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.
Tìm kiếm
Nghị định 20/2016/NĐ-CP (Bản Word)
Nghị định 20/2016/NĐ-CP (Bản Pdf)