Nghị định 43/2011/NĐ-CP Quy định về cung cấp thông tin và dịch vụ công trực tuyến trên trang thông tin điện tử hoặc cổng thông tin điện tử của cơ quan nhà nước

DECREE

ON PROVISION OF ONLINE INFORMATION AND PUBLIC SERVICES ON WEBSITES OR WEB PORTALS OF STATE AGENCIES

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

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

At the proposal of the Minister of Information and Communications,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides the provision of online information and public services on websites or web portals (below referred to as web portals) and conditions to assure operations of web portals of state agencies.

Article 2. Subjects of application

1. Ministries, ministerial-level agencies, government-attached agencies, general departments, departments and equivalent agencies; provincial-level People's Committees and their specialized agencies; People's Committees of urban districts, rural districts, towns and provincial cities (below referred to as district-level People's Committees).

2. Organizations and persons providing information on web portals of state agencies.

3. Other state agencies and organizations voluntarily applying this Decree.

Article 3. Interpretation of terms

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

1. Website means a web page or a collection of web pages in a network environment which serves the provision and sharing of information.

2. Web portal means the sole access point of an agency in a network environment linking and integrating information channels, services and applications, through which users can exploit, use and personalize information display.

3. Public administrative service mean a not-for-profit service related to law enforcement in the domains managed by a state agency, which is provided by that state agency to organizations and individuals in the form of legally valid papers.

Each public administrative service is associated with an administrative procedure to completely settle a specific issue related to an organization or a person.

4. Online public service is a public administrative service or another service provided by a state agency to organizations and individuals in a network environment.

a/ Level-1 online public service means a service which provides full information on an administrative procedure and documents related to that procedure;

b/ Level-2 online public service means a level-1 online public service which allows users to download forms of documents and make declarations on those forms to complete dossiers as required. Completed dossiers may be submitted directly or by post to the service provider;

c/ Level-3 online public service means a level-2 online public service which allows users to make online declarations on forms of documents and send these forms online lo the service provider. Transactions in the processing of dossiers and provision of the service are made in the network environment. Payment of fees (if any) and notification of results shall be made directly at the service provider;

d/ Level-4 online public service means a level-3 online public service which allows users to make online payment of fees (if any). Results may be notified to users online, directly or by post.

5. Web portal managing agency means a state agency defined in Clause 1, Article 2 of this Decree (below referred to as managing agency).

6. Metadata means information describing properties of data such as content, format, quality, conditions and other specifications in order to facilitate data search, access, management and storage.

Article 4. Roles of web portals of state agencies

1. The web portal of a ministry, ministerial-level agency or government-attached agency is a portal integrating information of the entire sector and domains managed by that ministry or agency and information on online public services of all agencies and units attached to such ministry or agency.

2. The web portal of a provincial-level People's Committee is a portal integrating information on state management domains within such province and information on online public services of all specialized agencies and district-level People's Committees of that province.

3. Information published on the web portal of a state agency is official information of that agency in the network environment-

Article 5. Information provision principles

1. Information provided on the web portal of a stale agency must conform with views and lines of the Party and policies and laws of the State; and promptly meet management requirements of such agency and information needs of organizations and individuals.

2. Information provided on a web portal must comply with the laws on state secret protection, press, intellectual property and Internet information management.

3. Publication, quotation and re-use of information on the web portal of an agency must clearly indicate authors and information sources.

Article 6. Domain names of web portals

1. The domain name of an agency's web portal must use the national domain name ".vn" and adhere to the following principles:

a/ The domain name of a ministry, ministerial-level agency or government-attached agency is a level-3 domain name in the formal: name of ministry or sector.gov.vn.

Each agency has 1 domain name which is the abbreviation of the agency's name in Vietnamese without accent, and 1 domain name which is the abbreviation of the agency's name in English under regulations of the Ministry of Foreign Affairs.

An attached agency of a ministry, ministerial-level agency or government-attached agency at least has a level-4 domain name, which is the abbreviation of that agency's name in Vietnamese without accent in the format: name of the agency.name of ministry or sector.gov.vn.

b/ The domain name of a provincial-level People's Committee is a level-3 domain name, which is the full name of the province or city in Vietnamese without accent in the format: name of province or city.gov.vn.

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

A specialized agency of a province or city at least has a level-4 domain name, which is the abbreviation of that agency's name in Vietnamese without accent or in English in the format: name of agency.name of province or city.gov.vn.

c/ The domain name of a district-level People's Committee is a level-4 domain name, which is the full name of the locality in Vietnamese without accent in the format: name of district.name of province or city.gov.vn.

2. Managing agencies shall supplement and modify domain names under Clause 1 of this Article.

Article 7. Conformity with technical standards

1. The Vietnamese character code Unicode by standard 6909.2001 shall be used in storing and sharing information and data on web portals.

2. Web portals of state agencies must conform with standards on information technology application at state agencies.

Article 8. Support for people with disabilities

Web portals of state agencies must satisfy requirements on support for people with disabilities in access to and use of information technology and media under the Ministry of Information and Communications' regulations.

Article 9. Collection, processing and use of personal information

The collection, processing and use of personal information on web portals of state agencies must comply with Articles 21 and 22 of the Law on Information Technology.

The Ministry of Information and Communi­cations shall specify the implementation of this Article.

Chapter II

INFORMATION PROVISION

Article 10. Major information

1. The web portal of a state agency must contain the following sections:

a/ Introductory information:

- For a ministry, ministerial-level agency, government-attached agency, department, general department or an equivalent agency, or a specialized agency of a provincial-level People's Committee, there must be at least information on the diagram, organizational structure. functions, tasks and powers of the agency and its attached units; briefing of the foundation and development of the agency; brief biographies and tasks of the agency leadership.

- For a provincial-level People's Committee or district-level People's Committee, there must be at least information on the organization of the administrative apparatus, map of administrative boundaries to the ward and commune level; natural conditions, history. cultural tradition, relics and scenic places; brief biographies and tasks of the agency leadership.

b/ News and events: News and articles on activities and related issues under the agency's state management;

c/ Directing and administering information, including directing and administering opinions of the agency head which have been agreed and officially promulgated in documents; opinions on processing of and feedback to proposals and requests of organizations and individuals; information on commendation and sanctioning of organizations and enterprises operating in the agency's state management domains; working timetable of agency leaders;

d/ Information disseminating, popularizing and guiding laws, regimes and policies on the domains under the agency's state management;

e/ Development strategies, orientations, master plans and plans:

- A ministry, ministerial-level agency or government-attached agency shall provide information on development strategies, master plans and plans of industries and sectors nationwide. A specialized agency of a provincial-level People's Committee shall provide information on development strategies. master plans and plans of industries and sectors in the locality;

- A provincial-level People's Committee or district-level People's Committee shall provide information on socio-economic development strategies, master plans and plans, covering at least the following information:

+ Investment incentives and opportunities, projects calling for investment;

+ Construction and urban planning; land use master plans and plans;

+ Master plans and plans on natural resource exploitation;

+ Master plans on waste collection, recycling and treatment; lists and information on sources and types of waste likely harmful to human health and the environment; areas w ith seriously and extremely seriously polluting and degrading environment and areas at risk of environmental incidents.

f/ System of specialized legal documents and related administrative management documents: To clearly indicate forms of documents, promulgating competence, symbol numbers, promulgation dates, effective dates, subjects, files allowed for download. To provide document search tools;

g/ The web portals of the Government and provincial-level People's Committees must publish e-CONG BAO (official gazette) which must contain information on CONG BAO issue numbers, promulgation dates, lists of documents published in CONG BAO and subject of each document;

h/ Information on investment projects and items, bidding and public procurement:

- Lists of upcoming, ongoing and completed projects;

- For each project, there must be information on its name, principal objectives, professional domain, type, implementation time, cost, funding form, donors and status.

i/ Consultation of the public:

- Receipt of reflections and proposals of organizations and individuals on administrative regulations under law;

- Listing of legal documents, lines and policies to be commented;

- Provision of information and functions: Full texts of documents to be commented; deadline for sending comments; comments; receipt of new comments; address and email of the agency or unit receiving comments.

j/ Contact information of competent persons, including full names, posts, working units, telephone/fax numbers, official email addresses;

k/ Transaction information of the web portal, including address, telephone and fax numbers and official email addresses for contact with organizations and individuals.

2. Based on actual situation and conditions, a managing agency may provide other information sections in conformity with its functions and tasks.

Article 11. Information on scientific programs and projects

Ministries, ministerial-level agencies, government-attached agencies and provincial-level People's Committees shall provide information on state-funded scientific programs and projects under their management:

1. List of programs and subjects, covering code, title, management authority, domain, responsible unit and implementation time.

2. Outcomes of programs and projects after being passed by the Scientific Takeover Council, comprising general reports and reports on application of program or project outcomes. These outcomes shall be notified under the Law on Science and Technology.

Article 12. Statistical information and reports

1. The web portal of a ministry, ministerial-level agency or government-attached agency must provide statistical information on industries and sectors under its management.

2. The web portal of a provincial-level People's Committee must provide statistical information on results of censuses under the Statistics Law.

3. Statistical information must fully cover statistics, statistical reports, statistical methods, analysis of statistics and time of making statistics.

Article 13. Information in foreign languages

1. The web portal of a ministry, ministerial-level agency, government-attached agency or provincial-level People's Committee must provide additionally in English for reference at least the information mentioned at Points a and j, Clause 1, Article 10 of this Decree, and information on online public services which may be used by foreigners.

2. Managing agencies are encouraged to publish other information sections in English and other languages.

Article 14. Provision of metadata

1. The web portal of a state agency must provide metadata to assist information search, exchange and sharing, which must enable link and integration with web portals of other state agencies and concurrently guarantee technological compatibility.

2. The Ministry of Information and Communications shall detail the application of standards on metadata for state agencies.

Article 15. Supportive functions

1. Information search, link and storage functions

a/ A web portal must have the search function which allows search for full and accurate contents of needed existing information, news and articles;

b/ A web portal must fully and accurately provide links to web portals of the managing agency's attached units and other state agencies;

c/ A web portal must have functions to print and store every news and article.

2. Question-answer and feedback receiving functions: A web portal must have the function allowing users to directly send inquiries and comments and check the processing of their inquiries or provide email address for receiving inquiries.

Article 16. Information link and integration

1. The web portal of a ministry, ministerial-level agency or government-attached agency must be linked and have information integrated with web portals of its attached agencies to enable users to search and exploit all information on the domains under its state management.

2. The web portal of a provincial-level People's Committee must be linked and have information integrated with web portals of its provincial-level specialized agencies and district-level People's Committees to enable users to search and exploit information on all socio-economic fields of the locality.

3. The Government's web portal is the focal point linking the Government's online administrative information network and integrating information of web portals of ministries, ministerial-level agencies, government-attached agencies and provincial- level People's Committees.

Article 17. Time limits for information provision, processing and storage

1. Time limits for information provision and processing:

a/ To frequently and accurately update the information defined at Points a. b, c, j and k, Clause 1, Article 10 of this Decree;

b/ For dissemination, popularization and guidance of laws, regimes and policies: To update laws, regimes and policies within 15 (fifteen) working days after they are officially promulgated;

c/ For specialized legal documents and state management documents:

- To update a document within 2 (two) working days after it is promulgated, for the promulgating agency.

- To update a document within 10 (ten) working days after it is promulgated, for the agencies governed by the document.

d/ For the information defined at Point e and h, Clause 1, Article 10 of this Decree: To update a strategy, master plan or investment or bid project or work item within 10 (ten) working days after it is approved;

e/ For the exchange and question-answer section:

- The editorial board of a web portal shall receive and classify inquiries and forward them to concerned units for reply. If an inquiry is not related to the scope and domain of operation of the agency, it shall promptly notify such to the inquirer;

- Within 15 (fifteen) working days after receiving an inquiry, the concerned state agency shall reply, or notify the processing of such inquiry, clearly stating the deadline for reply, to the inquirer. For general issues, the reply must be published on the web portal.

f/ For scientific programs and projects: To update a program or project within 20 (twenty) working days after it is approved or taken over;

g/ For statistical information and reports: To update within 10 (ten) working days after notification of such information is decided by the agency head;

h/ For information sections in foreign languages: To frequently review and promptly update arising or changing information.

2. Information storage: Managing agencies shall store information of web portals under state regulations on archives.

Chapter III

PROVISION OF ONLINE PUBLIC SERVICES

Article 18. Information on online public services

1. A managing agency shall publish full information on its online public services on the national database on administrative procedures. Information on online public services must be updated, supplemented and modified right after any change occurs.

2. The web portal of a state agency must have the section "online public services" which lists public administrative services and online public services it is providing and specifies the levels of these services. Services shall be organized and classified by industry and sector for convenient use.

3. The web portal of a state agency must have the functions providing use instructions, and monitoring use frequencies, dossier processing and the number of processed dossiers, for each online public service of level 3 or higher.

Article 19. Responsibilities for provision of online public services

1. Managing agencies shall provide public administrative services on web portals based on their results of standardizing administrative procedures. Services attached with administrative forms and declarations must be provided at least at level 2. For each service, all elements constituting the administrative procedure concerned and responsibilities of involved parties must be fully displayed.

2. Annual reporting on roadmaps to provide online public services:

a/ Specialized agencies of provincial-level People's Committees and district-level People's Committees shall devise roadmaps to provide online, public services and report them and their implementation progress to provincial-level People's Committees;

b/ Ministries, ministerial-level agencies, government-attached agencies and provincial-level People's Committees shall work out and report on their roadmaps to provide online public services to the Ministry of Information and Communications for sum-up and reporting to the Prime Minister.

Article 20. Integration of information on online public services

1. The web portal of a ministry, ministerial-level agency or government-attached agency must be linked and have information on online public services integrated with the web portals of its attached units.

2. The web portal of a provincial-level People's Committee must be linked and have information on online public services integrated with the web portals of its specialized agencies and district-level People's Committees.

3. The Government Office is the focal point in organizing the integration of information on online public services of all state management domains of the Government.

Chapter IV

ASSURANCE OF OPERATIONS OF WEBSITES OR WEB PORTALS

Section 1. HUMAN RESOURCES

Article 21. Editorial boards of web portals

1. The editorial board of a web portal is an apparatus assisting the managing agency head in receiving, processing, editing and updating information and coordinating in handling public services to ensure operations of the web portal. The managing agency's information technology section is the standing body of the editorial board.

2. The size and organization of the editorial board shall be decided by the managing agency head based on practical situation.

3. The editorial board is composed of the head, deputy head and members. Leaders of the editorial board may work on a part-time basis. The working regime for its members shall be decided by the managing agency head.

4. The Ministry of Information and Communications shall assume the prime responsibility for, and coordinate with the Ministry of Home Affairs in, specifying the organization, functions and tasks of the editorial board.

Article 22. Online public services processing staff

The managing agency head shall assign and arrange sufficient staff to process and handle online public services under the agency's responsibilities to meet prescribed deadlines.

Article 23. Technical administration staff

The managing agency shall arrange sufficient professional staff to administer the web portal (below referred to as administrators).

Article 24. Staff training

Editorial board members and administrators shall be annually trained and retrained in professional operations and knowledge relevant to the domains they take charge to assure operations of web portals.

Section 2. FUNDS

Article 25. Funds for operations and development of web portals

1. Funds for operations and development of web portals come from:

a/ The state budget:

- Funds for web portals of state agencies shall be included in annual budget estimates by spending area of these agencies. Funds for web portals of central agencies and units come from the central budget. Funds for web portals of local agencies and units come from local budgets in accordance with the current law on state budget decentralization;

- Funds for training and retraining staff of web portals shall be included in annual budget estimates of agencies for training and retraining cadres and civil servants under their management.

b/ Lawful revenues which are permitted to be kept by agencies and units for use under law;

c/ Aid and official development assistance from donors;

d/ Other lawful funding sources under law.

2. Managing agencies shall annually estimate funds for web portal operations for reporting to superior managing agencies. Superior managing agencies shall consider and summarize these estimates for reporting to finance agencies of the same level for fund allocation.

Article 26. Spending level for information creation and royalty

1. Remunerations and royalty for the provision of information on web portals comply with the royalty regime under current regulations.

2. Spending levels for the creation, conversion and digitalization of information for web portals comply with the Ministry of Finance's guidance on spending levels for e-information creation.

3. Based on managing agencies' funding capacity, their heads shall set specific spending levels for information creation and royalty payment in accordance with current state regulations.

Section 3. OPERATIONS AND MAINTENANCE

Article 27. Maintenance, operations, upgrading and modification of web portals

1. Web portals must be regularly checked, maintained, upgraded, modified and supervised to guarantee 24-hour operation on all days.

2. Web portals must be annually reviewed for proposing upgrading and modification plans meeting actual requirements.

Article 28. Assurance of transmission lines, machinery and equipment for information collection and processing

1. Managing agencies shall select investment plans to build infrastructure or hire outside services to ensure operations of web portals on the principles of thrift and effectiveness.

2. Managing agencies shall furnish sufficient equipment necessary for the collection, processing and updating of information for web portals, ensuring effective operation of existing technological infrastructure.

Article 29. Assurance of security of information and data

1. Managing agencies shall:

a/ Take technical measures to guarantee security of information and data on web portals;

b/ Work out effective solutions for fighting web portal hacking;

c/ Adopt backup plans to ensure to the utmost constant operations of web portals.

2. The Ministry of Information and Communications shall specify the implementation of this Article.

Section 4. IMPLEMENTATION

Article 30. Responsibilities of managing agencies

1. Heads of managing agencies shall directly direct the formation, operations and development of web portals; and direct attached units in coordinating with editorial boards in providing information and online public services.

2. To use allocated funds under plans and other lawful funds to operate, maintain and develop web portals.

3. To approve and promulgate regulations on coordination among units of agencies in providing and processing information and regulations on operation and maintenance of web portals.

4. To conform with standards and technical regulations in building, operating and upgrading web portals under regulations.

5. To annually report on operations of web portals:

a/ For ministries, ministerial-level agencies, government-attached agencies and provincial-level People's Committees; To submit reports to the Ministry of Information and Communications before December 1 every year:

b/ For specialized agencies of provincial-level People's Committees and People's Committees of urban and rural districts, towns and provincial cities: To submit reports to provincial-level Information and Communica­tions Departments for summarization and reporting to the Ministry of Information and Communications before December 1 every year.

Article 31. Responsibilities of concerned agencies

1. The Ministry of Information and Communications shall:

a/ Guide ministries, ministerial-level agencies, government-attached agencies and provincial-level People's Committees in implementing this Decree;

b/ Formulate and promulgate standards and technical regulations applicable to web portals of state agencies;

c/ Assume the prime responsibility for. and coordinate with concerned agencies in. working out payment methods and mechanisms for the provision of online public services;

d/ Annually review and report to the Prime Minister on the provision of online public services and operations of web portals of state agencies.

2. The Government Office shall direct the Government's web portal in playing the role of focal point linking the Government's online administrative information network with central and local administrative state agencies; and integrating information on the Government's online public services.

3. The Ministry of Finance shall balance the central budget to provide funds for operations, maintenance and development of web portals of state agencies.

Article 32. Inspection and examination

1. The Ministry of Information and Communications shall inspect and examine ministries, ministerial-level agencies and government-attached agencies in implementing this Decree.

2. Provincial-level Information and Communications Departments shall inspect and examine local state agencies in implementing this Decree.

Chapter V

IMPLEMENTATION PROVISIONS

Article 33. Effect

This Decree takes effect on October 1, 2011.

Article 34. Implementation responsibilities

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, heads of departments, general departments and equivalent agencies, chairpersons of provincial-level People's Committees, heads of provincial specialized agencies and chairpersons of district-level People's Committees shall implement this Decree.-