Chương I Nghị định 20/2016/NĐ-CP : Những quy định chung

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.

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