Nghị định 20/2016/NĐ-CP quy định Cơ sở dữ liệu quốc gia về xử lý vi phạm hành chính

DECREE

PRESCRIBING THE NATIONAL DATABASE ON HANDLING OF ADMINISTRATIVE VIOLATIONS

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the June 20, 2012 Law on Handling of Administrative Violations;

Pursuant to the June 29, 2006 Law on Information Technology;

At the proposal of the Minister of Justice,

The Government promulgates the Decree prescribing the national database on handling of administrative violations.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree prescribes the establishment, management, exploitation and use of the national database on handling of administrative violations; and responsibilities of ministries, ministerial- level agencies, the Supreme People’s Court, People’s Committees of provinces and centrally run cities (below refereed to as provincial-level People’s Committees), organizations and individuals in the establishment, management, exploitation and use of the national database on handling of administrative violations.

Article 2. Subjects of application

This Decree applies to:

1. Agencies and persons competent to sanction administrative violations.

2. Agencies executing decisions to sanction administrative violations.

3. Agencies executing decisions to enforce decisions to sanction administrative violations.

4. Agencies and persons competent to decide on application of administrative handling measures.

5. Agencies executing decisions to apply administrative handling measures.

6. State management agencies in charge of handling administrative violations.

7. Other state agencies and cadres, civil servants and public employees involved in the establishment, management, exploitation and use of the national database on handling of administrative violations.

Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Documents on handling of administrative violations means documents, papers, pictures, images, printed notes, measurement figures, data stored in the memory of professional technical equipment and devices that store information on the handling of administrative violations or application of administrative handling measures.

2. Electronic data on handling of administrative violations means information in documents on handling of administrative violations being digitalized.

3. The national database on handling of administrative violations means a collection of data on handling of administrative violations that are created, updated, maintained, exploited and used via electronic equipment to serve the state management of handling of administrative violations and prevention and combat of law violations.

Article 4. Principles of establishment, management, exploitation and use of the national database on handling of administrative violations

1. To comply with the Law on Handling of Administrative Violations, the Law on Information Technology and this Decree.

2. To ensure accuracy, completeness and timeliness.

3. To clearly determine powers and responsibilities of competent agencies and persons based on their functions and tasks.

4. To exploit and use information about organizations administratively sanctioned and individuals handled for administrative violations for proper purposes and ensure its confidentiality.

5. To closely manage and ensure information safety and security.

Article 5. Funds for the establishment, management, exploitation and use of the national database on handling of administrative violations

1. Establishment, expansion and upgrading of the national database on handling of administrative violations shall be funded by non-business funding sources and development investment sources and other lawful funding sources.

2. The management and updating of information, training for users and maintenance and operation of the national database on handling of administrative violations by ministries, ministerial-level agencies and provincial-level People’s Committees shall be funded by the state, budget according to annual allocation.

Article 6. Prohibited acts

1. Illegally accessing the national database on handling of administrative violations.

2. Illegally obstructing or preventing the transmission, sending and receipt of data.

3. Illegally falsifying, modifying, deleting and destroying data.

4. Illegally providing information or abusing the provision of information on handling of administrative violation for self-seeking purposes.

5. Destroying information technology infrastructure or spreading computer viruses.

6. Using information in the national database on handling of administrative violations for improper purposes.

Article 7. Use of information in the national database on handling of administrative violations

Information in the national database on handling of administrative violations shall be officially used for state management of handling of administrative violations and prevention and combat of law violations.

Chapter II

ESTABLISHMENT, MANAGEMENT, EXPLOITATION AND USE OF THE NATIONAL DATABASE ON HANDLING OF ADMINISTRATIVE VIOLATIONS

Section 1. ESTABLISHMENT, MANAGEMENT AND MAINTENANCE OF THE NATIONAL DATABASE ON HANDLING OF ADMINISTRATIVE VIOLATIONS

Article 8. Establishment of the national database on handling of administrative violations

1. The national database on handling of administrative violations shall be established in a centralized and uniform manner for common use nationwide.

2. The national database on handling of administrative violations shall be established in conformity with the Vietnamese e-government architectural framework, satisfying national database technical regulations as well as standards and technical regulations on information technology, information safety and security and economic-technical norms.

3. The structural design of the national database on handling of administrative violations must ensure its expansion and development.

Article 9. Information in the national database on handling of administrative violations

1. Information on decision to sanction administrative violations:

a/ Subject sanctioned for administrative violation:

For an individual violator: full name; birthdate; personal identification number or people’s identity card number, police identity card number or military identity card number or passport number (if any); gender.

For an institutional violator: name of organization; address of head office; identification number (for enterprises) or investment registration certificate number/business registration certificate number; establishment license number/operation registration certificate number (for other organizations); full name of at-law representative or owner of enterprise or head of organization;

b/ Number and date of issuance of decision to sanction administrative violation;

c/ Act of violation; form of sanction, sanctioning level; and consequence remedy (if any);

d/ Agency of person competent to sanction administrative violations; title of person issuing decision to sanction administrative violation.

2. Information on execution of decision to sanction administrative violation and decision to apply consequence remedy (if any):

a/ Postponement of execution of decision on fine; suspension of execution of decision to sanction administrative violation; termination of sanction or amendment, supplementation or cancellation of decision to sanction administrative violation (if any);

b/ Fine reduction or exemption; payment of fine in installments (paid fine amount and unpaid fine amount, if any);

c/ Enforcement of decision to sanction administrative violation (if any);

d/ Time of complete serving of decision to sanction administrative violation;

dd/ Complaint and lawsuit about decision to sanction administrative violation (if any).

3. Information on application of administration handling measure:

a/ Full name of violator; birthdate; personal identification number or people’s identity card number or passport number (if any); gender;

b/ Number and date of issuance of decision to apply administrative handling measure;

c/ Act of violation;

d/ Applied administrative handling measure;

dd/ Time limit for application;

e/ Postponement or exemption; reduction of duration, suspension of or exemption from serving of consignment decision for remaining duration in reformatory, compulsory education institution or compulsory detoxification establishment;

g/ Time of complete serving of decision to apply administrative handling measure;

h/ Agency or agency of person competent to decide on application of administrative handling measure;

i/ Complaint, lawsuit, petition about and protest against decision to apply administrative handling measure (if any).

4. Information on application of management at home:

a/ Full name of minor; birthdate; personal identification number, people’s identity card number or passport number (if any); gender;

b/ Number and date of issuance of decision to apply management at home;

c/ Reason for application of management at home;

d/ Duration of application and date of execution of decision to apply management at home;

dd/ Name of organization and individual participating in supervision;

e/ Time of termination of application of management at home (if any); reason for termination; and subsequent handling measure;

g/ Time of complete serving of decision to apply management at home;

h/ Agency of person competent to apply management at home; title of person issuing decision to apply management at home;

i/ Complaint and lawsuit about decision to apply management at home (if any).

Article 10. Responsibilities for provision, receipt and update of information on handling of administrative violations

1. Agencies of persons competent to sanction administrative violations, agencies executing sanctioning decisions, agencies executing enforcement decisions and agencies deciding to apply administrative handling measures shall provide and update information on their handling of administrative violations for the national database on handling of administrative violations.

2. Based on the practical situation, the agencies specified in Clause 1 of this Decree shall assign persons or establish sections to receive and update information on handling of administrative violations from persons competent to handle administrative violations.

3. Process of provision and receipt of information on handling of administrative violations:

a/ The agencies specified in Clause 1 of this Article shall provide information to their information updating and receipt sections for checking and classification within 2 (two) working days after issuing decisions to sanction administration violations or decisions to apply administrative handling measures;

In difficult-to-access deep-lying, remote, border or mountainous areas, or in case sanctions are imposed at sea or outside administrative working hours, persons competent to sanction violations shall provide information to their information updating and receipt sections within 2 (two) working days after remitting collected fine amounts at the State Treasury or into the State Treasury account;

b/ Information updating and receipt sections shall check information on handling of administrative violations, ensuring the accuracy and integrity of received documents within the scope of their responsibility in order to avoid update of overlapping information and documents

In case the information is insufficient or unclear, they shall request information-providing agencies specified at Point a, Clause 3 of this Article to add or clarify information.

4. New information on handling of administrative violations shall be input into the national database on handling of administrative violations as follows:

a/ Within 1 (one) working day after receiving decisions to sanction administrative violations or decisions to apply administrative handling measures, information updating and receipt sections of the agencies specified in Clause 2 of this Decree shall digitalize input information according to the form and input the information specified in Clause 1; at Points a, b, c, d, dd and h, Clause 3; Points a, b, c, d, dd and h, Clause 4, Article 9, of this Decree into the national database on handling of administrative violations;

b/ Checking the contents specified at Point a of this Clause before accepting such information for the national database on handling of administrative violations.

5. Information on handling of administrative violations in the national database on handling of administrative violations shall be updated as follows:

a/ Within 1 (one) working day after receiving information specified in Clause 2; at Points e, g and i, Clause 3; and Points e, g and i, Clause 4, Article 9 of this Decree, information updating and receipt sections of the agencies specified in Clause 2 of this Decree shall digitalize input information according to the form and update such information into the national database on handling of administrative violations.

b/ Checking the contents specified at Point a of this Clause before accepting such information for the national database on handling of administrative violations.

6. The Minister of Justice shall stipulate in detail the process of provision, receipt and update of in formation in the national database on handling of administrative violations.

Article 11. Correction, supplementation and modification of information in the national database on handling of administrative violations

1. Data in the national database on handling of administrative violations shall be corrected or supplemented when detecting incorrect or insufficient information.

Heads of the agencies specified in Clause 1, Article 10 of this Decree may decide on correction or supplementation of information provided by their agencies to the national database on handling of administrative violations.

2. Data in the national database on handling of administrative violations shall be modified when having grounds to determine that there are differences between electronic data on handling of administrative violations and dossiers and documents on handling of administrative violations archived under the law on archives.

The agencies specified in Clause 1, Article 10 of this Decree shall trace the original information in its archived document in order to determine accurate information, and modify such information on their own or propose the agency managing the database on handling of administrative violations to modify it under regulations.

Article 12. Storage of electronic data on handling of administrative violations

Electronic data on handling of administrative violations shall be stored permanently, except information on subjects handled for administrative violations specified at Point a, Clauses 1, 3 and 4, Article 9 of this Decree that have undergone the period after which they are regarded as having never been administratively handled under Articles 7 and 137 of the Law on Handling of Administrative Violations.

Article 13. Assurance of safety of the national database on handling of administrative violations

1. To use encrypted channels and user authentication in the following operations: login to the system administration, login to applications, automatic sending and receipt of data between servers, data input and editing.

2. To carry out data encryption and ensure transmission and information security in the national database on handling of administrative violations.

3. To take measures to ensure the authenticity and protect the integrity of data in the national database on handling of administrative violations.

4. To keep trace of the creation, modification and deletion of data to serve the management and supervision of the system.

5. To take other necessary measures to ensure safety of the national database on handling of administrative violations

Article 14. Management of administrator accounts in the national database on handling of administrative violations

The Ministry of Justice shall manage administrator accounts in the national database on handling of administrative violations as follows:

1. Issuing and withdrawing administrator accounts in the national database on handling of administrative violations.

2. Limiting, reviewing and checking agencies’ or authorized persons’ right to administrate the national database on handling of administrative violations.

Article 15. Maintenance, upgrading and development of the national database on handling of administrative violations

1. The Ministry of Justice shall maintain the national database on handling of administrative violations as follows:

a/ Ensuring technical infrastructure and environment for the installation and operation of the national database on handling of administrative violations;

b/ Taking measures to ensure physical and environmental safety at the electronic data center of the national database on handling of administrative violations;

c/ Taking measures to back up information in order to ensure troubleshooting and data restoration when occur problems due to natural disaster or illegal falsification, modification, deletion or destruction of data;

d/ Taking maintenance and repair measures to ensure round-the-clock operation of the national database on handling of administrative violations.

2. The Ministry of Justice shall periodically review and propose plans for upgrading and development of technical infrastructure and software of the national database on handling of administrative violations.

Section 2. EXPLOITATION AND USE OF THE NATIONAL DATABASE OF HANDLING OF ADMINISTRATIVE VIOLATIONS

Article 16. Exploitation and use of the national database on handling of administrative violations

1. Exploitation and use of the national database on handling of administrative violations may be in the following forms:

a/ Connecting via computer system with the national database on handling of administrative violations;

b/ Searching online information on the e-portal designated by the Ministry of Justice;

c/ Written request.

2. Subjects eligible to exploit and use the national database on handling of administrative violations include:

a/ The subjects defined in Article 2 of this Decrees;

b/ Other state agencies, officials, civil servants and public employees directly related to the handling of administrative violations;

c/ State power agencies performing the function of overseeing the handling of administrative violations shall be entitled to request and be provided with information to serve their oversight activities in accordance with law;

d/ Sanctioned organizations and handled individuals may be provided with information on the handling of their administrative violations if they make a written request and pay a charge under regulations.

3. The Ministry of Justice shall stipulate in detail the exploitation and use of the national database on handling of administrative violations.

Article 17. Connection with other national databases

The national database on handling of administrative violations shall be connected with:

1. The national population database under the managing agency’s guidance for use of original information on citizens.

2. The national enterprise registration database under the managing agency’s guidance for use of basic information on enterprises.

3. The national law database for use of information on legal documents on handling of administrative violations.

Article 18. Connection, data integration and information access in the national database on handling of administrative violations

1. Principles of connection, data integration and information access in the national database on handling of administrative violations

a/ The agency managing the national database on handling of administrative violations may allow information access to specialized databases that have been connected with the national database on handling of administrative violations for performing assigned functions, tasks and powers;

b/ Other specialized databases that use data on handling of administrative violations must, when they are upgraded or established, ensure connection and data integration with the national database on handling of administrative violations;

c/ Connection, data integration and information access in the national database on handling of administrative violations shall be carried out according to technical standards on information technology application in state agencies.

2. Procedures for connection, data integration and information access in the national database on handling of administrative violations:

a/ Heads of agencies managing specialized databases shall send written requests for connection, data integration and information access in the national database on handling of administrative violations to the Ministry of Justice. Such a request must state the assigned functions, tasks and powers, the scope and mode of connection and data integration, and purpose and number of information fields to be accessed;

b/ The Minister of Justice shall decide the mode of connection and data integration and the number of information fields to be shared between the national database on handling of administrative violations and specialized databases according to the ambit of functions, tasks and powers of agencies managing specialized databases.

Chapter III

RESPONSIBILITIES FOR ESTABLISHMENT, MANAGEMENT, EXPLOITATION AND USE OF THE NATIONAL DATABASE OF HANDLING OF ADMINISTRATIVE VIOLATIONS

Article 19. Responsibilities of the Ministry of Justice for establishment, management, exploitation and use of the national database on handling of administrative violations

1. The Ministry of Justice shall take responsibility before the Government for the establishment, management, exploitation and use of the national database on handling of administrative violations, and has the following tasks and powers:

a/ To submit to the Government for promulgation or promulgate according to its competence legal documents on the national database on handling of administrative violations;

b/ To establish, manage and maintain the national database on handling of administrative violations and ensure technical infrastructure for the stable and uninterrupted operation of the national database on handling of administrative violations;

c/ To propose and submit to the Prime Minister for determination and approval or approve according to its competence the expansion, upgrading and development of the national database on handling of administrative violations;

d/ To provide uniform guidance on the process of provision, receipt and update of information, exploitation and use of the national database oh handling of administrative violations;

dd/ To ensure adequate physical foundations and manpower for the establishment, management and maintenance of the national database on handling of administrative violations;

e/ To train and guide skills of information update and exploitation and use of the national database on handling of administrative violations for officials and civil servants of the agencies specified in Clause 1, Article 10 of this Decree; to train and guide skills of exploitation and use of the national database on handling of administrative violations for officials and civil servants of the agencies specified in Clauses 6 and 7, Article 2 of this Decree;

g/ To assume the prime responsibility for, or coordinate with the Ministry of Information and Communications in, formulating and promulgating according to its competence technical regulations on the national database on handling of administrative, violations;

h/ To perform other tasks assigned by the Government.

2. The Ministry of Justice’s agency managing the national database on handling of administrative violations shall assume the prime responsibility for, and coordinate with related agencies and units in, assisting the Minister of Justice in performing the tasks and exercising the powers specified in Clause 1 of this Article.

Article 20. Responsibilities of ministries and ministerial-level agencies for establishment, management, exploitation and use of the national database on handling of administrative violations

1. Within the ambit of their functions and tasks, ministries and ministerial-level agencies have the following tasks and powers:

a/ To direct the update of information and take responsibility for the accuracy and completeness of information and data; to ensure safe connection and data integration with the national database on handling of administrative violations;

b/ To assume the prime responsibility for, or coordinate with the Ministry of Justice in, training information provision, receipt and update skills for officials and civil servants of the agencies specified in Clause 1, Article 10 of this Decree within the scope of their management, and skills of exploitation and use of the national database on handling of administrative violations for officials and civil servants of agencies specified in Clauses 6 and 7, Article 2 of this Decree;

c/ To ensure adequate physical foundations and manpower for coordination in the establishment, management and maintenance of the national database on handling of administrative violations;

d/ To ensure safety of granted administrator accounts of the national database on handling of administrative violations.

2. The Ministry of Finance shall ensure funds for the update of information, training for users, and maintenance and operation of the national database on handling of administrative violations in ministries and ministerial-level agencies.

3. The Ministry of Planning and Investment shall allocate investment capital from the state budget for the establishment, expansion and upgrading of the national database on handling of administrative violations; coordinate with the Ministry of Justice in connecting the national enterprise registration database with the national database on handling of administrative violations.

4. The Ministry of Public Security shall coordinate with the Ministry of Justice in connecting the national population database with the national database on handling of administrative violations.

5. The Ministry of Information and Communications shall establish an information system as a focal point for connecting with and assisting access to the national database on handling of administrative violations.

Article 21. Responsibilities of the Supreme People’s Court for the establishment, management, exploitation and use of the national database on handling of administrative violations under the Law on Handling of Administrative Violations

Within the ambit of its tasks and powers, the Supreme People’s Court shall:

1. Provide information on the handling of administrative violations specified in Clause 4, Article 17 of the Law on Handling of Administrative Violations.

2. Direct people’s courts at all levels in providing information on the handling of administrative violations specified in Clause 6, Article 17 of the Law on Handling of Administrative Violations.

3. Direct the update of information and ensure the accuracy and completeness of information and data; ensure safe connection and data integration with the national database on handling of administrative violations.

4. Ensure safety of granted administrator accounts of the national database on handling of administrative violations.

5. Assume the prime responsibility for, and coordinate with the Government in, promulgating according to its competence legal documents on the management, exploitation - and use of the national database on handling of administrative violations.

Article 22. Responsibilities of provincial-level People’s Committees for the establishment, management, exploitation and use of the national database on handling of administrative violations

Within the ambit of their functions and tasks, provincial-level People’s Committees have the following tasks and powers:

1. To direct the update of information and take responsibility for the accuracy and completeness of information and data; to ensure safe connection and data integration with the national database on handling of administrative violations.

2. To assume the prime responsibility for, or coordinate with the Ministry of Justice in, training information provision, receipt and update skills for officials and civil servants of the agencies specified in Clause 1, Article 10 of this Decree in their localities and skills of exploitation and use of the national database on handling of administrative violations for officials and civil servants of the agencies specified in Clauses 6 and 7, Article 2 of this Decree in their localities;

3. To ensure safety of granted administrator account of the national database on handling of administrative violations.

4. To allocate regular funds for operation of the national database on handling of administrative violations and ensure physical foundations and manpower for coordination in the establishment, management and maintenance of the national database on handling of administrative violations.

5. To ensure funds for update of information, training for users, and maintenance and operation of the national database on handling of administrative violations at agencies and units in their localities.

Article 23. Responsibilities of state management agencies and individuals for provision and update of information in the national database on handling of administrative violations

1. To comply with this Decree and the Minister of Justice’s guidance on provision, receipt and update of information in the national database on handling of administrative violations.

2. To ensure the completeness, accuracy and timeliness of updated information; to promptly correct and supplement information in the national database on handling of administrative violations under Articles 9, 10 and 11 of this Decree.

Article 24. Responsibilities of agencies, organization and individuals for exploitation and use of the national database on handling of administrative violations

1. To comply with this Decree and the Minister of Justice’s guidance on exploitation and use of the national database on handling of administrative violations.

2. To use information in the national database on handling of administrative violations for proper purposes, serving state management of the handling of administrative violations and prevention and combat of law violations.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 25. Effect

This Decree takes effect on May 15, 2016.

Article 26. Implementation responsibilities

1. The Minister of Justice shall, within the ambit of his/her functions, tasks and powers, organize, guide, inspect and urge the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees and related agencies shall implement this Decree.-

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