specific reasons for rejection are required.

4. Regulatory agencies shall apply models of data connection and sharing according to the following order of precedence:

a) Connection and sharing through intermediate systems including: National Data Exchange Platform – NDXP; infrastructure for data connection and sharing of ministries and provinces within the national enterprise architecture framework (EA framework) for digital transformation;

b) Direct connection between information systems and databases when intermediate systems are inaccessible or governing bodies of intermediate systems assess that such intermediate systems fail to satisfy requirements for data connection and sharing.

5. National EA framework for digital transformation prescribed in Point a Clause 4 of this Article shall include Architecture framework for e-government and digital government; architecture framework of agencies and organizations.

6. The Government shall elaborate the data connection and sharing; national EA framework for digital transformation.

Article 43. Open data of regulatory agencies

1. Open data of regulatory agencies is data disclosed by competent regulatory agencies to agencies, organizations and individuals to freely use, reuse and share. Regulatory agencies shall disclose open data to agencies, organizations and individuals to freely use, reuse and share in order to improve e-transactions, digital transformation and digital socio-economic development.

2. The open data must be intact and show adequate information provided by regulatory agencies; be up-to-date; can be accessed and used on the Internet; can be sent, received, stored and processed by digital devices; has open file format and free file format.

3. Agencies, organizations and individuals can freely use open data, and are not required to enter personal information when collecting and using open data is not required.

4. Agencies, organizations and individuals can freely copy, share, change and use open data or connect open data with other data; use open data for their commercial or non-commercial products and services, unless otherwise provided for by law.

5. Agencies, organizations and individuals shall include citations and acknowledge the use of open data in products, services and relevant documents using open data.

6. Regulatory agencies may cease to be liable for additional losses of agencies, organizations and individuals caused by the use of open data.

7. The Government of Vietnam shall elaborate open data and provide requirements for ensuring the implementation of regulations in this Article.

Article 44. Operation of regulatory agencies on electronic media

1. Regulatory agencies shall ensure that all results of handling administrative procedures or results of other civil services that are not state secrets are presented in the form of electronic documents with the same legal value as that of printed documents, are accessible and usable in their final forms. Regulatory agencies shall receive and handle requests from organizations and individuals on electronic media, unless otherwise prescribed by law.

2. The following tasks of regulatory agencies should be performed completely in electronic environment: public service provision, internal affair administration; managerial tasks; supervision and inspection.

3. Regulatory agencies must prepare plans for emergency situations, network issues and contingency plans, thereby troubleshooting and returning transactions to normal.

4. Regulatory agencies may hire experts to provide advice about development of databases using annual state budget according to regulations of law; carry out technical and professional activities of management, operation and assurance of information security for information systems serving e-transactions of regulatory agencies.

5. The Government of Vietnam shall elaborate this Article.