Chương II Nghị định 52/2015/NĐ-CP về Cơ sở dữ liệu quốc gia về pháp luật: Xây dựng, quản lý, duy trì, cập nhật, khai thác và sử dụng văn bản trên cơ sở dữ liệu quốc gia về pháp luật

Chapter II

BUILDING, MANAGEMENT AND MAINTENANCE OF, UPDATING OF DOCUMENTS TO, AND EXPLOITATION AND USE OF DOCUMENTS IN, THE NATIONAL LAW DATABASE

Section 1. BUILDING, MANAGEMENT AND MAINTENANCE OF THE NATIONAL LAW DATABASE

Article 7. Principles of building, management and maintenance of the national law database

1. The national law database shall be built into a centralized and unified one.

2. The national law database shall be strictly managed, ensuring safe and permanent caches.

3. The national law database shall be maintained so as to ensure uninterrupted, stable and smooth operation, meeting needs of agencies, organizations and individuals for exploitation and use of documents.

Article 8. Building of the national law database

1. The building of the national law database must ensure:

a/ The database be in line with the national information system architecture, meet database standards, information technology standards and technical regulations and techno-economic norms;

b/ The database’s system and applied software be designed in a way that ensures compatibility, integrability and information sharing and expandability of data fields.

2. The structure design of the national law database must facilitate its expansion and development.

Article 9. Operation, maintenance, monitoring, upgrading and development of the national law database

1. To ensure the information technology infrastructure system, equipment and environment for the installation and operation of the national law database.

2. To take measures to ensure physical and environmental safety at the electronic data center. To adopt measures to control travel in and out of this area.

3. To take data backup measures so as to ensure the restoration of the system upon occurrence of incidents. Backup data shall be safely protected, periodically checked and restored on a trial basis so as to be ready for use when necessary.

4. To take measures to maintain and repair the national law database so as to ensure that it can operate uninterruptedly around the clock.

5. To monitor the national law database so as to give warnings about acts threatening the safety of the database.

6. To periodically review and propose plans to upgrade and develop hardware and software systems of the national law database to suit practical demand.

Article 10. Assurance of safety for the national law database

1. To apply a user encryption and verification channel for signing in system administration; logging in applications; automatic sending and receipt of data between servers; data input and editing.

2. To encrypt transmission lines of the national law database.

3. To apply measures to ensure the authenticity and protect the integrity of data in the national law database.

4. To record traces of any creation, change or deletion of data and information, serving the system management and monitoring.

5. To establish and maintain a backup system to ensure uninterrupted operation of the system.

6. To take other necessary measures to ensure safety for the national law database.

Article 11. Management of administrator accounts of the national law database

The Ministry of Justice shall manage administrator accounts as follows:

1. To grant and revoke administrator accounts of the national law database.

2. To delegate the right to administer each component database.

3. To limit, review and inspect the right to administer the national law database of delegated persons.

Section 2. UPDATING OF DOCUMENTS TO THE NATIONAL LAW DATABASE

Article 12. Principles of updating documents

1. To update documents in an accurate, prompt, integral and complete manner.

2. To use digital signatures to authenticate contents of documents updated to the national law database.

3. Not to publish documents on the list of documents and materials classified as state secrets or documents not for public disclosure on the internet.

Article 13. Responsibilities to update documents

1. Responsibilities to update legal documents

a/ Ministers, heads of ministerial-level agencies and heads of other central state agencies shall update legal documents promulgated or drafted by their ministries or agencies.

The Minister of Justice shall update documents promulgated by the National Assembly or jointly promulgated by the National Assembly and other entities but not drafted by ministries, ministerial-level agencies and other central state agencies;

b/ Provincial-level People’s Committee chairpersons shall update legal documents promulgated by provincial-level People’s Councils and People’s Committees.

2. Responsibilities to update consolidated documents:

a/ Ministers, heads of ministerial-level agencies and heads of other central state agencies shall update consolidated documents which their ministries or agencies have consolidated according to their competence as prescribed in the Ordinance on Consolidation of Legal Documents;

b/ Ministers, heads of ministerial-level agencies and heads of other central state agencies shall update documents consolidating documents promulgated by the National Assembly, which were drafted by their ministries or agencies.

c/ The Minister of Justice shall update consolidated documents other than those to be updated by the agencies specified at Points a and b, Clause 2 of this Article.

3. In case ministries, ministerial-level agencies and other central state agencies are divided or merged, the responsibilities to update documents are as follows:

a/ In case an agency is divided into several new agencies, these new agencies shall update documents in the fields under their management, which are promulgated by the divided agency before the division.

b/ In case many agencies are merged together into a new agency, the new agency shall update documents promulgated by the merged agencies before the merger.

4. In ease of adjusting the administrative boundaries of provinces and centrally run cities (below collectively referred to as provinces), the responsibilities to update documents are as follows:

a/ In case a province is divided into several new provinces, the People’s Committee of the new province where the People’s Committee of the divided province is located shall update documents promulgated by the People’s Council and People’s Committee of the divided province before the division.

b/ In case many provinces are merged to form a new province, the People’s Committee of the new province shall update documents promulgated by People’s Councils and People’s Committees of the merged provinces before the merger.

5. Legal affairs sections shall assist ministers and heads of ministerial-level agencies; provincial-level Justice Departments shall assist provincial-level People’s Committee chairpersons, in updating documents.

6. For agencies without legal affairs sections, their heads shall assign an attached unit to update documents.

Article 14. Process of updating documents

1. The updating of a document shall be conducted in the following process:

a/ Using the original document for updating;

b/ Checking and comparing the electronic version of the document with the original so as to ensure accuracy, completeness and integrity of the document contents;

c/ Updating information of the document as specified in Clauses 2 and 3. Article 3 of this Decree;

d/ Attaching files to the document:

The format of attached files must comply with that stated in the list of technical regulations on application of information technology in state agencies promulgated by the Ministry of Information and Communications. One of these attached files shall be affixed with a digital signature to authenticate the integrity of the document contents;

dd/ Ratifying and publishing the document.

2. Agencies responsible for updating documents shall base themselves on results of review of legal documents under the Government s Decree No. 16/2013/ND-CP of February 6,2013, on review and systematization of the system of legal documents, to compare and update information of documents in the national law database.

Article 15. Checking of document updating results

1. Documents in the national law database shall be checked in order to detect and correct errors in e-documents compared to their originals.

2. To-be-checked contents:

To use original documents to check the displayed information specified in Clauses 2 and 3, Article 3 of this Decree.

3. Responsibilities to check documents:

a/ Agencies responsible for updating documents prescribed in Article 13 of this Decree shall check document updating results;

b/ Documents shall be checked regularly at the time prescribed by ministries, ministerial- level agencies, other central state agencies or provincial-level People’s Committees on the principle of ensuring accuracy and timeliness of updated documents.

Article 16. Time limit for provision of documents

1. Within 2 working days after a legal document is promulgated or signed for promulgation or a consolidated document is signed for authentication, the unit assisting the minister, ministerial- level agency head, central state agency head or provincial-level People s Committee chairperson in drafting the document shall send the paper document and its electronic file to the unit in charge of updating documents.

2. The following legal documents shall be sent to the units in charge of updating documents right on the date of promulgation or date of signing for promulgation:

a/ Documents that provide implementation measures in state of emergency, documents promulgated to meet natural disaster and epidemic prevention and control requirements in accordance with the Law on Promulgation of Legal Documents.

b/ Documents that take effect on the date of promulgation or date of signing for promulgation.

Article 17. Time limit for publishing documents

1. Within 15 working days after receiving a document prescribed in Clause 1. Article 16 of this Decree, the unit in charge of updating documents shall publish the document on the national law database.

2. Within 2 working days after receiving a document prescribed in Clause 2. Article 16 of this Decree, the unit in charge of updating documents shall publish the document on the national law database.

Section 3. EXPLOITATION AND USE OF DOCUMENTS IN THE NATIONAL LAW DATABASE

Article 18. Principles of exploitation and use of documents

1. The national law database must guarantee the right of organizations and individuals to access, exploit and use documents; and ensure convenient document search and reference.

2. Agencies, organizations and individuals may exploit and use documents in the national law database free of charge.

Article 19. Responsibilities of agencies, organizations and individuals in exploitation and use of documents

1. To comply with current regulations in use of information in the internet.

2. To comply with regulations on exploitation and use of documents in the national law database.

3. Document exploiters and users are encouraged to promptly report errors in published documents to agencies having updated such documents for correction. In case of impossibility to identify the agencies having updated the documents, exploiters and users should report errors to the Ministry of Justice for the latter to request the agencies having updated the documents to correct the documents.

Article 20. Correction of documents

1. When detecting or receiving reports on a difference between an e-document and its original regarding the information specified in Clauses 2 and 3, Article 3 of this Decree, the agency having updated the document shall correct the document.

2. The correction of the document shall be promptly carried out within one working day after errors are detected or reported.

3. After correcting the document, the agency having updated the document shall publish corrected contents on the national law database.

Article 21. Extraction from, connection to and integration with the national law database

1. The page or section “legal documents” on portals or websites of ministries, ministerial- level agencies, other central state agencies and provincial-level People’s Committees must be extracted from the national law database.

2. Upon upgrading or building of other specialized databases where documents are used, their connectability and integrability with the national law database must be ensured.

3. Units in charge of information technology of ministries, ministerial-level agencies, other central state agencies and provincial-level People’s Committees shall perform the jobs prescribed in Clauses 1 and 2 of this Article.

4. The connection and exchange of documents between the national law database and other information systems containing documents shall be carried out under the technical guidance on transferability between document management and administration systems of state agencies.