Thông tư 09/2015/TT-BGTVT Quy định về cung cấp, quản lý và sử dụng dữ liệu từ thiết bị giám sát hành trình của xe ô tô do Bộ Giao thông vận tải ban hành

CIRCULAR

REGULATIONS ON PROVISION, MANAGEMENT AND USE OF DATA FROM VEHICLE TRACKING DEVICES

Pursuant to the Law on Road traffic dated November 13, 2008;

Pursuant to the Government’s Decree No. 107/2012/NĐ-CP dated December 20, 2012 defining the functions, tasks, entitlements and organizational structure of the Ministry of Transport;

Pursuant to the Government’s Decree No. 86/2014/NĐ-CP dated September 10, 2014 regulating business and conditions for business in car transportation;

Pursuant to the Government’s Decree No. 64/2007/NĐ-CP dated April 10, 2007 applying information technology to activities of regulatory agencies;

At the request of General Director of Department of Science and Technology and General Director of Directorate for Roads of Vietnam,

The Minister of Transport promulgates the Circular regulating provision, management and use of data from vehicle tracking devices.

Chapter I

GENERAL PROVISIONS

Article 1. Governing scope

This Circular regulates provision, management and use of data from vehicle tracking devices (hereinafter referred to as the tracking device).

Article 2. Regulated entities

This Circular applies to transport businesses, passenger and goods stations, vehicle tracking service providers and agencies, organizations, and individuals in connection with provision, management and use of data from the tracking device across the country.

Article 3. Interpretation of terms

In this Circular, some terms are construed as follows:

1. Information system means a collection of hardware equipment, softwares and transmission lines for the reception, management and exploitation of data from the tracking device.

2. Data mean a collection of structured information transmitted from the tracking device to server and from server to Directorate for Roads of Vietnam.

3. Server means the server of transport businesses or journey monitoring service providers (hereinafter referred to as service providers) performing reception of data transmitted from the tracking device and transmitting such data to Directorate for Roads of Vietnam as prescribed.

4. Vehicle journey monitoring service providers (hereinafter referred to as the service providers) mean the units performing provision of services of management, exploitation, compilation, analysis and storage of data from the tracking device under a contract with the transport businesses.

Chapter II

PROVISION, MANAGEMENT AND USE DATA FROM VEHICLE JOURNEY RECORDERS

Article 4. Provision of data

1. Requirements for provision of data: Data to be provided are divided into two types including data identifiers and tracking data.

a) Data identifiers include name of the transport businesses, name of the Services of Transport (issuer of business license), license plates; payload (number of passengers or quantity of goods permitted to participate in traffic), type of business. This type of data is connected to tracking data.

b) Driver’s license, speed, time and coordinates of vehicles must be continuously updated to tracking data.

2. Data from the tracking device must be transmitted to server with a frequency no more than 30 seconds/time when the vehicle is in motion and no more than 15 minutes/time when the vehicle stops working.

3. Data must fully accord with the structure as prescribed in Appendix 1 hereof and must ensure the following requirements:

a) Data from the tracking device must be transmitted to server of Directorate for Roads of Vietnam no more than two minutes since server receives the data;

b) Data from the tracking device transmitted through server services to server of Directorate for Roads of Vietnam must ensure sequence of time. In case the transmission line interrupts, both old and new data shall be transmitted simultaneously when the transmission line resumes;

c) Open standard application layer protocol AMQP (Advanced Message Queuing Protocol); Message formats according to Protocol Buffers;

4. Server service and server of Directorate for Roads of Vietnam taking part in transmission and reception of data from the tracking device must be synchronized with national time according to NTP (Network Time Protocol).

5. Data must be provided in a timely and accurate manner without amendments or falsifications before or during the transmission.

Article 5. Regulations on determination of violation

1. Violations of speed, driver’s uninterrupted period in motion, driver’s working period in a day, violations of data transmission is calculated and determined according to the method commonly agreed on server services and server of Directorate for Roads of Vietnam.

2. Calculations of violation of vehicle speed:

a) Method of calculating violation of vehicle speed is instructed in accordance with Appendix 2 hereof;

b) Softwares of server shall calculate speed in violation limit speed based on the traffic sign or limited speed areas announced by road management agencies.

3. Calculations of violation of driver’s uninterrupted period in motion

a) Driver’s uninterrupted period in motion is determined when the driver starts operating the vehicle (car starts to run) until it stops for more than 15 minutes or changes driver.

b) Violation of driver’s uninterrupted period in motion is determined when the driver drives the vehicle continuously from four hours and more without stopping for a minimum of 15 minutes.

4. Calculations of violation of driver’s working time in a day

a) Driver’s working day is determined when the driver starts to run the vehicle until it reaches 24 hours or when the driver takes a break for from 14 hours and over;

b) Driver’s working time is considered as violating when total driving time in a working day exceeds 10 hours.

Article 6. Regulations on use of data

1. Exploitation of data from the tracking device is instructed in accordance with the Law on Application of Information Technology to state agencies' activities.

2. Data from the tracking device is exploited and used to serve the task of management by the transport businesses and state agencies; to serve the task of handling of violation as instructed by the Ministry of Transport; to serve scientific research and other tasks to ensure traffic safety.

3. Information and data from the database of the tracking device connected with electronic communication networks must be kept confidential according to the Law on Information Technology.

4. General information about violations recorded through the tracking device on the information system of Directorate for Roads of Vietnam shall be made public on the website of Directorate for Roads of Vietnam.

Chapter III

DECENTRALIZATION OF MANAGEMENT AND RESPONSIBILITIES OF AGENCIES, UNITS

Article 7. Decentralization of management, exploitation and use of data from the tracking device

1. Directorate for Roads of Vietnam shall manage the information system ensuring uniformity across the country; compile input data transmitted from the transport businesses or service providers for analysis according to the following criteria:

a) Total number of violations by date;

b) Total number of violations by act of violation;

c) Total number of violations per 1,000 kilometers by each vehicle, transport business and the Service of Transport;

d) Ratio of total kilometers in violation and total kilometers of vehicle in motion (%);

dd) Compile vehicles that commit highest number of violations of speed;

e) Compile the transport businesses, the Services of Transport that commit highest number of violations per 1,000 kilometers;

g) Ratio of number of drivers in violation of continuous driving period, driver’ working period in a day and number of days a vehicle is in motion.

h) Number of times and period of no data transmission by each transport business, the Service of Transport;

i) Compile situation of violations by route and different points of time;

2. The Services of Transport shall carry out exploitation and management of data on license plates, payload (number of passengers or quantity of goods permitted to participate in traffic), name of the transport business and other data on journey, speed, continuous driving time, driver's working time in a day by each transport business under direct management of the Services of Transport via a username and a password provided to get access to the information system of Directorate for Roads of Vietnam.

3. Passenger and goods stations are provided usernames to get access to the database of Directorate for Roads of Vietnam for management of vehicles operating at the stations.

4. Authorized transport businesses or service providers are provided usernames to get access to the database of Directorate for Roads of Vietnam for comparison and verification of transmitted original data.

Article 8. Responsibilities of Directorate for Roads of Vietnam

1. Carry out investment and construction of information system; manage, upgrade and maintain hardware equipment, softwares and data transmission lines of the information system, exploit and use data from the tracking device;

2. Develop softwares to receive, compile and analyze data transmitted from transport businesses, service providers according to Form as prescribed in Appendices from 3 to 21 hereof: Make warnings on the Portal of Directorate for Roads of Vietnam as notifications to the units operating the tracking device about no data being transmitted for from 30 minutes and over or about problems to the transmission line, or to the server of Directorate for Roads of Vietnam;

3. Ensure continuity and accuracy of information and data from the tracking device on the information system being provided to agencies, units as operators and competent state management agencies on request; take responsibilities for accuracy and genuine of information and data provided.

4. Provide usernames for data transmission to transport businesses or service providers authorized; usernames for getting access to the Portal of Directorate for Roads of Vietnam provided to units under decentralization of management, exploitation and use as prescribed in Article 7 hereof.

5. Provide guidance to transport businesses, service providers on manner and process of transmission of data to Directorate for Roads of Vietnam;

6. Exploit and use data from the tracking device on the information system of Directorate for Roads of Vietnam to serve state administration for activities of transportation, particularly as follows:

a) Manage, investigate and inspect activities of transportation across the country;

b) Serve the task of investigation and handling of traffic accidents at the request of competent agencies;

c) Assess compliance with regulations on activities of transportation across the country by transport businesses and the Services of Transport;

7. Provide guidance on use, updating, exploitation and management of the information system from the tracking device to the Services of Transport;

8. Arrange staff to monitor and operate the information system to ensure continuity of operation during the exploitation and use of data from the tracking device;

9. Store data on violations for at least three years on the information system of Directorate for Roads of Vietnam; Ensure confidentiality and safety of data on the information system.

10. Request the Services of Transport to handle violations committed by drivers, transport businesses in the administrative divisions, speed up the Services of Transport to make the report on result of handling;

11. Handle or request competent authorities to handle responsibilities of the Services of Transport, transport businesses and relevant agencies and organizations as prescribed;

12. Announce data on coordinates, height of traffic signs (for speed limit) on national and high-speed routes;

13. On a monthly basis, post data analyzed and compiled on the Portal of Directorate for Roads of Vietnam; Make reports on a quarterly, six-month and annual basis or at the request of the Ministry of Transport on violations in transport business activities through data from the tracking device and results of handling made by agencies and unit across the country;

Article 9. Responsibilities of the Services of Transport

1. Arrange staff to monitor, exploit and use data from the tracking device on the information system of Directorate for Roads of Vietnam, local transport businesses to serve the task of management including:

a) Manage, investigate and inspect activities of transportation;

b) Monitor, correct and handle violations in activities of transportation committed by transport businesses;

c) Assess compliance with regulations on transport management by local transport businesses;

d) Investigate and handle traffic accidents at the request of competent agencies;

2. Inspect, update and compare information and ensure accuracy of data transmitted to Directorate for Roads of Vietnam by transport businesses and service providers for exploitation and use of data from the tracking device including name of the Services of Transport, name of transport business, license plates, payload (number of passengers or quantity of goods permitted to participate in traffic), type of business of transport businesses and number of transport vehicles subject to installation of the tracking device;

3. Ensure security of usernames and passwords to get access to the information system, exploit and use data from the tracking device on the information system of Directorate for Roads of Vietnam;

4. Request local transport businesses to carry out handling acts of violation committed by drivers; monitor and speed up units to report results of handling;

5. Handle or request competent authorities to handle responsibilities of transport businesses in the administrative divisions as prescribed;

6. Handle responsibilities of organizations and individuals for provision, management and use of data from the tracking device;

7. Announce data on coordinates, directions of traffic signs on routes of local management on the Portal of the Services of Transport;

8. Make reports on a quarterly, six-month and annual basis or at the request of Directorate for Roads of Vietnam on violations and results of handling made by localities and transport businesses in the administrative division;

Article 10. Responsibilities of transport businesses

1. Invest, maintain hardware equipment, softwares and data transmission lines located at their own offices ensuring compatibility with data reception softwares of Directorate for Roads of Vietnam;

2. Transmit accurate and adequate data to Directorate for Roads of Vietnam as prescribed in Point b, Clause 1, Article 4 hereof;

3. Ensure objectivity, accuracy and timeliness in the provision of data, no amendments or falsifications to the data transmitted to Directorate for Roads of Vietnam;

4. Arrange staff to monitor and exploit data on softwares of the tracking device serving the task of management; inspect accuracy of information on license plates, payload, types of transport business, name of drivers, registration number of driver’s licenses within management;

5. Carry out systematic storage of compulsory information for at least one year;

6. Ensure confidentiality and safety of data for the information system from the tracking device at the units and on the information system of Directorate for Roads of Vietnam;

7. Handle responsibilities of relevant individuals and departments for management, monitoring, exploitation and use of data according to law provisions; carry out timely handling of drivers committing acts of violation as prescribed in the units’ statute;

8. Directly execute or entrust service providers via a contract as prescribed in Clauses 1, 2, 3, 5 and 6 hereof;

9. Make reports on a monthly, annual basis or at the request of the Services of Transport on result of handling violations;

Article 11. Responsibilities of units doing business at passenger and goods stations (hereinafter referred to as station operators)

1. Exploit data from the tracking device on the information system of Directorate for Roads of Vietnam to serve the monitoring and management of vehicles at the stations;

2. Inspect the information system of Directorate for Roads of Vietnam to ensure data on vehicles is sufficient; For any vehicle without information on the information system of Directorate for Roads of Vietnam, station operators must be responsible for requesting confirmations from the driver, and making the report to the Services of Transport within five working days since the driver confirms no data is available on the information system of Directorate for Roads of Vietnam.

3. Ensure security of usernames and passwords to get access to the information system, exploit and use data from the tracking device on the information system of Directorate for Roads of Vietnam;

Article 12. Responsibilities of service providers

1. Invest and maintain facilities, softwares for providing and transmitting data under the contract signed with transport businesses and ensure compatibility with data reception softwares of Directorate for Roads of Vietnam;

2. Ensure objectivity, accuracy and timeliness in the provision of data, no amendments or falsifications to the data transmitted to Directorate for Roads of Vietnam; ensure confidentiality and safety of data provided to transport businesses;

3. Make timely provision of accurate information and data at the request of competent state management agencies; take responsibility for accuracy and honesty of information, data transmitted to Directorate for Roads of Vietnam;

4. Develop data exploitation softwares according to QCVN 31:2014/BGTVT (National technical regulations on vehicle tracking devices) for transport businesses to operate and manage vehicles;

5. Have solutions for replacement in case devices installed on transport vehicles are damaged or under maintenance to ensure data on vehicles is uninterrupted during the operation of vehicles;

6. Take responsibility for making warnings about devices transmitting no data from the tracking device through data exploitation software;

Chapter IV

EFFECT AND IMPLEMENTATION

Article 13. Effect

This Circular takes effect since June 01, 2015 and replaces the Minister of Transport’s Circular No. 23/2013/TT-BGTVT dated August 26, 2013 regulating provision, management and use of data from vehicle tracking devices.

Article 14. Implementation

1. Directorate for Roads of Vietnam shall be responsible for developing and guiding instructions to relevant units on the execution of this Circular.

2. Chief of the Ministry Office, Chief Inspector, director generals of Directorate for Roads of Vietnam, directors of the Services of Transport of central-affiliated cities and provinces, heads of relevant agencies, organizations and individuals shall be responsible for executing this Circular./.