Chương IV Nghị định 87/2020/NĐ-CP: Quản lý nhà nước đối với cơ sở dữ liệu hộ tịch điện tử

Chapter IV

STATE MANAGEMENT FOR ELECTRONIC CIVIL STATUS DATABASE

Article 16. Responsibilities of agencies managing electronic civil status database

1. Agencies managing electronic civil status database within their competence are responsible for:

a) ensuring information infrastructure and relevant equipment to guarantee continuous, stable and coherent operations of electronic civil status database;

b) implementing measures to ensure physical, environmental safety, social order and safety at areas and offices where equipment and data serving operation of electronic civil status database is stored;

c) periodically examining and proposing methods of upgrading and developing information technology infrastructure serving extraction and use of electronic civil status database satisfactory to practical demands in each agency.

2. Ministry of Justice in addition to responsibilities specified under Clause 1 of this Article, is also responsible for:

a) adopting measures to ensure cyber security and information system safety for electronic civil status database;

b) adopting measures to backup, maintain and repair, prepare backup equipment to guarantee that computer system, network, equipment, software and application are capable of serving continuous operations of the electronic civil status database and ensure ability to restore the system and not be interrupted due to technical difficulties;

c) issuing and organizing implementation of regulations on extraction and use of electronic civil status database to ensure effective and legal connection and data sharing of electronic civil status database.

Article 17. Management of user account

1. Ministry of Justice shall manage user accounts throughout the systems; issue, revoke and change accounts, decentralize access to common civil registration and management system for users in Ministry of Justice, Ministry of Foreign Affairs and Departments of Justice.

2. Ministry of Foreign Affairs shall manage accounts, issue, revoke and change accounts of users who are members of diplomatic missions and consular posts assigned to perform civil status related affairs for representative missions as assigned by Ministry of Justice.

3. Departments of Justice shall manage accounts, issue, revoke and change accounts of users who are civil status officials in Justice Agencies, People’s Committees of communes, wards and towns eligible as specified under Article 72 of Law on Civil Status at request of Justice Agencies.

4. Heads of agencies and entities issued with accounts are responsible for managing accounts in their agencies and entities.

5. Users issued with accounts are responsible for securing account information according to regulations and law on information safety; in case of suspicion or discovery of disclosure of account information, immediately contact competent agencies capable of managing account for solution,

Article 18. Backup, recovery and safety assurance of electronic civil status database

1. Electronic civil status database shall be backed up regularly, continuously while keeping up-to-date and maintaining data integrity.

2. If necessary, Ministry of Justice shall use electronic civil status database which has been backed up to recover data for another electronic civil status database and information for relevant civil registration agencies to examine, inspect, add and revise to ensure data consistency.

3. Ministry of Justice is responsible for identifying safety level of information system for electronic civil status database, adopting measures to ensure safety of information system satisfactory to the safety level according to regulations and law on cyberinformation security

Article 19. Responsibilities for state management of Ministry of Justice

Ministry of Justice shall perform direct state management for electronic civil status database and have following tasks and powers:

1. Requesting the Government to issue or issuing within their competence legislative documents on electronic civil status database; documents guiding development, extraction, use, connection and sharing data with electronic civil status database.

2. Developing, managing and maintaining electronic civil status database; ensuring technical infrastructure serving electronic civil status database to ensure continuous and stable operations satisfying Article 4 of this Decree.

3. Developing and requesting the Government to consider and approve, considering or approving within their competence upgrade and development of electronic civil status database.

4. Guiding, training and improving administration, extraction and use of electronic civil status database.

5. Monitoring, examining, encouraging and supervising data update on electronic civil status database.

6. Connecting and sharing digital data between electronic civil status database and national databases and other databases of ministries and local governments as per the law.

7. Issuing copies of civil status excerpts, verifying civil status information within their competence; issuing documents guiding, operating and instructing timely solutions for difficulties related to extraction and use of electronic civil status database for civil registration on a nationwide scale.

8. Rectifying or directing rectification in case of errors on the electronic civil status database.

Article 20. Responsibilities of Ministry of Foreign Affairs

1. Cooperating with Ministry of Justice in performing state management regarding civil status and implementing this Decree in representative missions.

2. Ensuring expenditure, resources and safety conditions for online civil registration in representative missions.

3. Recording civil registration figures in Ministry of Foreign Affairs and representative missions and submitting to Ministry of Justice for consolidation and report to the Government as per the law.

Article 21. Responsibilities of Ministry of Finance

1. Guiding collection, submission, management and use of fees specified under Clause 2 Article 9 of this Decree.

2. Cooperating with Ministry of Justice in preparing estimates, issuing recurrent expenditure on a regular or irregular basis, ensuring expenditure on development, update, management, extraction and use of electronic civil status database from state budget according to Law on State Budget and relevant law provisions.

Article 22. Responsibilities of ministries, ministerial agencies and other central regulatory authorities

1. Ministry of Public Security shall cooperate with Ministry of Justice in ensuring cyber security, connecting and sharing data between electronic civil status database and national population database.

2. Ministry of Information and Communications shall cooperate with Ministry of Justice in ensuring safety, connecting and sharing electronic civil status database.

3. Ministry of Planning and Investment shall cooperate with Ministry of Justice in allocating appropriate funding sources for development of electronic civil status database; extracting and using electronic civil status database, sharing relevant data serving recording affairs and publicizing national and disciplinary statistical indicators regarding birth, death and marriage.

4. Ministries, ministerial agencies and other regulatory agencies shall cooperate with Ministry of Justice in connecting, extracting and using electronic civil status database as per the law; providing information, comparing, examining, and revising civil status information of individuals in databases under management of ministries in case of inconsistency with electronic civil status database; ensuring safety and protecting private life, personal secrets and family secrets as per the law when extracting and using electronic civil status database.

Article 23. Responsibilities of People’s Committees of all levels

1. People’s Committees of provinces and central-affiliated cities are responsible for directing allocation of expenditure for civil registration and management agencies to develop electronic civil status database as specified under this Decree, allocating expenditure on updating, managing, extracting and using electronic civil status database annually.

2. People’s Committees of districts, communes, towns affiliated to provinces and towns affiliated to cities; People’s Committees of communes, wards and townlets shall direct and ensuring equipment, infrastructure and expenditure on developing, updating, extracting and using electronic civil status database under their management.