Circular No. 07/2009/TT-BTNMT detailing certain provisions of Government Decree No. 102/2008/NĐ-CP dated September 15, 2008 on the collection, management, exploitation, and use of data on natural resources and the environment.

CIRCULAR

Detailed regulations on certain provisions of Decree No. 102/2008/NĐ-CP dated September 15, 2008 of the Government

concerning the collection, management, exploitation, and utilization of data on natural resources and the environment

 _________________________________

MINISTER OF NATURAL RESOURCES AND ENVIRONMENT

Pursuant to Decree No. 25/2008/NĐ-CP dated March 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

Pursuant to the Government Decree No. 102/2008/NĐ-CP, September 15, 2008, on the collection, management, exploitation, and utilization of data on natural resources and the environment;

Pursuant to Decree No. 64/2007/NĐ-CP dated April 10, 2007 of the Government on the application of information technology in state agency activities;

Pursuant to Decision No. 179/2004/QĐ-TTg dated October 6, 2004 of the Prime Minister approving the Strategy for the Application and Development of Information Technology in Natural Resources and Environment until 2015 and orientations until 2020;

Considering the proposal of the Director of the Department of Information Technology and the Head of the Legal Department,

c) Enterprises may be granted permission for no more than one block out of the total three dual-frequency blocks (FDD) B

Chapter I DATABASE ON NATURAL RESOURCES AND THE ENVIRONMENT

Article 1. Data on natural resources and the environment

1. Data on natural resources and the environment are original documents, specimens, figures, and statistics including types of data specified in Article 3 of Decree No. 102/2008/NĐ-CP dated September 15, 2008 of the Government on the collection, management, exploitation, and utilization of data on natural resources and the environment (hereinafter referred to as Decree No. 102/2008/NĐ-CP), which have been processed and stored according to regulations.

2. Forms of data on natural resources and the environment include:

a) Figures, statistical results, compilations, reports; figures, investigation, survey, and evaluation results;

b) Approved plans and programs;

c) Results of issuing, extending, and revoking licenses and related contents;

d) Results of compensating losses, resolving disputes, complaints, and denunciations;

đ) Technical standards, economic and technical norms on natural resources and the environment;

e) Results of research projects, programs, and topics on natural resources and the environment;

g) Specimens, maps, charts, films, photographs, drawings, and other information carriers;

h) National reference systems; basic measurement point systems, specialized basic measurement points; geographic information systems;

i) Information on natural resources and the environment (attribute information, monitoring information, etc.) and other forms of data as prescribed.

3. Data on natural resources and the environment must be converted into digital form and stored according to regulations, procedures, standards, and technical norms to ensure safety, easy management, access, and information search. Agencies and units responsible for managing the Database on Natural Resources and the Environment must have plans to digitize data that are not yet in digital form according to priorities based on time and importance. The digitization of data in the Database on Natural Resources and the Environment of Ministries, agencies at the ministerial level, government agencies, provincial People's Committees (hereinafter collectively referred to as provincial People's Committees) shall be regulated by each Ministry, agency at the ministerial level, government agency, and provincial People's Committee according to the actual situation of their respective sectors and localities. Implementation costs for digitizing data shall be in accordance with the law.

Article 2. Database on natural resources and the environment

1. The Database on Natural Resources and the Environment is a collection of data on natural resources and the environment that has been checked, evaluated, processed, integrated, and systematically stored in a structured manner under the form of data files stored on computer systems, storage devices, and information carriers such as hard drives, magnetic tapes, CDs, DVDs, or texts and documents built, updated, and maintained to serve state management and economic, social, defense, security, scientific research, education, and enhancing public awareness activities.

2. The Database on Natural Resources and the Environment includes:

a) The National Database on Natural Resources and the Environment constructed, stored, and managed by the Ministry of Natural Resources and Environment;

b) Sectoral Databases on Natural Resources and the Environment constructed, stored, and managed by Ministries, agencies at the ministerial level, and government agencies (hereinafter referred to as Sectoral Databases on Natural Resources and the Environment);

c) Local Databases on Natural Resources and the Environment constructed, stored, and managed by Provincial Departments of Natural Resources and Environment (hereinafter referred to as Local Databases on Natural Resources and the Environment);

d) Component Databases on Natural Resources and the Environment for land management, water resources, minerals, the environment, geology and minerals, meteorology and hydrology and climate change, surveying and mapping, seas and islands, and other specialized data on natural resources and the environment (hereinafter referred to as Component Databases on Natural Resources and the Environment) constructed, stored, and managed by organizations directly under the Ministry of Natural Resources and Environment responsible for specialized fields.

Article 3. National Resources and Environment Database

1. The National Resources and Environment Database is a unified collection of all data on resources and the environment throughout the country standardized according to national standards based on the integration of databases from each field under the sector of natural resources and environment, digitized for updating, management, and exploitation through information technology systems.

2. The National Resources and Environment Database is connected online between databases of fields within the sector, between the central level and provincial levels, and connected offline with international and regional databases on resources and the environment.

3. The Information Technology Department under the Ministry of Natural Resources and Environment is responsible for building and managing the National Resources and Environment Database, and has the responsibility to:

a) Lead and coordinate with relevant organizations and units under the Ministry to establish specific regulations regarding the scope, extent, and subjects eligible to exploit and use data within the National Resources and Environment Database;

b) Grant and assign access rights to organizations and individuals who have registered to exploit and use data within the National Resources and Environment Database in accordance with regulations;

c) Implement the application of technology to maintain and upgrade the National Resources and Environment Database; manage and operate servers, computing devices, computer networks, ensuring the operation of the National Resources and Environment Database;

d) Develop a unified database management software for databases on resources and the environment to ensure the integration of component databases, sectoral databases on resources and the environment, and local databases on resources and the environment into a seamless and unified system from the central to local levels; guide units managing databases on resources and the environment to use the unified database management software.

4. Based on the approved list of data on national resources and the environment, the Director of the Information Technology Department requests the agencies managing component databases on resources and the environment as stipulated in Clause 3, Article 8 of this Circular to provide and integrate data into the National Resources and Environment Database.

Article 4. Sectoral Resources and Environment Databases, Local Resources and Environment Databases

1. A sectoral Resources and Environment Database is a comprehensive collection of all data on resources and the environment within the scope of state management of Ministries, ministerial-level agencies, and government-affiliated agencies, and data on resources and the environment related to the state management fields of Ministries, ministerial-level agencies, and government-affiliated agencies. Specialized agencies collect, manage, update, exploit, and use data on resources and the environment at Ministries, ministerial-level agencies, and government-affiliated agencies are responsible for assisting the Minister, head of a ministerial-level agency, or head of a government-affiliated agency in establishing the sectoral Resources and Environment Database. Organizations and units under Ministries, ministerial-level agencies, and government-affiliated agencies and agencies managing local Resources and Environment Databases are responsible for providing data to the sectoral Resources and Environment Database in accordance with regulations.

2. A local Resources and Environment Database is a comprehensive collection of all data on resources and the environment collected within the province or centrally-administered city and data on resources and the environment related to state management work, economic and social development requirements, and national defense and security at the local level. The Director of the Department of Natural Resources and Environment directs the Information Technology Center under the Department of Natural Resources and Environment and subordinate units to build, manage, store, update, exploit, and effectively use the local Resources and Environment Database. Departments, sectors, and district People's Committees with data on resources and the environment are responsible for providing data to the local Resources and Environment Database.

Article 5. Provisions on data provision between Resource and Environment Databases

1. Responsibility for data provision:

a) The managing agency of the sectoral Resource and Environment Database and the local Resource and Environment Database shall be responsible for providing the Data Catalogue and processed data to the component Resource and Environment Databases as stipulated in Clause 3, Article 8 of this Circular. The data provided to the component Resource and Environment Databases must be original documents, specimens, figures. The managing agency of the component Resource and Environment Database shall be responsible for receiving, processing, digitizing the data collected by itself and the data provided by the sectoral Resource and Environment Databases and local Resource and Environment Databases to integrate into the National Resource and Environment Database in accordance with the provisions of the Regulation on data provision, construction, management, updating, exploitation, and maintenance of the National Resource and Environment Database;

b) The managing agency of the sectoral Resource and Environment Database and the local Resource and Environment Database shall be responsible for providing the Data Catalogue and processed data related to other sectors under the responsibility of other Ministries and agencies to the Resource and Environment Database of those Ministries and agencies;

c) The managing agency of the sectoral Resource and Environment Database shall be responsible for providing the Data Catalogue and processed data collected or related to the scope of state management over resources and environment within the province or centrally-administered city to the local Resource and Environment Database;

d) The managing agency of the local Resource and Environment Database that shares a border with a province or centrally-administered city shall be responsible for providing the Data Catalogue to the adjacent local Resource and Environment Database.

2. Forms and deadlines for data provision:

a) Forms: - Sending data directly through electronic information networks; - Sending data in writing (through administrative mail routes, postal services).

b) Deadlines: - Provision of various types of resource and environment data specified in legal documents on resources and environment or data provision according to the requirements of competent state agencies shall be carried out strictly in accordance with the relevant regulations and requirements; - Frequency and time for sending data directly through electronic information networks shall be implemented in accordance with the regulations, technical standards, and norms set by the managing agencies of Resource and Environment Databases; - Periodic data provision: Provincial Departments of Natural Resources and Environment shall be responsible for providing data at intervals of six months (from January 1 to June 30) and annually (from January 1 to December 31); the managing agency of the sectoral Resource and Environment Database shall be responsible for providing data once a year (from January 1 to December 31).

Article 6. Requirements for data updated into the Resource and Environment Database

All data before being updated into the Resource and Environment Database must be checked, evaluated, and processed in accordance with the regulations. Depending on the type of data, level of data, form, characteristics, nature of the data, degree of processing, and level of dissemination, data should be updated into the Resource and Environment Database reasonably, scientifically, ensuring accuracy, convenience, and effectiveness in management, exploitation, and utilization, while meeting data security and safety requirements.

1. For results of programs, projects, research topics on resources and environment: the data to be updated is the entire file of results submitted for retention in accordance with the management regulations of programs, projects, and research topics on science and technology.

2. For legal documents; technical standards, technical norms, economic-technical norms on resources and environment; plans and programs; statistical figures, compilation results, reports; survey, investigation, evaluation figures and results: the data to be updated is the documents, files, and records officially published, issued, or approved by competent state agencies (with confirmation stamps).

3. For results of issuing, renewing, revoking licenses and related permit contents: the data to be updated is the entire file and decision of the competent state agency.

4. For data on compensation for damages, dispute resolution, complaints, and denunciations: the data to be updated is the entire case file and the implementation of effective decisions resolving the cases by competent state agencies.

Article 7. Announcement of the List of Environmental and Natural Resources Data

1. The List of Environmental and Natural Resources Data shall be announced on mass media, on the Internet, and on electronic news pages of central and local agencies to serve the community and the economic and social development requirements of the country. The List of Environmental and Natural Resources Data is a list of existing environmental and natural resources data accompanied by guidance on access methods, managing agencies, access addresses, storage locations, and data preservation.

2. The Department of Information Technology and specialized agencies responsible for collecting, managing, updating, exploiting, and using environmental and natural resources data at Ministries, ministerial-level agencies, and government agencies (hereinafter referred to as specialized agencies responsible for collecting, managing, updating, exploiting, and using environmental and natural Resources data of Ministries and sectors) and Provincial Departments of Natural Resources and Environment shall assess the ability to exploit and use data, the level of data dissemination to build the List of Environmental and Natural Resources Data to submit to competent authorities for announcement in accordance with Article 11 of Decree No. 102/2008/NĐ-CP.

3. Every five years, the Department of Information Technology shall take the lead and coordinate with relevant agencies, organizations, and units to compile and issue the Database of Environmental and Natural Resources. Specialized agencies responsible for collecting, managing, updating, exploiting, and using environmental and natural resources data of Ministries and sectors shall compile and issue the Database of Environmental and Natural Resources of their respective sectors. The Provincial Department of Natural Resources and Environment shall take the lead and coordinate with relevant provincial departments and agencies to compile and issue the Database of Environmental and Natural Resources of their respective provinces.

Chapter II SPECIALIZED AGENCIES FOR COLLECTING, MANAGING, UPDATING, EXPLOITING AND USING ENVIRONMENTAL AND NATURAL RESOURCES DATA

Article 8. Specialized agencies for collecting, managing, updating, exploiting and using environmental and natural resources data at the Ministry of Natural Resources and Environment

1. Units under the Ministry of Natural Resources and Environment shall have the responsibility to collect, manage, update, exploit, and use environmental and natural resources data according to assigned tasks and powers, including the following responsibilities and powers:

a) To take the lead or cooperate with related units to develop norms, unit prices, technical standards in the collection, management, updating, exploitation, and use of specialized environmental and natural resources data to be submitted to the Minister;

b) To identify the environmental and natural resources data that need to be collected, and cooperate with the Department of Information Technology to develop plans for collecting environmental and natural resources data;

c) To collect and process environmental and natural resources data according to approved plans based on assigned functions and tasks;

d) To receive environmental and natural resources data, establish, integrate, process, manage, update, exploit, and use specialized databases on environmental and natural resources according to assigned tasks; provide integrated specialized environmental and natural resources data to the Department of Information Technology to build the National Environmental and Natural Resources Database as prescribed;

đ) To provide environmental and natural resources data collected and managed by themselves to organizations and individuals as prescribed; to conclude contracts with organizations and individuals regarding the collection, compilation, processing, storage, and exploitation of environmental and natural resources data as prescribed; to charge fees for the exploitation and use of data from specialized databases on environmental and natural resources as prescribed;

e) To perform other tasks assigned by the Minister.

2. The Department of Information Technology under the Ministry of Natural Resources and Environment is the specialized agency assisting the Minister in managing the collection, management, updating, exploitation, and use of environmental and natural resources data, having the following responsibilities and powers:

a) To take the lead in developing and submitting to the Minister for issuance or to competent authorities for issuance legal documents on mechanisms, policies, and regulations on the collection, management, updating, exploitation, and use of environmental and natural resources data;

b) To take the lead in developing and submitting to the Minister for issuance the Regulation on Providing Data, Building, Managing, Updating, Exploiting, and Maintaining the National Environmental and Natural Resources Database;

c) To take the lead or cooperate with related units to develop norms, unit prices, technical standards for the application and development of information technology in the collection, management, exploitation, and use of environmental and natural resources data, including: specialized environmental and natural resources data standards, common software for databases, internet-based environmental and natural resources data exploitation and use services, environmental and natural resources data security and confidentiality policies;

d) To take the lead and cooperate with related units to develop and submit to the Minister for approval plans for collecting environmental and natural resources data and organize implementation, monitoring, and urging the execution of such plans after approval; to participate in appraising projects and programs for investigating and collecting environmental and natural resources data of units under the Ministry;

đ) To receive integrated data of each field within the scope of management of the Ministry; to organize the establishment, integration, management, exploitation, and use of the National Environmental and Natural Resources Database; to cooperate with units under the Ministry to establish specialized sectoral environmental and natural resources databases within the scope of management of the Ministry; to collect and process environmental and natural resources data according to the Minister's assignment;

e) To provide environmental and natural resources data to organizations and individuals as prescribed; to conclude contracts with organizations and individuals regarding the collection, compilation, processing, storage, and exploitation of environmental and natural resources data; to charge fees for the exploitation and use of data from the National Environmental and Natural Resources Database as prescribed;

g) To compile and submit to the Minister for approval the National List of Environmental and Natural Resources Data and to organize its announcement on mass media, on the Internet, and on the Ministry’s electronic news pages; to compile and issue the database of environmental and natural resources every five years.

h) Guide units under the Ministry, Departments of Natural Resources and Environment in collecting, managing, updating, exploiting, and using data on natural resources and the environment, building databases on natural resources and the environment;

i) Advise the Minister to inspect, supervise, and handle units, organizations, and individuals violating regulations on collecting, managing, updating, exploiting, and using data on natural resources and the environment;

k) Perform other tasks assigned by the Minister.

3. Management agencies for component databases on natural resources and the environment:

a) The Land Administration General Department is responsible for building, managing, and updating the land database;

b) The Environment General Department is responsible for building, managing, and updating the environmental database;

c) The Vietnam Marine and Island General Department is responsible for building, managing, and updating the marine and island database;

d) The Vietnam Geological and Mineral Resources General Department is responsible for building, managing, and updating the geological and mineral resources database;

đ) The Vietnam Surveying and Mapping General Department is responsible for building, managing, and updating the surveying and mapping database;

e) The Water Resources Management General Department is responsible for building, managing, and updating the water resources database;

g) The National Hydro-meteorological Center is responsible for building, managing, and updating the hydro-meteorological database;

h) The Meteorology, Hydrology, and Climate Change General Department is responsible for building, managing, and updating the climate change database;

i) The Legal Affairs Department is responsible for building, managing, and updating the database of legal normative documents on natural resources and the environment;

k) The Science and Technology Department is responsible for building, managing, and updating the database of results from research projects, programs, and topics on natural resources and the environment; technical standards and norms on natural resources and the environment;

4. The National Remote Sensing Center provides remote sensing data to management agencies for component databases specified in points a, b, c, d, đ, e, g, and point h of Clause 3 of this Article according to laws on providing, exploiting, and using national remote sensing databases.

Article 9. Specialized agencies collecting, managing, updating, exploiting, and using data on natural resources and the environment at Ministries, ministerial-level agencies, and government agencies

1. Ministries, ministerial-level agencies, and government agencies assign tasks to Information Centers or subordinate organizations to act as focal points, assisting themselves in managing the collection, management, updating, exploitation, and use of data on natural resources and the environment.

2. Specialized agencies collecting, managing, updating, exploiting, and using data on natural resources and the environment at ministries and sectors have the responsibility to:

a) Take the lead and coordinate with related units to establish quotas, unit prices, and technical standards in collecting, managing, updating, exploiting, and using data on natural resources and the environment within their sector, to be submitted to the Minister, head of a ministerial-level agency, or head of a government agency;

b) Take the lead and coordinate with related units to develop and submit to the Minister, head of a ministerial-level agency, or head of a government agency annual plans for collecting data on natural resources and the environment within their sector, and organize implementation, monitoring, and urging execution of the plan after approval;

c) Receive data on natural resources and the environment, build, integrate, process, manage, update, exploit, and use the database on natural resources and the environment within their sector;

d) Provide data on natural resources and the environment to organizations and individuals as prescribed; enter into contracts with organizations and individuals concerning the collection, compilation, processing, storage, and exploitation of data on natural resources and the environment; collect fees for the exploitation and use of data from the natural resources and environment database within their sector as prescribed;

đ) Develop and submit to the Minister, head of a ministerial-level agency, or head of a government agency for approval a list of data on natural resources and the environment within their sector and organize its publication through mass media, on the Internet, and on the websites of ministries, ministerial-level agencies, and government agencies;

e) Advise the Minister, head of a ministerial-level agency, or head of a government agency to inspect, review, and handle units, organizations, and individuals violating regulations on collecting, managing, updating, exploiting, and using data on natural resources and the environment.

Article 10. Specialized agencies collect, manage, update, exploit and use data on natural resources and the environment in provinces and centrally governed cities.

1. The Department of Natural Resources and Environment is the specialized agency responsible for assisting the People's Committee of the province or centrally governed city to manage the collection, management, updating, exploitation and use of data on natural resources and the environment at the local level. The Information Technology Center under the Department of Natural Resources and Environment is responsible for storing data on natural resources and the environment in the local natural resources and environment database.

2. Responsibilities of the Department of Natural Resources and Environment:

a) Take the lead in drafting and submitting to the Provincial People's Committee for promulgation regulations on the collection, management, updating, exploitation and use of data on natural resources and the environment applicable within the administrative area.

b) Take the lead and coordinate with relevant units to draft and submit to the Provincial People's Committee annual plans for collecting data on natural resources and the environment of the province, and organize implementation, monitoring and urging execution of the plan after approval.

c) Receive and process data on natural resources and the environment; build, integrate, manage, exploit and use the local natural resources and environment database.

d) Provide data on natural resources and the environment to organizations and individuals in accordance with regulations; conclude contracts with organizations and individuals regarding the collection, compilation, processing, storage and exploitation of data on natural resources and the environment; charge fees for the exploitation and use of data from the local natural resources and environment database in accordance with regulations.

e) Build and submit to the Provincial People's Committee for approval the list of data on natural resources and the environment of the locality and organize publication through mass media, on the Internet, on the website of the Department and the province; edit and publish the local natural resources and environment database.

f) Advise the Provincial People's Committee to inspect, review and handle units, organizations and individuals violating regulations on the collection, management, updating, exploitation and use of data on natural resources and the environment.

g) Perform other tasks assigned.

Chapter III COLLECTION OF DATA ON NATURAL RESOURCES AND THE ENVIRONMENT

Section 1 ESTABLISHMENT, APPROVAL AND IMPLEMENTATION OF DATA COLLECTION PLANS

Article 11. Principles and basis for establishing plans

1. Principles for establishing plans:

a) Ensuring timely service for state management work and meeting requirements for socio-economic development, ensuring national defense and security.

b) Ensuring that collected data is accurate, complete and systematic.

c) Ensuring no overlap or duplication of tasks among related organizations and units, and ensuring integration of activities and tasks, close coordination in the collection of data on natural resources and the environment; minimizing the re-collection of the same source of data; utilizing existing data sources.

d) Ensuring effective, feasible, economical and resource-efficient implementation.

2. Basis for establishing plans:

a) Requirements of state management work and demands for socio-economic development, ensuring national defense and security.

b) Tasks assigned by competent state agencies.

c) Programs and projects already approved by competent state agencies.

Article 12. Contents of the Plan

1. Requirements for state management of natural resources and the environment and requirements for socio-economic development, ensuring national defense and security.

2. Objectives and requirements for collecting and updating data on natural resources and the environment.

3. Types of data on natural resources and the environment to be collected and updated.

4. Activities and tasks for collecting and updating data on natural resources and the environment.

5. Organizations and units responsible for implementing activities and tasks.

6. Budget, time frame, and human resources for implementing the plan.

Article 13. Authority to Approve the Plan

Ministries, ministerial-level agencies, governmental agencies, and provincial People's Committees approve annual data collection plans on natural resources and the environment within their respective authorities.

Article 14. Establishment and Approval of the Plan

1. Based on the provisions of Articles 11 and 12 of this Circular, provincial departments and sectors within their assigned functions and tasks shall determine the necessary data to collect and update, propose activities and tasks for collecting and updating data on natural resources and the environment, and submit these proposals to the Department of Natural Resources and Environment before September 15 each year for consolidation and preparation of a draft plan. The Department of Natural Resources and Environment will consolidate the proposals from the departments and sectors, as well as its own activities and tasks for collecting and updating data, draft a plan; take the lead and coordinate with the Department of Planning and Investment, the Department of Finance, and the Department of Information and Communications to submit the annual data collection plan on natural resources and the environment of the province to the provincial People's Committee for approval, completed before October 15 each year. After approval, the provincial People's Committee must send a copy of the annual data collection plan on natural resources and the environment to the Ministry of Natural Resources and Environment, ministries, ministerial-level agencies, and governmental agencies with jurisdiction over the data to be collected according to the approved plan.

2. Based on the provisions of Articles 11 and 12 of this Circular, subordinate units of ministries, ministerial-level agencies, and governmental agencies shall determine the necessary data to collect and update, propose activities and tasks for collecting and updating data on natural resources and the environment, and submit these proposals to the specialized agency responsible for collecting, managing, updating, exploiting, and using data on natural resources and the environment at the ministries, ministerial-level agencies, and governmental agencies before October 15 each year for consolidation and preparation of a draft plan. The specialized agency responsible for collecting, managing, updating, exploiting, and using data on natural resources and the environment at the ministries, ministerial-level agencies, and governmental agencies will consolidate the proposals from the units, review the relevant data collection and updating contents in the approved plans of central cities and provinces, take the lead and coordinate with related units to submit the annual data collection plan on natural resources and the environment of the ministry, ministerial-level agency, or governmental agency to the Minister, head of the ministerial-level agency, or head of the governmental agency for approval, completed before November 15 each year. After approval, the ministry, ministerial-level agency, or governmental agency must send a copy of the annual data collection plan on natural resources and the environment to the Ministry of Natural Resources and Environment, ministries, ministerial-level agencies, and governmental agencies with jurisdiction over the data to be collected according to the approved plan, and the provincial People's Committees of central cities and provinces.

3. Based on the provisions of Articles 11 and 12 of this Circular, subordinate units of the Ministry of Natural Resources and Environment shall determine the necessary data to collect and update, propose activities and tasks for collecting and updating data on natural resources and the environment, and submit these proposals to the Directorate of Information Technology before November 15 each year for consolidation and preparation of a draft plan. The Directorate of Information Technology will consolidate the proposals from the units; review the relevant data collection and updating contents in the approved plans of central cities and provinces, of ministries, ministerial-level agencies, and governmental agencies, take the lead and coordinate with the Planning Department, the Finance Department, to submit the annual data collection plan on natural resources and the environment of the ministry to the Minister of Natural Resources and Environment for approval, completed before December 15 each year. After approval, the Ministry of Natural Resources and Environment will send a copy of the annual data collection plan on natural resources and the environment to the ministries, ministerial-level agencies, governmental agencies, and provincial People's Committees of central cities and provinces.

Article 15. Implementation of the Plan

1. The Department of Information Technology and specialized agencies shall collect, manage, update, exploit, and utilize data on natural resources and the environment at ministries, ministerial-level agencies, government agencies, and provincial Departments of Natural Resources and Environment under central cities to assist the Minister, head of ministerial-level agencies, head of government agencies, and provincial People's Committees in implementing the annual data collection plan on natural resources and the environment.

2. Data collection and updating on natural resources and the environment must comply with all regulations, procedures, norms, standards, technical specifications, economic and technical quotas for data collection and updating on natural resources and the environment. The content of collected and updated data must be appropriate, accurate, timely, and effective; priority should be given to long-term usage goals; preference should be given to data that can serve multiple purposes.

3. In cases where laws stipulate that data collection requires permission from competent state authorities, the entity assigned to lead the data collection must follow the prescribed procedures to obtain permission and may only proceed with data collection after receiving approval from the competent state authority.

4. Data collection on natural resources and the environment listed in the State secrets category must be carried out in accordance with the provisions of the law on protecting State secrets.

5. Forms of data collection and updating on natural resources and the environment:

a) Requesting data provision and accepting data from organizations and individuals in accordance with regulations;

b) Monitoring, investigation, survey;

c) Research, forecasting;

d) Data compilation, creation, and other forms.

Article 16. Submission of Data on Natural Resources and the Environment

1. Agencies, organizations, and individuals using state budget funds or those derived from the state budget to collect data on natural resources and the environment during the execution of assigned tasks have the responsibility to submit such data to specialized agencies responsible for collecting, managing, updating, exploiting, and utilizing data on natural resources and the environment in accordance with the law.

2. Submitted data must be original copies.

Section 2 INSPECTION, EVALUATION, AND DATA PROCESSING AFTER COLLECTION

Article 17. Principles for Inspection, Evaluation, and Data Processing

1. After data collection, data on natural resources and the environment must be classified, summarized, evaluated, and processed.

2. Inspection, evaluation, and data processing must comply with technical regulations and standards issued and approved by competent state authorities.

3. The agency leading data collection and acceptance has the responsibility to inspect, evaluate, and process data and is accountable for the accuracy of the data.

Article 18. Content of Data Inspection and Evaluation

1. Data must be inspected and evaluated based on the following contents:

a) Inspection and evaluation of compliance with regulations, procedures, norms, and technical standards in data collection;

b) Inspection and evaluation of scientific basis, legal value, reliability, and accuracy of data;

c) Inspection and evaluation of the physical condition of data;

d) Evaluation of the level of data synthesis and generalization;

e) Evaluation of the exploitation and utilization value of data.

2. In cases where organizations or individuals invest in surveys and build donated databases: Inspection, evaluation, and data processing in cases where organizations or individuals invest in surveys and build donated databases shall comply with the provisions of Clause 1 of this Article; if necessary, the head of the agency accepting the data shall establish an Advisory Board to inspect and evaluate the donated data.

Article 19. Data Processing

1. Data processing involves editing, modifying, compiling, organizing, classifying data and applying technological and technical measures in accordance with regulations, procedures, technical norms and standards to ensure the accuracy, reliability, and consistency of the data for management, updating, exploitation, utilization, storage, and preservation purposes.

2. Environmental and resource data shall be edited, modified, organized, and compiled at the following levels:

a) Primary data is data obtained through data collection activities that have not been standardized or refined.

b) Secondary data is data that has been standardized according to regulations, standards, and technical norms (basic data).

c) Enhanced data is secondary data that has been compiled, refined, and updated to improve the effectiveness of data exploitation and utilization for specific purposes.

d) A database is a collection of closely related data describing the characteristics of the subject under consideration.

3. Environmental and resource data shall be organized and classified based on the following criteria:

a) According to the type of data specified in Article 3 of Decree No. 102/2008/NĐ-CP;

b) According to the level of data aggregation: national-level data, specialized data, local-level data;

c) According to the degree of accessibility: confidential; conditional exploitation and utilization; widespread exploitation and utilization.

4. Environmental and resource data must be processed physically and chemically, standardized, and digitized for storage and preservation.

Chapter IV SUPPLY, EXPLOITATION AND USE OF ENVIRONMENTAL AND RESOURCE DATA

Article 20. Principles for Supply, Exploitation and Use of Data

1. To promptly serve state management work and meet requirements for socio-economic development, ensuring national defense and security.

2. To facilitate state agencies, organizations, and individuals to access quickly and easily, avoiding the need to provide the same content multiple times.

3. To facilitate activities on the internet.

4. To ensure completeness, accuracy, within the prescribed time frame and content requirements.

5. To ensure proper and effective use.

6. To fulfill financial obligations as prescribed.

7. To bear responsibility for supplying, exploiting, and using data. The supply, exploitation, and use of data must comply with regulations on protecting state secrets.

8. Ministries, ministerial-level agencies, government agencies, provincial People's Committees shall specify in detail the authority to supply, scope, extent, and subjects eligible to exploit and use environmental and resource data they manage in accordance with the law.

9. Sectoral environmental and resource databases, local environmental and resource databases participating in connecting to the national environmental and resource database are entitled to freely exploit and use necessary data to perform their functions and tasks.

Article 21. Supply, Exploitation and Use of Data via the Internet and Electronic Websites

1. Organizations and individuals may exploit and use environmental and resource data via the Internet and electronic websites without payment for exploitation and use in the following cases:

a) Exploiting and using the List of environmental and resource data;

b) Exploiting and using environmental and resource data which, according to the law, must be widely publicized and does not require financial obligations.

2. Organizations and individuals may exploit and use environmental and resource data via the Internet and electronic websites upon registration and being granted access rights from environmental and resource databases. The unit responsible for managing the environmental and resource database grants access rights to registered organizations and individuals.

3. Organizations and individuals granted access rights shall be responsible for:

a) Accessing the correct address and key; not disclosing the address and key provided;

b) Exploiting and using data only within the granted scope, not illegally accessing the environmental and resource database; using data for the intended purpose;

c) Managing the content of exploited data, not providing it to other organizations or individuals unless agreed upon and permitted by the agency managing the environmental and resource database;

d) Not altering, deleting, destroying, copying, revealing, displaying, or transferring data improperly; not creating or disseminating software programs that disrupt, alter, or damage the environmental and resource database; promptly reporting any errors in the provided data to the data management agency;

đ) Fulfilling financial obligations fully and accurately;

e) Complying with laws on protecting state secrets; bearing responsibility for any violations caused by the exploitation and use of data.

4. The unit managing the environmental and resource database shall be responsible for notifying the suspension of data supply and related services on the network:

a) Except in cases of force majeure, public notice must be given at least seven working days before voluntarily suspending data supply and related services on the network for repairs, maintenance, or infrastructure upgrades; the notification content must clearly state the expected recovery period for data supply and related services on the network;

b) Taking immediate measures to resolve issues when its information system malfunctions during operation, seriously affecting or causing the suspension of data supply and related services on the network.

5. The unit managing the environmental and resource database shall be responsible for ensuring that the information technology system and environmental and resource database meet the following requirements:

a) Ensuring convenient access for organizations and individuals; having user-friendly search tools that yield accurate results;

b) Formatting data according to technical standards for easy downloading, quick display, and printing using common electronic means.

c) Support organizations and individuals in accessing and using forms on the electronic information page of the Natural Resources and Environment Database (if available);

d) Ensure the accuracy and consistency of the content of data on the electronic information page of the Natural Resources and Environment Database;

đ) Regularly and promptly update data on the electronic information page of the Natural Resources and Environment Database;

e) Specify the duration for each type of information to remain online;

g) Implement the provisions of laws regarding the protection of state secrets;

6. The Department of Natural Resources and Environment shall take the lead and coordinate with relevant units to develop and submit to the Provincial People's Committee specific regulations on the form of data exploitation from the Internet and website suitable to local conditions;

7. The provision of data, exploitation, and use of natural resources and environmental data on the Internet and website must comply strictly with the provisions of the Law on Electronic Transactions, the Law on Information Technology, and guiding documents;

Article 22. Exploitation and use of data through request forms or request documents

1. Organizations and individuals requiring the exploitation and use of natural resources and environmental data shall submit request forms or send request documents to data management agencies;

2. Upon receiving valid request forms or request documents from organizations and individuals, data management agencies shall provide data to those requesting exploitation and use of data. In case of refusal to provide data, a written response stating the reasons must be provided;

3. The exploitation and use of data through request forms or request documents shall be carried out in accordance with the provisions of specialized laws;

4. Organizations and individuals exploiting and using natural resources and environmental data shall have responsibilities and authorities as stipulated in Article 13 of Decree No. 102/2008/NĐ-CP;

Article 23. Request Documents for Data Provision

1. Request documents for data provision on natural resources and environment must include the following main contents:

a) Name and address of the agency, organization, or individual requesting data provision;

b) List and content of data required to be provided;

c) Purpose of using the data;

d) Form of data exploitation and use, and method of receiving results;

2. Request documents of agencies and organizations must bear the signature of the head of the agency and be stamped for confirmation. Individual request forms must clearly state the name, address, and signature of the person requesting data provision according to Model 01 attached hereto;

3. In cases where the person requiring the use of natural resources and environmental data is a foreign individual in Vietnam, the request document must be confirmed and stamped by the organization or enterprise where they work; for foreign experts or interns working on programs or projects at ministries, sectors, or localities or studying at training institutions in Vietnam, it must be confirmed and stamped by the competent authority of the ministry, sector, locality, or training institution according to Model 02 attached hereto;

Article 24. Procedures and Formalities for Data Provision

1. Submission of request documents for data provision shall be made through one of the following methods:

a) Submit directly to data management agencies;

b) Send via official correspondence, fax, or postal service. Requests sent via official correspondence or fax shall be made when the requester is a state agency;

2. Data management agencies shall accept and check request documents, notify financial obligations (in cases where financial obligations need to be fulfilled) to organizations and individuals;

3. After organizations and individuals complete their financial obligations, data management agencies shall be responsible for providing accurate and complete data to organizations and individuals. In case of refusal to provide data, the reasons must be clearly stated and a written response must be given to organizations and individuals.

Article 25. Cases where data shall not be provided

1. Documents or data request forms with unclear and specific content; requests to exploit and use data within the scope of state secrets that do not comply with regulations.

2. Request documents without the signature of the authorized person and confirmation stamp for organizations; data request forms without the signature, name, and specific address of the individual requesting the provision of data.

3. The purpose of using data is not appropriate according to the provisions of the law.

4. Failure to fulfill financial obligations as prescribed.

Article 26. Exploitation and use of data through contracts

The exploitation and use of data through contracts shall be carried out in accordance with the provisions of the Civil Code between the data management agency and organizations or individuals who have the need to exploit and use data. The model contract for providing, exploiting, and using data on natural resources and the environment is attached as Model 03 to this Circular.

Article 27. Provision of data for national defense and security purposes, direct leadership requirements of the Party and State, or in emergency situations

In cases where data on natural resources and the environment is provided to serve national defense and security purposes, direct leadership requirements of the Party and State, or in emergency situations, the units managing the database on natural resources and the environment shall be responsible for organizing implementation according to the directives of the head of the agency, without charging fees for exploitation and use.

Chapter V COOPERATION AND SHARING OF DATA ON NATURAL RESOURCES AND THE ENVIRONMENT

Article 28. Principles of cooperation and sharing of data on natural resources and the environment among Ministries, sectors, and provincial People's Committees

Cooperation and sharing of data on natural resources and the environment among Ministries, sectors, and provincial People's Committees refer to the exchange and provision of data among Ministries, sectors, and provincial People's Committees, between databases on natural resources and the environment, and among relevant agencies and organizations based on the following principles:

1. Ensuring timely access and use of data on natural resources and the environment to serve the evaluation, forecasting, strategic planning, policy formulation, plan development, strengthening the effectiveness of state administrative management, and meeting the requirements for economic and social development, ensuring national defense and security.

2. Based on the functions and tasks of each agency and organization; ensuring no overlap or duplication of tasks among related organizations and units, and ensuring close coordination in the collection, management, and updating of data on natural resources and the environment.

3. Ensuring comprehensive, accurate, and systematic data collection; unifying collected, updated, and managed data.

4. Ensuring smooth and timely exchange and provision of data; ensuring information security requirements.

5. Ensuring efficient, feasible, cost-effective, and resource-saving collection, management, updating, exploitation, and use of data.

Article 29. Main contents requiring cooperation

1. Cooperation during the process of planning data collection on natural resources and the environment: During the process of planning data collection on natural resources and the environment, the agency assigned to lead the planning sends draft plans to relevant Ministries and sectors with state management functions related to the fields of data to be collected, sends draft plans to local Provincial Departments of Natural Resources and Environment within the implementation area, requesting comments to ensure avoiding overlapping and duplicating tasks; the draft plan must clearly specify activities and tasks to be cooperatively implemented.

2. Cooperation during the process of collecting and processing data:

a) The Information Technology Department, specialized agencies responsible for collecting, managing, updating, exploiting, and using data on natural resources and the environment at Ministries, agencies equivalent to Ministries, government agencies, and Provincial Departments of Natural Resources and Environment regularly inform each other about the timeframes and progress of tasks in the data collection plan on natural resources and the environment.

b) During the process of collecting and processing data, organizations and individuals assigned to cooperate closely with relevant specialized units related to the field of data to be collected to ensure compliance with regulations, procedures, norms, technical standards, accuracy, and reliability in data collection and processing; closely coordinating with local Provincial Departments of Natural Resources and Environment during data collection to save costs and resources, ensuring rapid and effective task completion.

3. Cooperation in managing, exploiting, and using data: The agency managing the National Database on Natural Resources and the Environment provides the agencies managing Sectoral Databases on Natural Resources and the Environment and Local Databases on Natural Resources and the Environment with access rights to exploit and use data from the National Database on Natural Resources and the Environment via electronic networks. These managing agencies are responsible for applying necessary technical and operational measures to secure the common data system, ensuring accurate, timely, and effective data sharing for agencies, organizations, units, and individuals.

4. The provincial People's Committee specifies in detail the cooperation between the Provincial Department of Natural Resources and Environment and other Departments, bureaus, sectors, and district-level People's Committees in planning, collecting, inspecting, evaluating, processing, providing, exploiting, using, and sharing data on natural resources and the environment at the local level.

Article 30. Coordination and Data Sharing Between Resource and Environment Databases

1. Management agencies of Resource and Environment Databases shall organize the collection and updating of data according to their functions, tasks, and scope of each organization and unit. The data updated into the Resource and Environment Database must be complete, detailed, and timely.

2. The provision of data between Resource and Environment Databases shall be carried out in accordance with the provisions stipulated in Article 5 of this Circular.

3. Management agencies of Resource and Environment Databases and related organizations and units shall be responsible for the accuracy and honesty of the provided and shared data.

Chapter VI STORAGE AND PRESERVATION OF RESOURCE AND ENVIRONMENT DATA

Article 31. Storage and Preservation of Resource and Environment Data

1. The storage and preservation of resource and environment data must comply with legal regulations on storage, relevant rules, procedures, technical norms, and standards.

2. All collected data must be classified, evaluated, and processed to have appropriate forms and measures for storage, preservation, and protection, ensuring safety.

Article 32. Ensuring Safety of Digital Data on Resources and Environment

1. Management agencies of Resource and Environment Databases must implement management, operational, and technical measures for information systems to protect and restore systems, services, and data contents from natural or human-caused risks to ensure that Resource and Environment Databases perform their functions correctly, serve the intended subjects promptly, accurately, and reliably. Ensuring the safety of digital data on resources and environment includes protecting and securing data, data safety, computer safety, and network safety.

2. Management agencies of Resource and Environment Databases have the responsibility to apply information technology to ensure the comprehensive, reliable, rapid, and accurate collection, processing, and updating of information; while ensuring the safe storage of data in databases in terms of:

a) Physical storage: ensuring that information storage devices such as computer hard drives, magnetic tapes, optical discs, etc., are not damaged.

b) Logical organization: data must be secured according to the principles and formats of database systems, avoiding intentional damage to the logical organization of data.

c) Ensuring information security on networks, preventing information leakage from database systems.

d) Digital data stored on servers must be protected against unauthorized access through security systems with advanced measures and techniques.

3. Management agencies of Resource and Environment Databases must take measures to ensure the integrity of data messages, conducting regular checks every three (3) months to ensure the safety of electronic information systems.

4. Backup of resource and environment data:

a) Digital data on resources and environment must be regularly copied and stored every three (3) months as prescribed.

b) Resource and environment data must be stored in backup copies at least once every six (6) months. Backup copies can be restored in case of objective equipment failures.

c) Data retained in the Resource and Environment Database must be regularly copied onto hard disks, optical discs (CD, DVD), magnetic tapes, and stored according to current technical, security, and safety regulations.

Article 33. Data Security for Natural Resources and Environment

1. Printing, copying, photographing, transporting, delivering, transmitting data and documents, storing, preserving, providing data within the scope of state secrets, and other activities related to data within the scope of state secrets must comply with regulations on protecting state secrets.

2. The Directorate of Information Technology shall take the lead and coordinate with relevant units to monitor and detect insecure data, promptly handle them to ensure that data entered into the Database on Natural Resources and Environment do not violate regulations on classified information categories.

3. Staff members who update and exploit the Database on Natural Resources and Environment are granted specific access and update rights in each data component, ensuring strict management over information access rights in Databases on Natural Resources and Environment.

4. The list of confidential documents on natural resources and environment included in the list of state secrets is specified in the Decision of

Chapter VII IMPLEMENTATION PROVISIONS

Article 34. Effectiveness and Responsibility for Implementation

1. This Circular takes effect from September 1, 2009. Submission, reporting, provision of materials, figures, and information related to natural resource and environmental data in business operations shall be carried out in accordance with laws in specialized fields.

2. The Director of the Directorate of Information Technology is responsible for guiding, monitoring, and inspecting the implementation of this Circular.

3. Ministries, ministerial-level agencies, agencies under the Government, People's Committees of provinces and centrally governed cities within their functions, tasks, and authorities are responsible for guiding, organizing, and inspecting the implementation of this Circular. Specialized agencies collecting, managing, updating, exploiting, and using data on natural resources and environment, and related agencies, organizations, and individuals are responsible for implementing this Circular. In the course of implementation, if there are difficulties, agencies, organizations, and individuals are requested to promptly reflect them to the Ministry of Natural Resources and Environment for research, amendment, and supplementation to be appropriate.