Chương III Nghị định 20/2016/NĐ-CP : Trách nhiệm trong xây dựng, quản lý, khai thác và sử dụng cơ sở dữ liệu quốc gia về xử lý vi phạm hành chính

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.