Chương 1 Nghị định 64/2007/NĐ-CP: Quy định chung

Chapter I

GENERAL PROVISIONS

Article 1- Governing scope

This Decree provides for information technology application in state agencies' operations.

Article 2 - Subjects of application

This Decree applies to state agencies, including ministries, ministerial-level agencies, government- attached agencies, People's Committees at various levels, and non-business units funded with the state budget.

Article 3.- Interpretation of terms

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

1. Information technology application in state agencies' operations means the use of information technology in operations of state agencies with a view to raising the quality and efficiency of internal operations of state agencies, coordination among state agencies and transactions between state agencies and organizations as well as individuals, stepping up administrative reforms and ensuring publicity and transparency.

2. Information safety covers managerial, professional and technical operations related to information systems aiming to protect and restore information systems, services and contents from incidental risks or risks caused by humans. The protection of information, property and humans in information systems aims to ensure that these systems properly perform their functions and serve proper subjects in a ready, accurate and reliable manner. Information safety implies information protection and confidentiality, data safety, computer safety and network safety.

3. Metadata means information describing the properties ofdata such as contents, formats, quality, conditions and other properties in order to facilitate the process of searching, accessing, managing and storing data.

4. Common-use solutions and products (hardware, software, digital information) means solutions and products created for application in different state agencies. Solutions and products are considered common-use ones under decisions of competent state agencies.

5. Personal information means information which is adequate to accurately identify the identity of an individual, covering at least one of the following information: full name, date ofbirth, profession, title, contact address, e-mail address, telephone number, ID number and passport number. Personal secrets include medical records, tax payment dossiers, social insurance card's numbers, credit cards' numbers and other personal secrets.

6. Public administrative services means services related to law enforcement activities provided not for profit purposes by state agencies (or authorized organizations or enterprises) to organizations and individuals in the form of legally valid papers in the domains under their respective management.

7. Technical infrastructure means a set of computer equipment (servers and terminals), peripheral devices, network-connecting devices, auxiliary devices, local-area networks and wide-area networks.

8. E-documents means documents in the form of data massage.

9. EPC bidding package means a bidding package covering all jobs of designing, supply of equipment and supplies, and construction and installation.

Article 4.- Information publicity and transparency in the network environment

1. State agencies shall publicly, transparently, promptly, fully and accurately supply in the network environment information defined in Clause 2, Article 28, ofthe Law on Information Technology, laws on corruption prevention and combat, thrift practice and waste combat as well as other provisions of law on information publicity and transparency.

2. The supply, exchange and share of information classified as state secrets, business secrets and personal secrets must comply with the relevant provisions of law.

Article 5.- Protection of personal information held by state agencies in the network environment

1. State agencies that collect, process and use personal information in the network environment shall comply with the provisions of Article 21 of the Law on Information Technology.

2. Measures for protecting personal information include notifying the use purposes of personal information; supervising the processing ofpersonal information; promulgating procedures for inspection, correction or cancellation of personal information; and other technical measures.

3. State agencies holding information classified as personal secrets shall protect such information and may only supply such information to or share such information with a competent third party in some specific cases specified by law.

Article 6.- Information digitization and data storage

1. Information created by ministries, ministerial- level agencies, government-attached agencies and People's Committees ofprovinces and centrally run cities (hereinafter collectively referred to as provincial-level People's Committees) must be in the digital form and stored in accordance with prescribed standards and technical regulations so as to assure safe and convenient information management, access or search.

2. Digital information must be periodically reproduced and stored according to regulations promulgated by competent state agencies defined in Article 49 of this Decree.

3. State agencies shall work out plans on the diitalization of information sources not vet in the digital form in the priority order of time and importance.

4. Ministries, ministerial-level agencies, government-attached agencies and provincial-level People's Committees shall provide for the information digitalization and data storage responsibilities of their dependent units and organizations, depending on the practical situation of their respective branches and localities.

Article 7.- Share of digital information

1. State agencies shall promulgate regulations on the share of digital information in order to ensure synchrony and smoothness in the common use of information on work management, administration and coordination and other information among state agencies.

2. Regulations on the share of digital information among state agencies must abide by the following main principles:

a/ Satisfaction of the information safety requirements specified in Article 41 of this Decree;

b/ Consistency with regulations on building, management, exploitation, protection and maintenance ofnational databases and databases of ministries, ministerial-level agencies, government- attached agencies and provincial-level People's Committees;

c/Non-collection ofdigital information supplied or shared by other state agencies, ifsuch information is accurate and reliable, unless otherwise provided for by law;

d/ Protection of personal secrets and intellectual property rights.

Article 8.- Enhancing the use of e-documents

1. Heads of state agencies at various levels shall direct the application of information technology to the handling of work and enhance the use of e- documents to incrementally replace paper documents in the management, administration and exchange of information.

2. Administrative forms necessary for the settlement of affairs of citizens and organizations shall be step by step standardized under the provisions ofArticle 19 ofthis Decree and published on websites of state agencies.

3. Unless otherwise provided for by law, local- area networks of state agencies must be connected to the Government's information infrastructure to facilitate the sending, exchange and processing of administrative documents among themselves and with other agencies or organizations via the network environment.

4. State agencies shall elaborate and promulgate regulations on the use of local-area networks,

ensuring the efficient exploitation of e-transactions in the handling ofwork by cadres, civil servants and employees as well as information safety in accordance with Article 41 of this Decree; and train cadres, civil servants and employees in knowledge and skills ofapplying information technology to their work.

5. Databases of state agencies shall be fully updated or have links to legal documents and instructive documents ofsuperior authorities so that cadres, civil servants and employees can refer to information in the network environment in order to reduce the duplication ofpaper documents received from superior agencies for subsequent sending to subordinate agencies and organizations.

Article 9.- Assurance of efficiency and thrift

1. Information technology application must be associated with the raising of operation efficiency of state agencies and comply with the laws on investment and thrift practice and waste combat in investment projects on information technology application.

2. Information technology application projects shall be carried out in a coordinated manner in terms of investment contents, execution scope and time in order to avoid investment overlap. To encourage investment in common-use solutions and products.

3. Investors shall report on their information technology application projects to state management agencies in charge of information technology. The reported information shall be stored in national databases or databases of ministries, ministerial-level agencies, government-attached agencies or provincial-level People's Committees, depending on the nature and scope of the projects. The reported information includes contents and results of information technology application projects which are underway or have been completed; common- use solutions and products; technologies and experience drawn from the project execution.