Chương IV Nghị định 47/2020/NĐ-CP: Quyền, trách nhiệm trong kết nối, chia sẻ dữ liệu

Chapter IV

RIGHTS AND RESPONSIBILITIES IN CONNECTION AND DATA SHARE

Article 51. Rights and responsibilities of agencies providing data

1. Agencies providing data shall have following rights to:

a) Reject request for data share if the request does not conform to regulations under this Decree and relevant law provisions. In this case, agencies providing data must specify reasons for rejection and inform competent agencies capable of receiving and dealing with difficulties under Article 48 of this Decree;

b) Request agencies and entities using data to provide information about use of share data in case of signs of using data against regulations on data utilization and use and regulations and law;

c) Suspend or terminate connection and data share according to Article 43 and 44 of this Decree.

2. Agencies providing data are responsible for:

a) developing information infrastructure to be ready for connection and data share;

b) developing and improving documents providing guidelines for data share;

c) managing and publicizing data according to regulations and law; ensuring data management of the agencies satisfactory to practical data management;

d) ensuring quality of provided data; updating data promptly; rectifying and calibrating in case of discrepancies;

dd) reviewing and assessing information infrastructure, limiting restrictions regarding information infrastructure and data sharing services; assessing difficulties and proposing solutions for dealing with difficulties in sharing data; reporting to competent authorities and regulatory agencies about data share;

e) reporting to competent agencies about data provision and exchange upon request;

g) cooperating with agencies utilizing data and competent agencies in dealing with difficulties and conflicts while using and sharing data;

h) sharing data under management relating to individuals and organizations for other regulatory agencies upon request.

Article 52. Rights and responsibilities of organizations and individuals utilizing and using data

1. Organizations and individuals utilizing and using data shall have rights to:

a) utilize and use data for appropriate purposes;

b) request competent agencies to deal with difficulties that affect their rights to utilize and use shared data.

2. Organizations and individuals utilizing and using data shall be responsible for:

a) complying with this Decree and regulations of competent authorities on connection and data share;

b) utilizing and using data within the correct permissible scope according to regulations on data utilization and use and agreed details regarding sharing data and relevant documents;

c) promptly informing agencies providing data about errors of shared data;

d) cooperating with competent agencies and agencies providing data in dealing with difficulties in sharing and using data.

Article 53. Responsibilities of ministries, ministerial agencies and Governmental agencies

1. Ministry of Information and Communications shall be responsible for:

a) developing and requesting competent authorities to issue national data strategy; guiding implementation of data management, data share and utilization administration in regulatory agencies; monitoring implementation of data administration, data share and utilization administration and data utilization of national database under Article 14 of this Decree;

b) developing and operating national portal;

c) collecting and publicizing list of agencies providing data and list of provided data to enable regulatory agencies to utilize and use. Collecting and managing common schedule data provided for agencies;

d) collecting and assessing connection in form of data sharing on a case-by-case basis to request agencies providing data to change to default data share method;

dd) adopting solutions assisting data share and entities following online public administrative procedures on the basis of connecting and sharing data.

2. Ministry of Planning and Investment shall be responsible for:

Allocating expenditure on investing in construction and upgrade of information systems satisfying requirements regarding data management, connection and share according to this Decree and relevant law provisions.

3. Ministry of Finance shall be responsible for

a) instructing ministries, ministerial agencies, Governmental agencies, People’s Committees of all levels and relevant organizations and individuals to balance and allocate expenditure on investing in information infrastructure and systems serving data sharing;

b) allocating concurrent expenditure for managing, connecting and sharing data according to Law on State Budget and guiding documents.

4. Ministry of Public Security shall be responsible for

Guiding and adopting measures to ensure cyber security during connection and digital data share.

5. Ministries, ministerial agencies and Governmental agencies shall be responsible for

a) implementing and directing entities specialized in information technology to implement tasks specified under this Decree. Organizing implementation and implementing tasks as agencies that provide data for data under their management according to this Decree;

b) developing regulations or technical regulations regarding structure of exchanged data, regulations and procedures for sharing specialized data under their management; issuing regulations on data utilization and use for national database under their management, data bases of ministries and sectors under their management;

c) allocating expenditure for connection and data share;

d) based on practical situations, adjusting and proposing to adjust legislative documents to simplify administrative procedures and specialized administrative on the basis of utilizing shared data.

Article 54. Responsibilities of People’s Committees of provinces and central-affiliated cities

1. Implementing and directing entities specialized in information technology to implement tasks assigned under this Decree. Organizing implementation and implementing tasks as agencies that provide data for data under their management according to this Decree.

2. Issuing regulations on data utilization and use for provincial databases under their management.

3. Requesting provincial People’s Councils to allocate expenditure on managing, connecting and sharing data according to Law on State Budget and relevant guiding documents.

4. Directing affiliated agencies and entities to develop connection and data use measures; developing compatible information system to be ready for connecting and sharing data with national database; databases of ministries, sectors and information systems serving operation of regulatory agencies.