Consolidated Document number 10/VBHN-BTNMT on the collection, management, exploitation, and use of information and data on natural resources and the environment.

DECREE

Regarding the collection, management, exploitation, and utilization of information and data

on natural resources and the environment

Decree No. 73/2017/ND-CP dated June 14, 2017 of the Government on the collection, management, exploitation, and utilization of information and data on natural resources and the environment, which took effect from August 1, 2017, has been amended and supplemented by:

Decree No. 22/2023/ND-CP dated May 12, 2023 of the Government amending and supplementing certain articles of related decrees concerning business activities in the field of natural resources and the environment, which took effect from May 12, 2023.

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Minerals dated November 17, 2010;

Pursuant to the Law on Water Resources dated June 21, 2012;

Pursuant to the Law on Land dated November 29, 2013;

Pursuant to the Law on Environmental Protection dated June 23, 2014;

Pursuant to the Law on Meteorology and Hydrology dated November 23, 2015;

Pursuant to the Law on Marine and Island Resources and Environment dated June 25, 2015;

Pursuant to the Law on Archives dated November 11, 2011;

Pursuant to the Law on Intellectual Property dated November 29, 2005; Law Amending and Supplementing Certain Provisions of the Law on Intellectual Property dated June 19, 2009;

Pursuant to the Law on Information Technology dated June 29, 2006;

Pursuant to the Law on Cybersecurity dated November 19, 2015;

Pursuant to the Law on Access to Information dated April 6, 2016;

At the proposal of the Minister of Natural Resources and Environment;

The Government promulgates the Decree on the collection, management, exploitation, and utilization of information and data on natural resources and the environment¹.

Chapter I. GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the collection, management, exploitation, and utilization of information and data on land, water resources, geology and minerals, environment, meteorology and hydrology, climate change, surveying and mapping, remote sensing, marine and island environmental resources (hereinafter referred to as information and data on natural resources and the environment); mechanisms for coordination, connection, and sharing of information and data on natural resources and the environment; responsibilities and authorities of agencies, organizations, and individuals in the collection, management, exploitation, and utilization of information and data on natural resources and the environment.

Article 2. Applicability

This Decree applies to state agencies, organizations, and individuals engaged in the collection, management, exploitation, and utilization of information and data on natural resources and the environment within the territory of the Socialist Republic of Vietnam.

Article 3. Explanation of Terms

1. Collection of information and data on natural resources and the environment is the process of identifying information requirements, finding sources of information that meet these requirements, and implementing the gathering of information and data on natural resources and the environment.

2. Monitoring information and data on natural resources and the environment are the results of processes involving measurement, observation, surveying, analysis of samples, or other activities directed at natural resource and environmental objects and indirect factors affecting them.

3. Real-time information and data are information and data collected and processed, integrated within a short time frame (the time range varies according to each type of information and data).

Article 4. Information and Data on Natural Resources and the Environment

Information and data on natural resources and the environment must be collected and stored in accordance with regulations. Information and data on natural resources and the environment include:

1. Information and data on land include:

a) Results of cadastral surveys and map-making;

b) Land registration, establishment of land records, land recovery, land allocation, land leasing, land use purpose conversion, issuance of land use right certificates, house ownership rights, and attached property rights;

c) Statistics and inventory of land;

d) Establishment of land planning and usage plans;

đ) Land prices and land price maps;

e) Other information and data related to basic land investigations.

2. Information and data on water resources include:

a) Quantity and quality of surface water and groundwater;

b) Geological and hydrological survey data;

c) Data on water resource exploitation, use, and wastewater discharge;

d) Planning of river basins, management, exploitation, and protection of water resources both domestically and internationally;

đ) Results of issuing, renewing, revoking, and adjusting permits for water resource exploration, exploitation, and use; permits for wastewater discharge; plugging unused boreholes;

e) Data on factors affecting water resources;

g) Technical files of monitoring stations and facilities for water resources;

h) Data on river basin lists.

3. Information and data on geology and minerals include:

a) Reports on basic geological investigations on minerals, reports on mineral exploration results (Geological Reports);

b) Pre-application files for mineral exploitation rights;

c) Files on national mineral reserve areas, areas with scattered small mineral deposits; delineation of prohibited and temporarily prohibited mining activity areas; areas with hazardous minerals;

d) Statistics and inventory of national mineral resource reserves;

đ) Results of issuing, renewing, revoking, permitting, and returning mineral exploitation permits; permission to continue mineral exploitation activities.

4. Information and data on the environment include:

a) Current status reports on the environment at various levels;

b) Lists of biodiversity conservation sites, nature reserves; Catalogues of wild species, endangered species, extinct species in the wild, endemic species, migratory species, invasive alien species, critically endangered and precious species requiring priority protection, species listed in the Red Book of Vietnam;

c) Environmental planning; Reports on comprehensive biodiversity conservation planning, ecosystems (terrestrial and aquatic) and biosafety;

d) Strategic environmental assessment reports, environmental impact assessment reports, environmental protection programs, annual environmental monitoring reports;

đ) Reports on pollution sources, quantities of waste, pollution-causing sources, general waste, industrial waste, hazardous waste posing risks to the environment; results of environmental restoration in mineral extraction activities: current environmental conditions at mineral mines; current environmental conditions at chemical pesticide storage pollution points; projects for treating and restoring polluted chemical pesticide storage points;

e) Reports on the situation of imported waste used as raw materials for production, payment of environmental protection fees; results of resolving environmental damage compensation, disputes, complaints, and accusations resolved by competent state agencies.

g) Report on areas affected by pollution, sensitive areas, degraded areas, environmental incidents; areas at risk of environmental incidents; environmental pollution maps and measures for controlling, preventing, and reducing environmental pollution;

h) List of facilities causing serious environmental pollution; list and status of environmental protection in craft villages, economic zones, industrial parks, export processing zones, and industrial clusters;

i) Results of watershed environmental management, coastal and marine environmental management; cross-border environmental pollution;

k) Results of waste treatment, solid waste, hazardous waste, air emissions, wastewater, noise, vibration, and other environmental technologies;

l) Results of issuing, extending, revoking various environmental permits;

5. Information and data on meteorology and hydrology including:

a) Monitoring, investigation, survey information and data on meteorology, hydrology, atmospheric environment, and water;

b) Meteorological and hydrological information and data obtained from foreign countries, international organizations;

c) Charts, maps, satellite images; films, photos about meteorological and hydrological research objects;

d) Forecast and warning meteorological and hydrological bulletins; situation reports on meteorology and hydrology;

đ) Technical files of meteorological and hydrological stations, works, measuring instruments;

e) Files on issuing, extending, suspending, revoking permits for meteorological and hydrological forecasting and warning activities;

g) Plans and results of weather modification operations;

6. Information and data on surveying and mapping including:

a) Information and data on the national reference system, national basic surveying data system, national surveying networks;

b) Aerial photography systems;

c) National geographic database; national topographic map database;

d) Surveying and mapping products on national borders;

đ) Surveying and mapping products on administrative boundaries at all levels;

e) Administrative maps;

g) Geographical name data;

h) Information and data on: specialized surveying networks; specialized aerial photography systems; nautical chart products; underground construction map products; aviation map products; defense surveying and mapping products; specialized and thematic surveying and mapping products;

7. Information and data on marine and island environmental resources including:

a) Data on coastal land, seabed topography;

b) Data on marine meteorology and hydrology;

c) Data on marine geology, marine geophysics, marine minerals; oil and gas in the sea; data on physical and chemical properties of seawater;

d) Data on marine ecosystems; marine biodiversity and fishery resources; marine position resources and marine ecological wonders;

đ) Data on marine environment, marine disposal;

e) Data on islands;

g) Data on marine and island resource planning and utilization plans; overall exploitation and sustainable utilization plans for coastal resources; comprehensive management programs for coastal resources;

h) Data on marine and island resource extraction and utilization;

i) Statistics results on marine and island resources;

k) Other related data on marine and island resources and environment;

8. Information and data on climate change including:

a) Past and current meteorological and hydrological information and data monitored from the national meteorological and hydrological station network, specialized meteorological and hydrological station network;

b) Information and data on the impact of meteorological and hydrological disasters and climate change on resources, environment, ecosystems, living conditions, and socio-economic activities;

c) Information and data on greenhouse gas emissions and socio-economic activities related to greenhouse gas emissions;

d) Monitoring information and data on ozone, ozone layer protection, and management of ozone-depleting substances;

đ) National climate standards;

e) Results of national climate assessment;

g) Climate change scenarios for different periods;

h) Technical files of climate change monitoring stations;

9. Information and data on remote sensing including:

a) Infrastructure information on remote sensing;

b) Remote sensing data;

c) Monitoring and surveillance data on resources and environment using remote sensing;

d) Remote sensing image products;

đ) Remote sensing metadata;

e) Thematic maps derived from remote sensing images;

10. Inspection results, dispute resolution, complaint handling, accusation resolution, damage compensation regarding natural resources and the environment that have been resolved by competent state agencies;

11. Legal regulatory documents, technical standards, technical guidelines, economic and technical norms on natural resources and the environment;

12. Files and results of strategies, plans, programs, projects, proposals, research topics on natural resources and the environment;

13. Other natural resource and environmental information and data as prescribed by law.

Article 5. Principles for the collection, management, exploitation, and utilization of information and data on natural resources and the environment

The collection, management, exploitation, and utilization of information and data on natural resources and the environment must comply with the following principles:

1. Ensuring accuracy, honesty, scientific rigor, objectivity, and continuity.

2. Collecting and managing all sources of information and data from agencies, organizations, and individuals comprehensively.

3. Storing and preserving to meet long-term usage requirements and convenience.

4. Organizing systematically to facilitate convenient exploitation and utilization, enhance efficiency, promote overall social savings, and improve national competitiveness.

5. Being publicly disclosed and accessible according to the provisions of the Law on Access to Information, except for information and data classified as state secrets and restricted use.

6. Serving promptly the work of state administration, meeting the requirements of economic and social development, ensuring national defense and security.

7. Using for the intended purpose, citing the source, and complying with legal regulations concerning the protection of state secrets and intellectual property rights.

8. Exploiting and utilizing information and data must fulfill financial obligations as prescribed by law.

Article 6. Participation of Organizations and Individuals

1. The State encourages organizations and individuals to invest in the acquisition, creation, and provision, sharing of information and data on natural resources and the environment in accordance with legal regulations.

2. Encouraging organizations and individuals to provide and donate information and data on natural resources and the environment to state agencies to contribute to protecting national sovereignty and serving the common interests of society.

Article 7. International Cooperation on Information and Data on Natural Resources and the Environment

The State has policies to develop cooperation with other countries, foreign organizations, and international organizations in the investigation, survey, research, sharing, and provision of information and data on natural resources and the environment; encouraging the sharing of information related to international information and data on natural resources and the environment; coordinating research and surveys of data, facilitating effective management and exploitation of international information and data on natural resources and the environment.

Article 8. Budget for Collection, Processing, Exploitation, and Utilization of Information and Data on Natural Resources and the Environment

1. The budget for collecting, processing, organizing the management of information and data on natural resources and the environment, building, updating, and operating databases on natural resources and the environment managed by the State shall be guaranteed by the State budget in accordance with legal regulations. Each year, ministries, sectors, and localities allocate budgets for collecting, processing, and organizing the management of information and data on natural resources and the environment, assigning units to implement in accordance with their functions and responsibilities.

2. Fees for exploiting information and data on natural resources and the environment shall be implemented in accordance with legal regulations on fees and charges.

Chapter II. COLLECTION OF INFORMATION AND DATA ON NATURAL RESOURCES AND THE ENVIRONMENT

Article 9. Responsibilities of Organizations and Individuals in the Collection of Information and Data on Natural Resources and the Environment

1. Adhering to technical standards and norms in the collection and submission of information and data.

2. Submitting information and data collected or created using state budget funds or having origins from state budget funds to the management agency of information and data on natural resources and the environment.

3. Notifying the Ministry of Natural Resources and Environment and Provincial Departments of Natural Resources and Environment about the list of information and data on natural resources and the environment owned and intended to be provided by them Form No. 01 as set out in the Appendix issued together with this Decree.

Article 10. Collection of information and data on natural resources and the environment for archiving, preservation, publication, provision, and utilization

1. Each year, ministries, ministerial-level agencies, agencies under the Government related to information and data on natural resources and the environment (hereinafter referred to collectively as ministries and sectors) and provincial People's Committees directly under the central government (hereinafter referred to collectively as provincial People's Committees) shall approve and direct the implementation of annual plans for collecting and compiling information and data on natural resources and the environment; collecting and updating descriptive information about information and data on natural resources and the environment.

2. Agencies entrusted with managing information and data on natural resources and the environment under ministries and sectors and provincial People's Committees shall, based on approved plans, implement the following:

a) Collecting, compiling, archiving, and preserving information and data on natural resources and the environment for information and data directly managed, archived, and provided;

b) Collecting and updating descriptive information about information and data on natural resources and the environment at agencies, organizations, and individuals currently archiving and preserving such information and data;

c) Building and updating directories and descriptive information to serve publication, search, and provision;

d) Providing and updating into the national directory and descriptive information about information and data on natural resources and the environment managed by the Ministry of Natural Resources and Environment.

3. Agencies currently archiving and preserving information and data on natural resources and the environment shall be responsible for providing descriptive information about such information and data to the agency managing information and data on natural resources and the environment.

4. Ministries, sectors, and provincial People's Committees shall organize the publication of directories and descriptive information about information and data on natural resources and the environment to serve search, provision, exploitation, and utilization.

5. The Minister of Natural Resources and Environment shall provide detailed regulations on the collection of information and data on natural resources and the environment for archiving, preservation, publication, provision, and utilization.

Chapter III. ORGANIZATION AND MANAGEMENT OF INFORMATION AND DATA ON NATURAL RESOURCES AND THE ENVIRONMENT

Article 11. Preservation, Archiving, and Restoration of Information and Data on Natural Resources and the Environment

Preservation, archiving, and restoration work shall be carried out in accordance with the provisions of the Law on Archives and guiding documents to create the best conditions to ensure safety and extend the lifespan of documents, thereby serving the requirements of document exploitation and utilization effectively.

Article 12. Construction of Databases on Natural Resources and the Environment

1. A database on natural resources and the environment is a systematic collection of information and data on natural resources and the environment that has been checked, evaluated, and organized for management and archiving, built, updated, and maintained to serve state management and economic, social, defense, security, scientific research, education and training, and enhancing public awareness activities.

2. Databases on natural resources and the environment include:

a) National databases on natural resources and the environment are databases on natural resources and the environment compiled, linked, and integrated from databases on natural resources and the environment within the national scope, constructed, archived, and managed by the Ministry of Natural Resources and Environment;

b) Sectoral databases on natural resources and the environment are integrated databases compiled from information and data on natural resources and the environment within the scope of management of ministries and sectors, constructed, archived, and managed by ministries and sectors;

c) Provincial databases on natural resources and the environment are integrated databases compiled from information and data on natural resources and the environment within the scope of management of provincial People's Committees, constructed, archived, and managed by provincial Departments of Natural Resources and Environment;

d) Specialized databases on natural resources and the environment are databases constructed, archived, and managed by specialized management organizations under the Ministry of Natural Resources and Environment.

3. Databases on natural resources and the environment must comply with the Government Electronic Architecture Framework, specifically as follows:

a) National databases on natural resources and the environment and specialized databases on natural resources and the environment must comply with the Government Electronic Architecture Framework of Vietnam and the Government Electronic Architecture of the Ministry of Natural Resources and Environment;

b) Databases on natural resources and the environment of ministries and sectors must comply with the Government Electronic Architecture Framework of Vietnam and the Government Electronic Architecture of ministries and sectors;

c) Provincial databases on natural resources and the environment must comply with the Government Electronic Architecture Framework of Vietnam and the Provincial Electronic Government Architecture.

4. Databases on natural resources and the environment are constructed and connected, shared in an electronic environment to facilitate management, exploitation, provision, and utilization of information and data efficiently.

5. Databases must meet the framework of databases, technical standards, and norms on information technology and specialized fields.

6. The construction, management, operation, and exploitation of specific information systems and specialized databases shall be implemented in accordance with the laws governing information systems and specialized databases.

Article 13. Operation and updating of natural resources and environmental databases

The agency responsible for managing information and data on natural resources and the environment shall be responsible for:

1. Establishing business processes and control measures to operate and maintain the natural resources and environmental database.

2. Developing plans and allocating funds to ensure continuous and periodic updates of the content of the natural resources and environmental database.

3. Developing and implementing comprehensive solutions to ensure high operational performance and readiness of the database.

4. Developing and implementing solutions for backup and disaster recovery to ensure the integrity and security of the database. In cases where information and data on natural resources and the environment are damaged or destroyed due to illegal acts, there must be mechanisms to ensure that such information and data can be restored.

Article 14. Ensuring safety and confidentiality of information

1. The principal agency of the natural resources and environmental database shall be responsible for ensuring the safety and confidentiality of information, taking organizational, management, business process, and technical measures to ensure data safety, computer security, and cybersecurity.

2. The natural resources and environmental database must be classified according to the level of information system security, meeting requirements under technical standards and regulations stipulated by laws on cybersecurity.

3. The specialized unit for information technology within the principal agency shall undertake the responsibility of ensuring database safety, conducting information security audits, risk management, and appropriate measures to ensure information security.

Chapter IV. EXPLOITATION AND USE OF INFORMATION AND DATA ON NATURAL RESOURCES AND THE ENVIRONMENT

Article 15. Publication of catalogues of information and data on natural resources and the environment

1. Catalogues of information and data on natural resources and the environment shall be published on websites or electronic portals, and professional publications. The publication of catalogues of information and data on natural resources and the environment must comply with regulations on protecting state secrets in the field of natural resources and the environment and the provisions of laws on access to information.

2. The Ministry of Natural Resources and Environment shall publish national catalogues of information and data on natural resources and the environment; ministries and sectors shall publish catalogues of information and data on natural resources and the environment collected and managed by themselves; provincial People's Committees shall publish local catalogues of information and data on natural resources and the environment.

Article 16. Forms and procedures for exploitation and use of information and data on natural resources and the environment

The exploitation and use of information and data on natural resources and the environment shall be carried out in the following forms:

1. Exploitation and use of information and data through websites or electronic portals or connecting, accessing, and sharing information with the natural resources and environmental database of the managing agency providing information and data on natural resources and the environment.

2. Exploitation and use of information and data through application forms, requests, or request documents.

3. Exploitation and use of information and data through contracts between the managing entity of information and data and the exploiting and using entities in accordance with the law.

Article 17. Exploitation and utilization of information and data through the website or electronic portal of the information and data provider

1. Organizations and individuals when exploiting natural resources and environmental information and data on websites or electronic portals must register and be granted access rights to exploit such information and data from the information and data provider.

2. Organizations and individuals granted access rights shall be responsible for accessing the correct address and password; they shall not disclose the access address and password that have been provided.

3. The information and data provider shall be responsible for:

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

b) Ensuring the format of information and data according to technical standards and norms to facilitate downloading, quick display, and printing using common electronic means.

4. In cases where the provision of information, data, and related services on the network is temporarily suspended, the information and data provider shall be responsible for:

a) Publicly announcing at least seven working days before proactively suspending the provision of information, data, and related services on the network for repairs, troubleshooting, upgrades, or expansion of infrastructure; the announcement content must clearly state the expected recovery time for the provision of information, data, and related services on the network, except in cases of force majeure;

b) Implementing measures to resolve issues.

Article 18. Request Documents for Provision of Information and Data

1. The exploitation and utilization of information and data in the form of request forms or request documents shall be carried out in accordance with the following provisions:

a) Organizations and individuals requiring the exploitation and utilization of information and data shall base their requests on the existing list of information and data, prepare request forms or request documents (as stipulated in the Appendix issued together with this Decree), and submit them directly, via postal service, or electronically to the units managing the information and data; Form No. 02, Implementation Report of Production Projects of Supporting Industry Products Confirmed with Incentives (annexed hereto and made part hereof by this Decree) shall be submitted directly, through postal service, or via electronic information environment to the units managing information and data;

b) Within five working days of receiving the request forms or documents, the information and data management agency shall review the documents, notify financial obligations (if applicable) to the organizations and individuals, and if refusing to provide information and data, must specify the reasons and respond in writing to the organizations and individuals;

c) After the organizations and individuals fulfill their financial obligations, the information and data management agency shall be responsible for providing complete and accurate information and data to the organizations and individuals.

2. Request documents for the provision of natural resources and environmental information and data shall include the following main contents:

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

b) List and content of the required information and data;

c) Purpose of using the information and data;

d) Form of exploitation and utilization of the information and data and method of receiving the results.

3. 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 the provision of information and data.

4. In cases where the person requiring the exploitation and utilization of natural resources and environmental information and data is a foreign individual in Vietnam, the request document must be confirmed and stamped by the organization or enterprise where the individual works; for foreign experts or interns working on programs or projects in ministries, sectors, localities, or studying at educational institutions in Vietnam, it must be confirmed and stamped by the competent authority of the ministry, sector, locality, or educational institution according to Implementation Report of Production Projects of Supporting Industry Products Confirmed with Incentives as set out in the Appendix issued together with this Decree.

Article 19. Exploitation and Utilization of Information and Data through Contracts

The exploitation and utilization of information and data through contracts shall be carried out in accordance with the provisions of the Civil Code between the database management agency and organizations or individuals requiring the exploitation and utilization of information and data. The model contract for providing, exploiting, and utilizing resource and environmental information and data is provided for under Form number 04 as set out in the Appendix issued together with this Decree.

Article 20. Responsibilities of Organizations and Individuals Exploiting and Utilizing Resource and Environmental Information and Data

Organizations and individuals exploiting and utilizing resource and environmental information and data shall have the following responsibilities and authorities:

1. Adhere to the principles of exploitation and utilization of information and data as stipulated at Article 5 of this Decree.

2. Shall not transfer information and data to third parties for use except in cases agreed upon in the contract with the agencies, organizations, or individuals providing the information and data.

3. Shall not distort the provided information and data for use.

4. Pay the costs of exploiting and utilizing information and data as prescribed in Article 8 of this Decree.

5. Comply with the provisions of the law on intellectual property rights.

6. Timely notify the information and data management agency about any errors in the provided information and data.

7. Have the right to lodge complaints and denunciations according to the law when their rights to exploit and utilize information and data are violated.

8. Be entitled to compensation according to the law when the information and data provider supplies inaccurate information and data causing damage to them.

Chapter V. CONNECTION AND SHARING OF RESOURCE AND ENVIRONMENTAL INFORMATION AND DATA ON THE ELECTRONIC ENVIRONMENT

Article 21. Principles of Connection and Sharing of Resource and Environmental Information and Data Between Ministries, Sectors, and Provincial People's Committees

Connection and sharing of resource and environmental information and data between ministries, sectors, and provincial people's committees; between databases on resources and environment and among related agencies and organizations shall be based on the principle that:

1. Connection, sharing, and utilization of resource and environmental information and data shall comply with the provisions of the law.

2. Ensure timely access to resource and environmental information and data to serve the assessment, forecasting, strategic planning, policy formulation, plan development, strengthening the effectiveness of state management work, and meeting the requirements for economic and social development, national defense, and security.

3. Ensure smooth and timely exchange and provision of information and data, meeting the requirements for information security and safety.

Article 22. Coordination in Connecting and Sharing Information and Data Among Resource and Environmental Databases

1. The Ministry of Natural Resources and Environment shall be responsible for

a) Taking the lead and coordinating with relevant ministries, sectors, and localities in developing procedures and regulations on connecting, sharing, and utilizing resource and environmental information and data on the electronic environment;

b) Guiding and inspecting the implementation of connecting, sharing, and utilizing resource and environmental information and data on the electronic environment.

2. Relevant ministries and sectors within their scope of management concerning information and data on resources and environment shall be responsible for:

a) Leading the connection and sharing of resource and environmental information and data on the electronic environment between their agencies and other ministries, sectors, and localities as prescribed;

b) The Ministry of Finance shall be responsible for allocating regular annual funds to support the operation of the resource and environmental information and data system on the electronic environment; The Ministry of Planning and Investment shall be responsible for allocating investment capital for tasks and projects approved by competent authorities to maintain and upgrade the operation of the resource and environmental information and data system on the electronic environment;

c) The Ministry of Information and Communications shall study and develop regulations on related information technology issues; guide and supervise the connection and sharing of information and data between information systems and resource and environmental databases on the electronic environment.

3. Provincial People's Committees are responsible for:

Connection and sharing of resource and environmental information and data on the electronic environment between the managing agency and other ministries, sectors, and localities as prescribed.

Article 23. Connecting and integrating information and data on natural resources and environmental monitoring in an electronic environment

1. Information and data on natural resources and environmental monitoring include real-time information and data and delayed information and data (which must go through analysis and processing steps). Information and data on natural resources and environmental monitoring are very important for timely response and handling in natural resource management, environmental protection, and disaster prevention and mitigation.

2. Information and data on natural resources and environmental monitoring, especially real-time information and data from state budget sources or mandatory monitoring under the law, must be collected, integrated, and shared promptly with agencies and organizations with relevant functions to serve public welfare, economic and social development, security, and national defense.

3. The Ministry of Natural Resources and Environment collects, gathers, and uniformly manages national information and data on natural resources and environmental monitoring in an electronic environment, organizes them into a national database from ministries, sectors, localities, and related organizations, implements consolidation, processing, sharing to meet common societal needs.

4. Ministries, sectors, and provincial People's Committees collect, gather, manage, and provide information and data on natural resources and environmental monitoring within their jurisdiction; integrate information and data on natural resources and environmental monitoring into the national database managed by the Ministry of Natural Resources and Environment; use information and data in the national database on natural resources and environmental monitoring according to the law.

5. The Ministry of Natural Resources and Environment provides detailed guidance on collecting, providing, and sharing information and data on natural resources and environmental monitoring.

Chapter VI. RESPONSIBILITIES AND LIMITS OF MANAGEMENT AGENCIES FOR INFORMATION AND DATA ON NATURAL RESOURCES AND ENVIRONMENT

Article 24. Responsibilities for State Management of Collection, Management, Exploitation, and Use of Information and Data on Natural Resources and Environment

1. The Government uniformly manages the collection, management, exploitation, and use of information and data on natural resources and environment.

The Ministry of Natural Resources and Environment is responsible before the Government for performing state management functions regarding the collection, management, exploitation, and use of information and data on natural resources and environment.

The Ministry of Natural Resources and Environment defines the functions, tasks, and assigns specific units under its jurisdiction for the collection, management, and provision of information and data on natural resources and environment.

2. Ministries and sectors are responsible before the Government for the collection, management, exploitation, and use of information and data on natural resources and environment that they collect.

Ministries and sectors define the functions, tasks, and assign specific units under their jurisdiction for the collection, management, and provision of information and data on natural resources and environment.

3. Provincial People's Committees within the scope of their functions and tasks are responsible for organizing and directing management agencies to implement the collection, management, storage, provision, and use of information and data on natural resources and environment at the local level.

The Department of Natural Resources and Environment is responsible for assisting the provincial People's Committee in managing the collection, management, exploitation, and use of information and data on natural resources and environment at the local level.

Article 25. Responsibilities of the Ministry of Natural Resources and Environment

1. Issuing legal normative documents, mechanisms, policies, standards, technical regulations, economic and technical norms on collecting, managing, exploiting, and using information and data on national natural resources and environment.

2. Approving plans for investigating, collecting information and data, and descriptions of information and data on natural resources and environment managed by units responsible for managing such information and data; specialized information and data on natural resources and environment submitted by such units; directing implementation after approval.

3. Guiding and inspecting ministries, sectors, and provincial People's Committees on work related to collecting, managing, providing, exploiting, and using information and data on natural resources and environment.

4. Establishing Regulations on cooperation in collecting, managing, connecting, sharing, and using information and data on natural resources and environment.

5. Managing construction, exploitation, and maintenance of the National Database on Natural Resources and Environment, specialized databases on natural resources and environment; compiling situations regarding construction, updating, operation, and exploitation of the National Database on Natural Resources and Environment and reporting to the Prime Minister.

6. Announcing lists of information and data on natural resources and environment; lists of agencies, units, and individuals providing information and data on natural resources and environment. Providing information and data on natural resources and environment to organizations and individuals according to the law.

7. Building an environment for connecting, sharing, and exchanging information and data on natural resources and environment among national databases on natural resources and environment to serve collection, management, exploitation, and use of such information and data based on information technology and communication platforms, including: Specialized standards for information and data on natural resources and environment; common software for databases; a national portal for information and data on natural resources and environment connected with other databases; services for exploiting and using information and data on natural resources and environment on the Internet; policies on information and data security and safety; policies on protecting intellectual property rights over information and data on natural resources and environment.

Article 26. Responsibilities of Ministries and Sectors

Within their respective management scope related to information and data on natural resources and environment, ministries and sectors shall have responsibilities:

1. Establishing and issuing Regulations on collecting, managing, exploiting, sharing, and using information and data on natural resources and environment; Regulations on exploiting and using the National Database on Natural Resources and Environment; organizing, inspecting, and supervising implementation.

2. Approving plans for investigating, collecting, and updating information and data on natural resources and environment and collecting and updating descriptions of such information and data managed by units responsible for managing such information and data; directing organization to implement after approval.

3. Evaluating, inspecting, and accepting information and data on natural resources and environment that have been investigated and collected.

4. Long-term storage and organizing construction, operation, and updating of databases on natural resources and environment for management, provision, and use.

5. Providing information and data to organizations and individuals needing to exploit information and data on natural resources and environment according to the law; connecting and exchanging information and data on natural resources and environment managed by themselves with relevant ministries, sectors, and provincial People's Committees.

6. The Ministry of Information and Communications shall have responsibilities:

a) Establishing and issuing technical standards and guidelines on synchronization, compatibility, access, and sharing of information between information systems and databases within state agencies and the National Database on Natural Resources and Environment to ensure smooth connection and information security;

b) Monitoring and summarizing situations regarding connection, exchange, and exploitation between national databases and the National Database on Natural Resources and Environment and reporting to the Prime Minister;

c) Organizing periodic inspections and evaluations of compliance with laws on construction, updating, operation, and exploitation of national databases concerning the National Database on Natural Resources and Environment.

7. The Ministry of Science and Technology shall cooperate with the Ministry of Natural Resources and Environment to guide the implementation of laws on protecting intellectual property rights in managing, exploiting, and using information and data on natural resources and environment.

Article 27. Responsibilities of the Provincial People's Committee

The Provincial People's Committee shall have the following responsibilities and authorities:

1. Establishing and promulgating regulations on the collection, management, exploitation, sharing, and utilization of information and data on natural resources and the environment; regulations on the exploitation and utilization of provincial-level databases on natural resources and the environment in accordance with economic and social conditions. Organizing, inspecting, and supervising the implementation by departments, agencies, and sectors within the province.

2. Approving plans for investigation, collection, updating of information and data on natural resources and the environment, and collecting and updating descriptive information about such information and data on natural resources and the environment submitted by units responsible for managing such information and data; directing their implementation after approval.

3. Directing the Department of Natural Resources and Environment to implement:

a) Preparing and submitting plans for investigation, collection, updating of information and data on natural resources and the environment, and collecting and updating descriptive information about such information and data; organizing the implementation of collection, evaluation, management, storage, publication, exploitation, and utilization of information and data on natural resources and the environment in accordance with established regulations;

b) Managing information and data in an electronic environment; building and operating databases and portals for natural resources and environmental information to serve storage, exchange, and sharing of information and data on natural resources and the environment among databases within the province, other provinces, cities, and ministries;

c) Applying information technology, organizing integration of information, data, and applications to serve agencies, organizations, and individuals in effectively exploiting and increasing the value of information and data on natural resources and the environment;

d) Storing, preserving, and providing information and data on natural resources and the environment at the Information Technology Center for Natural Resources and Environment of the Department of Natural Resources and Environment;

đ) Annually sending reports on the work of collecting, managing, exploiting, and utilizing information and data on natural resources and the environment to the Ministry of Natural Resources and Environment.

Article 28. Responsibilities of organizations and individuals collecting and providing information and data on natural resources and the environment

1. Notifying the Ministry of Natural Resources and Environment of the provision of information and data on natural resources and the environment.

2. Adhering to legal provisions regarding the collection, creation, and provision of information and data on natural resources and the environment to organizations and individuals requiring exploitation and utilization.

3. Ensuring the authenticity and accuracy of information and data on natural resources and the environment.

4. Periodically before December 15 each year, submitting reports on the work of collecting and providing information and data on natural resources and the environment to the Department of Natural Resources and Environment and the Ministry of Natural Resources and Environment according Form number 05 to the Appendix attached to this Decree.

Chapter VII.PROTECTION OF RIGHTS TO INFORMATION AND DATA ON NATURAL RESOURCES AND THE ENVIRONMENT

Article 29. Intellectual Property Rights to Information and Data on Natural Resources and the Environment

1. Information and data on natural resources and the environment are objects protected by copyright and related rights under the Law on Intellectual Property.

2. The State is the owner of copyright and property rights to information and data on natural resources and the environment collected and created using state budget funds or originating from state budgets, except where otherwise agreed.

3. Organizations and individuals are protected by copyright for information and data on natural resources and the environment collected and created from their own funding in accordance with the Law on Intellectual Property.

4. Organizations and individuals have the right to register copyrights and related rights for information and data on natural resources and the environment.

Article 30. Protection of Intellectual Property Rights for Information and Data on Natural Resources and Environment

1. The provision, exchange, storage, and use of information and data must comply with the provisions of the law on intellectual property rights.

2. Information and data may not be used without the consent of the copyright owner of the data or contrary to the provisions of the law.

3. The use of information and data must be in accordance with the purpose specified at the time of provision, and may not be used for other purposes or work without the written consent of the agency, organization, or individual owning the information and data.

4. The transfer of the right to use information and data is prohibited without the written consent of the copyright owner or the owner of the information and data. Organizations and individuals exploiting and using information and data have the responsibility to clarify the source of the information and data when requested by the competent authority.

5. Violations of intellectual property rights and ownership of information and data will be handled according to the level of violation as prescribed by law.

Chapter VIII. IMPLEMENTING PROVISIONS²

Article 31. Handling of Information and Data on Natural Resources and Environment Investigated and Collected Before the Effective Date of this Decree

Information and data on natural resources and environment that were investigated and collected using state budget funds or derived from state budget funds before the effective date of this Decree shall be handled as follows:

1. For the contents of tasks and missions being carried out in accordance with Decree No. 102/2008/NĐ-CP dated September 15, 2008 of the Government on the collection, management, exploitation, and use of data on natural resources and environment, such activities shall continue to be implemented within the determined deadlines for the contents and missions. After these deadlines, they shall comply with the provisions of this Decree.

2. For information and data on natural resources and environment that are products of ongoing tasks and missions but have not yet been inspected or accepted, the managing agencies shall consider the conditions and adjust the contents to organize the implementation of tasks in accordance with the provisions of this Decree.

Article 32. Effectiveness

This Decree takes effect from August 1, 2017, and replaces Decree No. 102/2008/NĐ-CP dated September 15, 2008 of the Government on the collection, management, exploitation, and use of data on natural resources and environment.

Article 33. Implementation Organization

1. The Minister of Natural Resources and Environment is responsible for guiding and supervising the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial and centrally-administered city People's Committees are responsible for implementing this Decree./.

ANNEX
(Attached to Decree No. 73/2017/NĐ-CP dated June 14, 2017 of the Government)

Form No. 01

1. Name of organization/person:…

Legal representative (for organizations):…

Identity Card Number/Citizen Identification Card Number/Personal Identifier Number³, date of issue, place of issue (for individuals):…

2. Address:…

3. Telephone:…Fax:…E-mail:…

Implementing Decree No. 73/2017/NĐ-CP dated June 14, 2017 of the Government on the collection, management, exploitation, and use of information and data on natural resources and environment,

(Name of organization/person) hereby notifies the list of information and data on natural resources and environment currently stored and provides them as follows:

We commit to providing information and data on natural resources and environment in compliance with the laws on national security protection, intellectual property rights, and we are responsible for the origin of the information and data./.

_________________

¹ According to the area where the organization or individual has information and data on natural resources and environment.

Form No. 02

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
___________

…, day … month … year …

Respectfully submitted to: ...

1. Name of organization or individual requesting information and data:…

............................................................................................................................................

Identity Card Number/Citizen Identification Card Number/Personal Identifier Number⁴, date of issue, place of issue (for individuals):…

2. Address:…

3. Telephone, Fax, E-mail:…

4. List and content of information and data required to be provided:

............................................................................................................................................

............................................................................................................................................

5. Purpose of using information and data:

............................................................................................................................................

............................................................................................................................................

6. Method of exploitation, use, and manner of receiving results (viewing, reading on-site; photocopying; receiving directly at the information and data provider or sending through postal service...):

.............................................................................................................................................

7. Commitment to using information and data:…

____________________

¹ In case the requester is an agency or organization, the head of the agency must sign, write their full name, and affix the seal; if an individual, they must sign and write their full name.

Implementation Report of Production Projects of Supporting Industry Products Confirmed with Incentives

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
___________

…, day … month … year …

Respectfully submitted to: ...

1. Requester of information and data:…

.............................................................................................................................................

2. Place of work/study:…

............................................................................................................................................

3. Nationality, Passport Number:…

.............................................................................................................................................

4. Telephone, Fax, E-mail:…

.............................................................................................................................................

5. List and content of information and data requested to be provided:…

.............................................................................................................................................

6. Purpose of using information and data:…

.............................................................................................................................................

7. Method of exploitation, use, and manner of receiving results (viewing, reading on-site; photocopying; receiving directly at the information and data provider or sending through postal service...):…

.............................................................................................................................................

8. Commitment of the requester to use information and data:…

.............................................................................................................................................

Form number 04

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
________________

…, day … month … year …

CONTRACT
FOR PROVISION, EXPLOITATION, AND USE OF INFORMATION AND DATA ON NATURAL RESOURCES AND ENVIRONMENT

Number:                     /HĐ

Based on the Civil Code;

Considering the needs and capabilities of both parties,

Today, the … day of the … month of the … year, at …, we include:

1. The party providing information and data (Party A):

Representative:…

Position:…

Address:…

Telephone …Fax: …Email: …

Bank Account Number:…

2. The party exploiting and using information and data (Party B):

Name of organization or individual:…

Representative:…

Position:…

Address:…

Telephone …Fax: …Email: …

Bank Account Number:…

Both parties agree to sign a contract for the exploitation and use of information and data as follows:

Article 1. Content of the Contract:

(Regarding the provision, exploitation, and use of information and data)

.............................................................................................................................................

Article 2. Time of Implementation:

… days, starting from the … day of the … month of the … year

Article 3. Forms of exploitation, use, and methods of receiving results:

- Form of exploitation, use:...

- Exploitation and use through access:...

- Receiving directly at the information and data providing agency:...

- Receiving via postal service:...

Article 4. Contract value and payment method:

Payment for exploitation and use of information and data is:...dong

(In words:...dong)

Of which: Payment for exploitation and use of information and data is:...dong

Service fee for provision of information and data is:...dong

Advance payment amount:...dong

Payment method (cash, transfer):...

Article 5. Responsibilities and authorities of both parties:

.............................................................................................................................................

Article 6. Supplementing, amending, terminating the contract and handling disputes:

.............................................................................................................................................

Article 7. General Provisions

1. This contract is made in …copies, each having equal legal force, Party A retains … copies, Party B retains … copies.

2. This contract takes effect from the date...

Form number 05

REPORT

SITUATION OF INFORMATION AND DATA PROVISION ON NATURAL RESOURCES AND ENVIRONMENT

Year …/from month   year …to month   year…

1. Name of organization/person:…

Legal representative (for organizations):…

Identity Card Number/Citizen Identification Card Number/Personal Identifier Number⁵, date of issue, place of issue (for individuals):…

2. Address:…

3. Telephone:…Fax:…E-mail:…

4. Information and data provided:...

We/I hereby take full responsibility for all contents of this report./.

________________

¹ According to the area where the organization or individual has information and data on natural resources and environment.

¹ Decree No. 22/2023/NĐ-CP dated May 12, 2023 of the Government amending and supplementing some articles of decrees related to business activities in the field of natural resources and environment is based on the following grounds:

"On the basis of the Law on Water Resources dated June 21, 2012;

Pursuant to the Law on Minerals dated November 17, 2010;

Pursuant to the Law on Meteorology and Hydrology dated November 23, 2015;

Pursuant to the Law on Biodiversity dated November 13, 2008;

Pursuant to the Investment Law dated June 17, 2020;

At the proposal of the Minister of Natural Resources and Environment;

The Government promulgates this Decree amending and supplementing some articles of decrees related to business activities in the field of natural resources and environment."

² Article 12 of Decree No. 22/2023/NĐ-CP amending and supplementing some articles of decrees related to business activities in the field of natural resources and environment, effective from May 12, 2023, provides as follows:

"Article 12. Implementation Provisions"

1. This Decree takes effect from the date of issuance.

2. Transitional Provisions

Investment and business conditions, files received fully and properly before the effectiveness of this Decree shall be processed according to the provisions of current decrees at the time of receipt.

3. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairmen of provincial/municipal People's Committees under the central government, and relevant organizations and individuals are responsible for implementing this Decree./”

³ The phrase “ID number/Citizen Identity Card” is replaced by the phrase “Citizen Identification Card number/Citizen Identity Card/Personal Identification Number” pursuant to Article 11 of Decree No. 22/2023/NĐ-CP amending and supplementing some articles of decrees related to business activities in the field of natural resources and environment, effective from May 12, 2023.

⁴ The phrase “ID number/Citizen Identity Card” is replaced by the phrase “Citizen Identification Card number/Citizen Identity Card/Personal Identification Number” pursuant to Article 11 of Decree No. 22/2023/NĐ-CP amending and supplementing some articles of decrees related to business activities in the field of natural resources and environment, effective from May 12, 2023.

⁵ The phrase “ID number/Citizen Identity Card” is replaced by the phrase “Citizen Identification Card number/Citizen Identity Card/Personal Identification Number” pursuant to Article 11 of Decree No. 22/2023/NĐ-CP amending and supplementing some articles of decrees related to business activities in the field of natural resources and environment, effective from May 12, 2023.