Chương II Nghị định 42/2022/NĐ-CP: Cung cấp thông tin của cơ quan nhà nước trên môi trường mạng

Chapter II

PROVISION OF ONLINE INFORMATION BY REGULATORY BODIES

Article 4. Provision of online information

1. Regulatory bodies that disclose online information to organizations and individuals in accordance with the Law on Access to Information and the Law on Information Technology shall provide information as follows:

a) Legislative documents and administrative documents which fall under their promulgation authority or they are assigned to preside over drafting, clearly stating: forms of documents, promulgation authority, numbers, dates of promulgation, effective dates, subjects, files permitted for download, provision of document search tools;

Information on legislative documents shall be provided under regulations of law and in synchronization with the National Database of Legislative Documents or the Official Gazette of the Government of the Socialist Republic of Vietnam.

b) Treaties to which the Socialist Republic of Vietnam is a signatory, international agreements to which Vietnam is a party.

c) Administrative procedures, online public services, task performance procedures of regulatory bodies prescribed by law, ensuring consistency and integration from the National Public Service Portal, ministerial and provincial public service portals.

d) Information concerning dissemination and provision of guidance on implementation of laws, regimes and policies on the domains under regulatory bodies’ management.

dd) National and local socio-economic development strategies, programs, projects, schemes, plans and planning; sectoral and industry planning, methods and results of implementation; annual working programs and plans of regulatory bodies. To be specific:

- Every Ministry, ministerial agency or governmental agency provide information on strategies, plans and sectoral and industry planning under their authority nationwide. Specialized agencies affiliated to provincial People’s Committees provide information on strategies, plans and sectoral and industry planning under their authority within provinces.

- Provincial and district-level People’s Committees provide information on socio - economic development strategies, plans and planning within their provinces and districts.

- The announcement of planning shall comply with the Law on Planning.

- Information on the list of projects, programs and results of public investment, public procurement, management and use of public investment funds and loans in compliance with regulations of law.

e) Information on functions, tasks, powers, organizational structures, organizational charts of agencies and affiliated units; addresses, phone number, fax number and emails of regulatory bodies; full names, positions, workplaces, phone number and official emails of officials acting as the contact point:

- For a ministry, ministerial agency, governmental agency, General Department, Department or an equivalent agency or a specialized agency affiliated to a provincial People’s Committee, there must be information on organizational charts, organizational structures, functions, tasks and powers of the agency and its affiliated units; brief description of the foundation and development of the agency; short biographies and tasks of the agency leadership.

- For a provincial People’s Committee or district-level People’s Committee, there must be information on organization of the administrative apparatus, map of commune-level administrative divisions; natural conditions, history, cultural tradition, sites/monuments and landscape; short biographies and tasks of the agency leadership.

g) Annual financial statements that are publicized according to the Law on Accounting; statistical information on industries and fields under their management according to the Law on Statistics; information on list and results of scientific programs and themes according to the Law on Science and Technology; information on diseases according to the Law on Prevention and Control of Infectious Diseases.

h) A list of pieces of information required to be publicized, clearly stating the address, form, time and time limit for disclosure for each type of information.

i) Other information required to be disclosed as prescribed law.

2. In addition to the information specified in clause 1 of this Article, regulatory bodies may provide other information under their authority.

3. Online information provided by regulatory bodies must be promptly updated after changes are made.

Article 5. Communication channel

1. Website or web portal of a regulatory body (hereinafter referred to as “regulatory body’s web portal”) is an online uniform and centralized communication channel of a regulatory body.

2. Based on specific conditions, regulatory bodies shall establish other online communication channels as follows:

a) Ministerial and provincial data portals

The ministerial data portal is integrated with the National Data Portal and is a subpage of a web portal of a Ministry, ministerial agency or governmental agency; the provincial data portal is integrated with the National Data Portal and is a subpage of a web portal of a provincial People's Committees.

b) Social networks permitted by regulatory bodies to provide online information as prescribed by law.

c) Email.

d) Applications on mobile devices permitted by regulatory bodies to provide online information, which shall be run in a centralized manner and shared among Ministries, central and local authorities in order to provide regulatory bodies’ online information and avoid duplication.

dd) Telephone switchboards.

3. Regulatory bodies shall publish online communication channels. These channels shall conform to the following requirements:

a) Ensure different means’ easy access, including mobile devices.

b) Permit organizations and individuals to make online assessments of the satisfaction of the provided information. Regulatory bodies shall protect confidentiality and privacy of information about assessors.

c) Ensure cyberinformation security; apply standards and technologies to assist people with disabilities in accessing and using information and communications products and services; comply with technical regulations on provision of online information.

d) The Ministry of Information and Communications shall provide guidance on standards for provision of assistance to people with disabilities in accessing and using information and communications products and services; provision of online information.

4. Organizations and individuals are entitled to choose any channel provided by regulatory bodies to access and use regulatory bodies’ online information and shall comply with regulations on use of online information.

Article 6. Web portals of regulatory bodies

1. Web portals of Ministries, ministerial agencies, governmental agencies and provincial People's Committees are official and centralized online communication channels of regulatory bodies within the Ministries, central and local authorities. If agencies and units affiliated to Ministries, ministerial agencies, Governmental agencies; specialized agencies affiliated to provincial People's Committees; district-level People’s Committees; commune-level People's Committees have websites, they must be part of web portals of Ministries, ministerial agencies, governmental agencies and provincial People's Committees.

2. The Government’s web portal acts as an online communication; provide professional guidance and integrate information with web portals of ministries, ministerial agencies, governmental agencies and provincial People’s Committees.

3. Web portals of ministries, ministerial agencies, governmental agencies and provincial People's Committees are connected and integrated with the Government’s web portal and the digital Government service rating system.

4. The domain name of a regulatory body’s web portal must use the national domain name “.vn” and use IPv6 Internet address in compliance with the following principles:

a) For ministries, ministerial agencies, and governmental agencies, use the third-level domain name: name of ministry or sector.gov.vn in which the name of the Ministry or sector is the abbreviated name or full name in Vietnamese without accent marks or the abbreviated name in English of that Ministry, ministerial agency or governmental agency prescribed by the Ministry of Foreign Affairs.

Agencies affiliated to Ministries, ministerial agencies and governmental agencies use the fourth-level domain: nameofagency.nameofministry or sector.gov.vn in which the name of agency is the abbreviated name or full name of the affiliated agency in Vietnamese without accent marks or English.

b) For provincial People's Committees, use the third-level domain name: nameofprovince or city.gov.vn in which the name of province or city is the full name of the province or central-affiliated city in Vietnamese without accent marks.

The domain name of the People’s Committee of Ho Chi Minh City is hochiminhcity.gov.vn.

Specialized agencies affiliated to provincial People's Committees use the fourth-level name: nameofagency.nameofprovince or city.gov.vn in which the name of agency is the abbreviated name or full name of the specialized agency in Vietnamese without accent marks or English.

c) For district-level People's Committees, use the fourth-level domain name: nameofdistrict.nameofprovince or city.gov.vn in which the name of district is the full name of the urban district, rural district, district-level town, provincial city or central-affiliated city in Vietnamese without accent marks.

d) For commune-level People's Committees, use the fifth-level domain name: nameofward or commune.nameofprovince or city.gov.vn in which the name of ward or commune is the full name of the commune, ward or district-level town in Vietnamese without accent marks.

5. Ministries, ministerial agencies, governmental agencies; provincial People's Committees shall add or change domain names in accordance with clause 4 of this Article.

6. Ministries, ministerial agencies, governmental agencies; provincial People's Committees shall provide metadata to regulatory bodies’ web portals to support the search for, exchange and sharing of information, maintaining the connection and integration with web portals of relevant agencies and organizations, and maintaining the cyberinformation security in accordance with regulations of law.

7. The Ministry of Information and Communications shall provide guidance on the structure, layout and technical requirements for the regulatory bodies’ web portals and develop a shared tool so as for regulatory bodies to develop their web portals.

Article 7. Basic functions of web portals

1. Supporting information search, connection and storage

a) The information search function allows search for full and accurate contents of needed existing information, news and articles at the request of organizations and individuals.

b) Links to web portals of other relevant regulatory bodies are provided in a full and accurate manner.

c) Print and storage functions for every piece of news and article are provided.

2. Providing information in foreign languages

a) Every regulatory body must provide information in English, including organizational structure, functions, tasks and powers of such body and its affiliated units; contact information of competent officials, including full names, positions, workplace, phone number, fax numbers and official emails.

b) Regulatory bodies are encouraged to post information in other sections in English and other languages.

c) Any change to the information sections specified in points a and b clause 2 of this Article must be promptly updated.

3. Based on specific conditions, regulatory bodies shall perform the basic functions mentioned in clauses 1 and 2 of this Article on other channels.

Article 8. Online interaction with organizations and individuals

1. Regulatory bodies shall apply information technology and digital technology to carry out functions allowing online interaction with organizations and individuals on their web portals, consisting of:

a) Question-answer and feedback function, which allows organizations and individuals to submit their questions and feedback online, answers questions, receives feedback and monitors the online processing of complaints and receipt of results.

b) Social networking function.

c) Allowing participation in law-making and enforcement of policies and laws of regulatory bodies in accordance with regulations of law.

d) Allowing assessment of provision of online information by regulatory bodies, which covers interface, content, quality and support from regulatory bodies.

dd) Publicize all information relating to interaction with organizations and individuals as prescribed by law.

2. Based on specific conditions, regulatory bodies may perform the functions specified in clause 1 of this Article through other online communication channels.

Article 9. Online connection and sharing of regulatory bodies’ information

1. Where a regulatory body establishes multiple online communication channels, these channels must be connected and integrated to make sure that information is provided in sync with the information on its web portal.

2. Regulatory bodies’ online information shall be archived in a machine-readable form and shared in the form of a web service or application programming interface or other common forms to ensure the readiness for information connection and sharing between information systems of regulatory bodies.

3. The connection and sharing of data between regulatory bodies shall comply with the regulations set out in the Government’s Decree No. 47/2020/ND-CP dated April 09, 2020.

Article 10. Management and supervision of provision of online information by regulatory bodies

1. Ministries, ministerial agencies, Governmental agencies and provincial People's Committees shall inspect, supervise and assess the provision of online information by agencies and affiliated units to ensure the convenience and quality assurance upon provision of information.

2. The Ministry of Information and Communications shall instruct Ministries, ministerial agencies, Governmental agencies and provincial People's Committees to establish a connection with the digital Government service rating system in order to manage and monitor the efficiency in and level of provision and use of regulatory bodies’ online information, and submit a consolidated report thereon to the Prime Minister.