Chapter I
GENERAL PROVISIONS
Article 1. Scope
1. This Decree prescribes management, connection and share of digital data of regulatory agencies, including: digital data management and administration; connection and digital data share; digital data utilization and use of regulatory agencies; provision of open data of regulatory agencies for organizations and individuals; rights and responsibilities in connecting and sharing digital data of regulatory agencies.
2. This Decree does not apply to sharing digital data containing government secret information specified under Law on Protection of Government Secret. Sharing of digital information containing government secret information shall comply with applicable regulations and law.
Article 2. Regulated entities
This Decree applies to regulatory agencies including ministries, ministerial agencies, governmental agencies and People’s Committees of all levels; organizations and individuals utilizing and using digital data of regulatory agencies shared by regulatory agencies as per the law.
Article 3. Interpretations
In this Decree, terms below shall be construed as follows:
1. “Digital data” refers to data in form of symbols, words, numbers, images, sound or similar forms expressed in digital signals. Digital data shall contain digital information and shall be shared in data messages. In this Decree, data shall refer to digital data.
2. “Structure of exchanged data” refers to structure of data messages exchanged among information systems and database.
3. “Data sharing services” refer to services that provide and share data for agencies, organizations and individuals utilizing or collecting data from agencies, organizations and individuals via information systems. In information systems, data sharing services are interface of software serving data message connection and exchange with external systems.
4. “Open database of regulatory agencies” refers to data widely distributed by competent regulatory agencies to agencies, organizations and individuals for use, redistribution and share. In this Decree, open data refers to open data of regulatory agencies.
5. “Default data share method” refers to methods of sharing regular data in regulatory agencies following simple procedures in which regulatory agencies prepare all data sharing services and provide standardized data in terms of structure of exchanged data via data sharing services for multiple regulatory agencies.
6. “Data sharing on a case-by-case basis” refers to methods of sharing data with other regulatory agencies at request for data not universally shared by different regulatory agencies; this method of sharing data requires cooperation by parties in terms of infrastructure, technical and technological conditions to process or create the data.
7. “Common schedule data” refers to data on schedules and classification tables issued by competent regulatory agencies and used commonly in information systems and database to ensure synchronized data integration, exchange and sharing.
8. “Open format” refers to format of files or data messages specified in technical declarations of organizations operating in standard affairs and not limited while applying said technical declarations.
9. “Master data” refers to data containing the most basic information to identify and describe core and independent professional entities.
10. “National portal” refers to contact point providing access to information and data at data.gov.vn on the internet serving publicizing open data, providing information on sharing data of regulatory agencies; providing documents, services, tools, applications to process and utilize data publicized by regulatory agencies.
Article 4. Legal value of shared data
Legal value of shared data in data messages shall be determined according to legal value of the data messages specified in Section 1 Chapter II of Law on E-Transactions and relevant law provisions.
Article 5. General rules in data management, connection and share
1. Data formed during operation of regulatory agencies and shared to serve operations of regulatory agencies in order to serve the people and enterprises shall comply with regulations and law in data creation, management and use.
2. Regulatory agencies are responsible for sharing data with other agencies, organizations and individuals as per the law; not sharing information in written form in case of information utilized in form of connection and data share among information systems; not collecting or recollecting data or requesting people and enterprises to provide information and data during administrative violations if said data has been provided by other regulatory agencies, being ready for provision via connection and data share, in case said data is not qualified in terms of quality according to specialized standards and regulations or otherwise regulated by the law.
3. Data sharing among regulatory agencies shall not affect powers and responsibilities of relevant organizations and individuals, not violate rights regarding private lives, personal secrets and family secrets unless otherwise specified by the law.
4. Shared data must be updated and accurate as per the law.
5. Data shared among regulatory agencies shall not be charged, except for cases of utilizing or using data under schedules specified in Law on Fees and Charges.
6. Data of regulatory agencies shared to organizations and individuals shall comply with following principles:
a) Organizations and individuals shall hold the rights to utilize their data or data of other organizations and individuals with their consent, unless otherwise specified by regulations and law;
b) With respect to cases other than those specified in Point a of this Clauses, data of regulatory agencies shared for organizations and individuals shall comply with Law on Information Access and applicable regulations and law.
Article 6. Connecting and sharing data
1. Regulatory agencies managing data are responsible for adopting measures to manage and supervise data and ensure available connection and data share for agencies, organizations and individuals specified in Chapter II of this Decree.
2. With respect to open data, agencies, organizations and individuals shall connect and utilize data publicized by regulatory agencies as specified in Section 3 Chapter II of this Decree.
3. Connect and share data with regulatory agencies satisfactory to following regulations:
a) With respect to data ready to be shared in default method, comply with regulations under Section 2 Chapter III of this Decree;
b) With respect to data not ready to be shared in default method, agencies that provide and utilize data shall cooperate and implement the data sharing on a case-by-case basis specified under Section 3 Chapter III of this Decree;
c) In case of incapable of connecting or sharing data according to Points a or b of this Clause, comply with regulations and law on handling complaints regarding connection and data share under Section 5 Chapter III of this Decree.
4. With respect to data connected and shared by regulatory agencies to individuals: in case regulatory agencies that provide the data permit connection and utilization as per the law, organizations and individuals that connect and utilize data are responsible for implementing obligations similar to those performed by regulatory agencies that connect and utilize data specified under this Decree.
Article 7. Requirements in data management, connection and share
Regulatory agencies that connect and share data must satisfy following requirements:
1. Appoint an official to act as a contact point to be responsible for connecting and sharing data; publicize phone number, e-mail address, name and titles of the official mentioned above. Officials acting as contact point are responsible for connecting, cooperating and handling issues regarding connection and data share of their agencies and entities with different agencies and entities.
2. Publicize information regarding contact points in charge of connection and data share; information regarding readiness in sharing data and other information which are to be publicized according to this Decree.
3. Comply with regulations and law on information security; regulations and law on intellectual property related to data; privacy of organizations and individuals.
4. Ensure that shared data must be sent, received, stored and processed by digital devices.
5. Comply with technical regulations and instructions regarding data exchange, application of information technology in regulatory agencies and rules specified Article 5 of this Decree.
6. Conform to Vietnam Electronic Government Structure Frame.
Article 8. Prohibited acts
1. Obstruct connection, rights to connect and use data legally of agencies, organizations and individuals as per the law.
2. Sell, trade or exchange data against regulations and law.
3. Violations against regulations and law on intellectual property, personal information protection rights upon connecting and sharing data.
4. Falsify data during transmission from agencies providing data to agencies utilizing data.
5. Destroy information infrastructure interrupt connection and data share.
Tìm kiếm
Nghị định 47/2020/NĐ-CP (Bản Word)
Nghị định 47/2020/NĐ-CP (Bản Pdf)