Circular No. 11/2019/TT-BLDTBXH on the construction, management, updating, exploitation, and use of social assistance and poverty reduction databases

CIRCULAR

REGULATIONS ON THE CONSTRUCTION, MANAGEMENT, UPDATE, EXPLOITATION AND USE OF SOCIAL ASSISTANCE AND POVERTY REDUCTION DATABASES

AND UTILIZATION

Pursuant to the Law on Information Technology;

Pursuant to Decree No. 64/2007/NĐ-CP dated April 10, 2007 of the Government on the application of information technology in the activities of state agencies;Pursuant to Decree No. 14/2017/NĐ-CP dated February 17, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids and Social Affairs;

Pursuant to Decision No. 59/2015/QĐ-TTg dated November 19, 2015 of the Prime Minister promulgating the multidimensional poverty reduction standard applicable for the period 2016-2020;The Minister of Labor, Invalids and Social Affairs issues this Circular stipulating the construction, management, update, exploitation and use of social assistance and poverty reduction databases.

Article 1. Scope of Application

Article 1. This Circular stipulates the construction, management, update, exploitation and use of social assistance and poverty reduction databases.

At the proposal of the Director of the Social Assistance Administration,

Article 2. This Circular applies to units under the Labor, Invalids and Social Affairs sector and organizations and individuals responsible for constructing, managing, updating, exploiting and using social assistance and poverty reduction databases.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Social assistance and poverty reduction database

(hereinafter referred to as the database) is a data repository and information management system about households, beneficiaries of social assistance policies and information about poor households, near-poor households, poor individuals, near-poor individuals (MIS POSASoft) based on a web platform, with the address http://misposasoft.molisa.gov.vn, stored at the Ministry of Labor, Invalids and Social Affairs and secondary database servers located at provincial Departments of Labor, Invalids and Social Affairs under central cities and provinces.

Article 2. Interpretation of Terms

In this Circular, the following terms are understood as follows:

1. Data are characters, numbers, images, sounds, videos that can be processed and stored by computer software.

2. Information, output statistics are tables and charts of information and statistics serving management and reporting.

3. are the 2015 household and individual data of beneficiaries of social assistance policies (hereinafter referred to as beneficiaries) as prescribed in Decree No. 136/2013/NĐ-CP dated October 21, 2013 of the Government on social assistance policies for beneficiaries of social protection (hereinafter referred to as Decree No. 136/2013/NĐ-CP) and poor households, near-poor households, poor individuals, near-poor individuals according to the results of the 2015 national survey on poor and near-poor households as prescribed in Decision No. 59/2015/QĐ-TTg dated November 19, 2015 of the Prime Minister promulgating the multidimensional poverty reduction standard applicable for the period 2016-2020 (hereinafter referred to as Decision No. 59/2015/QĐ-TTg) and stored at the Data Integration Center of the Ministry of Labor, Invalids and Social Affairs. Login account

4. Original data includes access name and password to log into the database for organizations and individuals to update, exploit and use.

5. CONSTRUCTION, MANAGEMENT, UPDATE, EXPLOITATION AND USE OF DATABASES Article 3. Construction and management of the database

Chapter II

Clause 1. The database is constructed and managed uniformly from the Ministry of Labor, Invalids and Social Affairs, provincial Departments of Labor, Invalids and Social Affairs, and district-level Labor, Invalids and Social Affairs offices. Provincial Departments of Labor, Invalids and Social Affairs are responsible for organizing annual reviews and updates of the database in accordance with this Circular. Updates and exploitation of the database are delegated and authorized according to login accounts.

Clause 2. Agencies, organizations, and individuals within their assigned functions and responsibilities for managing, updating, exploiting, and using the database shall implement the principles and requirements for database management as prescribed by law.

Clause 3. Common directories of the database are managed and ensured to be up-to-date and synchronized with common directories of ministries, sectors, and the nation to meet the needs of interoperability and sharing of databases among state agencies for e-Government services.

Clause 4. The construction, upgrading, and development of the database from original data; data collection, standardization, integration, and updating; storage, security, and ensuring information safety in the database; training, instruction, capacity building, and organization of personnel managing and operating the database shall be carried out in accordance with laws on social assistance, poverty reduction, cybersecurity, and other related laws.

3. The common database directory shall be managed and kept up-to-date, synchronized with the common directories of ministries, sectors, and the nation to meet the requirements for compatibility and data sharing among state agencies serving the electronic government.

4. The construction, upgrading, and development of databases from original data; the collection, standardization, integration, and updating of data; the storage, security, and assurance of information safety within the database; training, instruction, capacity building, and organization of personnel managing and operating the database shall be carried out in accordance with the provisions of social assistance laws, poverty reduction laws, cyber information security laws, and other relevant laws.

Article 4. Updating and changing information for social assistance beneficiaries

1. For provinces and centrally governed cities that have connected their databases with online public services, the beneficiary, the lawful representative of the beneficiary, or the administrative service provider shall register the information on the beneficiary's policy benefits and update personal information changes of the beneficiary to be transferred to the competent state management unit at the same level to proceed with subsequent procedures in accordance with the law on social assistance policies.

The beneficiary, the lawful representative of the beneficiary, or the administrative service provider shall not arbitrarily change information about the beneficiary's regime and policies. The updating and changing of the beneficiary's regime and policies shall be carried out by the state management agency in accordance with the provisions of the law on social assistance policies.

2. For provinces and centrally governed cities that have not yet connected their databases with online public services, during the implementation of social assistance policies, the People's Committee of the commune shall, based on the regulations on procedures and files stipulated in Decree No. 136/2013/NĐ-CP, update the beneficiary's information and update the information when the beneficiary's conditions for enjoying policies change, through tools extracted from the system.

3. During the process of reviewing and approving social assistance policy applications, the Department of Labor, Invalids, and Social Affairs shall update the beneficiary's information according to the authority granted, monitor and update the information, ensuring the tracking of beneficiary movements within the managed area.

Article 5. Updating and changing information for poor households and near-poor households

1. For provinces and centrally governed cities that have connected their databases with online public services, the representative of the poor household, the near-poor household, the lawful representative of the poor household, the near-poor household, or the administrative service provider shall update and declare the personal information of the poor household, the near-poor household to be transferred to the competent state management unit at the same level to proceed with subsequent procedures in accordance with the law on poverty reduction policies.

The representative of the poor household, the near-poor household, the lawful representative of the poor household, the near-poor household, or the administrative service provider shall not change information about the regime and policies of the poor household, the near-poor household. The updating and changing of the poor household, the near-poor household's regime and policies shall be carried out by the state management agency in accordance with the provisions of the law on poverty reduction policies.

2. For provinces and centrally governed cities that have not yet connected their databases with online public services, based on the results of regular and periodic annual reviews of poor households and near-poor households following the procedures outlined in Circular No. 17/2016/TT-BLDTBXH dated June 28, 2016, issued by the Ministry of Labor, Invalids, and Social Affairs guiding the annual review procedures for poor households and near-poor households using multi-dimensional poverty standards applicable from 2016 to 2020, and Circular No. 14/2018/TT-BLDTBXH dated September 26, 2018, issued by the Ministry of Labor, Invalids, and Social Affairs amending and supplementing some articles of Circular No. 17/2016/TT-BLDTBXH dated June 28, 2016, issued by the Ministry of Labor, Invalids, and Social Affairs guiding the annual review procedures for poor households and near-poor households, the poverty reduction work staff at the commune level or the person assigned by the competent authority at the grassroots level shall organize the management, updating, and changing of information for poor households and near-poor households in the database.

Article 6. Updating, Exploiting and Using Information from the Database

1. The exploitation and sharing of information and data shall be carried out according to the分级和权限制度。没有登录账户的组织和个人如需获取信息，应向管理部门提出申请，并按法律规定提供信息。负责管理数据库的机构接收并考虑根据要求向组织和个人提供信息和数据。

2. The Department of Labor, Invalids and Social Affairs, the Labor, Invalids and Social Affairs Office, and related agencies and organizations have the right to use the output information and data of the system in accordance with the regulations.

3. The unit managing the database is responsible for issuing, managing accounts and passwords for organizations and individuals to update and exploit information and data within their分级和权限范围；receive and process feedback and complaints from organizations and individuals regarding information and data about beneficiaries within their management scope.

4. Relevant units under the Ministry of Labor, Invalids and Social Affairs have the right to use information and data about beneficiaries; receive and process feedback and complaints from organizations and individuals regarding information and data and technical limitations in exploiting and using information and data in accordance with the regulations.

5. Individuals permitted to use information and data in accordance with laws on access to information must adjust information within their分级管理权限as stipulated by laws on social assistance and poverty reduction; immediately report any errors in updating information and data or any inaccuracies in the information to the same-level management agency upon discovery.

Article 7. Information Security

1. The social assistance and poverty reduction database system ensures information system security in accordance with Decree No. 85/2016/NĐ-CP dated July 1, 2016 of the Government on ensuring information system security by level. Agencies, organizations, and individuals responsible for managing, updating, exploiting, and using information and data, who are granted login accounts, passwords, and access permissions to the system, must ensure security and confidentiality, and are responsible for securing passwords and properly maintaining equipment and using established permissions on the system. Login names and passwords serve as the basis for determining the responsibility of each user in performing system functions.

2. Administrative staff shall implement access permissions for organizations and individuals to the database.

3. The main server is managed and operated by the Information Center under the Ministry of Labor, Invalids and Social Affairs.

4. The main server at the Department of Labor, Invalids and Social Affairs is managed and operated by the Department of Labor, Invalids and Social Affairs.

5. Servers and workstations must install antivirus software, operating system software, and database software that have valid licenses and should be regularly updated to ensure system safety and security.

6. Data must be updated regularly, and at the end of each month, the central social assistance and poverty reduction database must be stored as a backup data set. This backup can be restored in case of equipment failure. At the end of each year, the database must be backed up as an annual data set.

7. Backup data must be stored on unified, secure, and safe storage devices.

8. The database management unit is responsible for organizing and guiding related units in implementing permissions, backing up data, and storing the database uniformly, securely, and safely.

9. Any actions that distort database information,擅自修改数据库软件或将其用于个人目的而不符合规定的行为，严格禁止。

Article 8. Installation, backup, and data recovery

1. The database shall be installed, stored, and managed at the Information Center under the Ministry of Labor, Invalids, and Social Affairs, and the server shall be located at the Departments of Labor, Invalids, and Social Affairs of provinces and centrally-administered cities.

2. The database shall be stored using specialized storage devices by units and individuals responsible for system management and database administration at the Ministry of Labor, Invalids, and Social Affairs, Departments of Labor, Invalids, and Social Affairs, and District Labor, Invalids, and Social Affairs Offices. Such units shall regularly back up the data and perform emergency backups when required. Backup data must be securely stored and periodically checked to ensure readiness for recovery in case of incidents. In the event of data loss, the data must be recovered from the most recent backup.

Article 9. Maintenance, repair, and upgrading of the database

1. The database shall be monitored and supervised to ensure continuous operation 24 hours a day, every day of the year, and shall be regularly maintained and repaired.

2. Database software shall be upgraded promptly to keep pace with the development of information technology, meeting the management and operational requirements of the Ministry of Labor, Invalids, and Social Affairs and the needs of organizations and individuals related to managing, updating, exploiting, and utilizing information and data.

Article 10. Management of accounts for the database

1. Login accounts for users to update and exploit the database shall be named according to the convention: For provincial level <province code>.<unit name>, for district level <district code>.<unit name>. The province and district codes shall be taken from the list of administrative unit codes issued by Decision No. 124/2004/QD-TTg dated July 8, 2004, of the Government on the issuance of the list and codes of administrative units in Vietnam and related supplementary and amended documents. Account names shall be written continuously without spaces.

2. The login account password shall consist of at least eight characters, including both letters and numbers. A new password must differ from the old one.

3. The process of issuing and changing accounts shall be carried out in the following sequence:

a) The unit requesting an account shall submit a written request to the agency or unit managing the database according to the分级任务如下：

b) The database management unit creates the account, guides the user on how to use the newly issued account, and sends a written notice of the account issuance to the requesting unit.

c) The person receiving the account must change the password after their first login to the system.

4. Account revocation shall be carried out in the following cases:

a) When the user ceases responsibility for work related to the account and the main unit informs the database management unit in writing;

b) When the main unit issues a written notice or the system administrator discovers that the login account has violated system operation regulations. After revoking the account, the database management unit shall send a written notice of the result to the main unit of the system user.

Chapter III

IMPLEMENTATION

Article 11. Responsibilities of relevant units under the Ministry of Labor, Invalids, and Social Affairs

1. The Social Assistance Department:

a) Is the unit responsible for building, managing, exploiting, and using the database;

b) Guides, promotes, trains, and provides instruction to enhance capacity, inspects, and supervises agencies, localities, and social assistance facilities in updating, exploiting, and using the social assistance and poverty reduction database system;

c) Assists the Minister of Labor, Invalids, and Social Affairs in directing and coordinating with related units to timely complete, update, repair, and upgrade the software system in response to changes in documents, policies, or due to operational errors, not meeting management, updating, exploitation, and usage requirements.

2. The National Office for Poverty Reduction: guides and urges localities to organize reviews and collect, update information and data on poor and near-poor households within their jurisdiction into the database.

3. The Information Center: manages the system, ensures technological infrastructure, organizes the implementation of security, safety, and confidentiality measures for the system and database. Reviews and proposes plans and solutions to maintain continuous system operation and upgrades before the system becomes overloaded.

Article 12. Responsibilities of local labor authorities

The Departments of Labor, Invalids, and Social Affairs of provinces and centrally governed cities shall direct the Labor, Invalids, and Social Affairs Offices to guide, urge, inspect, and supervise social work officers at the district and commune levels in collecting and updating beneficiaries into the database as prescribed; implement the connection of the database with the online public service system to handle policies for beneficiaries according to the laws on social assistance and poverty reduction.

Article 13. Implementation funds

The funds for managing, promoting awareness, training, and instructing officials; maintaining, updating, utilizing, and operating the social assistance and poverty reduction database shall be sourced from the state budget according to the current classification level; resources raised, sponsored, and contributed by organizations and individuals both domestically and internationally, and other lawful sources as prescribed by law.

Article 14. Effective Date

1. This Circular takes effect from September 3, 2019.

2. During implementation, if there are any difficulties, they should be promptly reported to the Ministry of Labor, Invalids, and Social Affairs for consideration and resolution.