Circular No. 13/2016/TT-BTP stipulates the procedures for providing, receiving, updating information and exploiting, using the National Database on Administrative Offense Handling.

COMMUNICATING THEAMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF CIRCULAR NO. 16/2025/TT-BCT DATED FEBRUARY 1, 2025 OF THE MINISTER OF INDUSTRY AND TRADE ON THE OPERATION OF THE COMPETITIVE WHOLESALE ELECTRICITY MARKET

Regulations on the process of providing, receiving, updating information

and exploiting, using the National Database on Administrative Offense Handling

__________________

Pursuant to the Law on Handling Administrative Violations dated June 20, 2012;

Pursuant to Decree No. 20/2016/NĐ-CP dated March 30, 2016 of the Government stipulating the National Database on Administrative Offense Handling;

Pursuant to Decree No. 22/2013/NĐ-CP dated March 13, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

At the proposal of the Director of the Department of Administrative Violation Management and Legal Supervision;

The Minister of Justice promulgates this Circular stipulating the process of providing, receiving, updating information and exploiting, using the National Database on Administrative Offense Handling.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the process of providing, receiving, updating information and exploiting, using the National Database on Administrative Offense Handling.

Article 2. Applicability

This Circular applies to:

1. Authorities and persons authorized to impose administrative penalties.

2. Authorities executing decisions on administrative penalties.

3. Authorities executing coercive measures to enforce decisions on administrative penalties.

4. Authorities and persons authorized to decide on the application of administrative handling measures.

5. Authorities executing decisions on the application of administrative handling measures.

6. State management authorities for administrative offense handling.

7. State power bodies performing supervisory functions over administrative offense handling work.

8. Organizations subject to penalties and individuals subject to administrative violations.

Article 3. Principles for Providing, Receiving, Updating Information and Exploiting, Using the National Database on Administrative Offense Handling

In addition to the principles prescribed in Article 4 of Decree No. 20/2016/NĐ-CP dated March 30, 2016 of the Government stipulating the National Database on Administrative Offense Handling (hereinafter referred to as Decree No. 20/2016/NĐ-CP), the process of providing, receiving, updating information and exploiting, using the National Database on Administrative Offense Handling must comply with the following principles:

1. The process of updating information into and providing information from the National Database on Administrative Offense Handling must be in accordance with the procedures and formalities prescribed by law.

2. The exploitation and use of the National Database on Administrative Offense Handling through electronic means shall be carried out using access accounts issued by the managing authority of the National Database on Administrative Offense Handling.

Article 4. Prohibited Actions

In addition to the prohibited acts stipulated in Article 6 of Decree No. 20/2016/NĐ-CP, during the process of providing, receiving, updating information and exploiting, using the National Database on Administrative Offense Handling, the following acts shall not be performed:

1. Failure to perform or delay in performing the provision, receipt, and update of information as prescribed.

2. Intentionally causing data loss.

3. Disclosing connection methods, addresses, and access codes to the National Database on Administrative Offense Handling that have been issued.

4. Exploiting data in the National Database on Administrative Offense Handling beyond the scope of shared information fields.

5. Providing or sharing information exploited from the National Database on Administrative Offense Handling with other organizations or individuals.

Article 5. Information on administrative violations being newly entered and updated into the National Database on Administrative Violation Handling

1. The information to be newly entered into the National Database on Administrative Violation Handling includes:

a) Information about: the subject being administratively sanctioned; the subject being subject to administrative measures; the subject being subject to family-based management measures;

b) Number, date, month, year of issuance: Decision on administrative sanction; Decision on application of administrative measures; Decision on application of family-based management measures;

c) Violating act; form of sanction, fine amount; remedial measures (if applicable);

d) Violating act; administrative measure applied; duration of application;

đ) Reason for applying family-based management measures; duration of application, date of enforcement of Decision on application of family-based management measures;

e) Name of organization or individual cooperating in supervising minors subject to family-based management measures;

g) Authority of the person with the power to impose administrative sanctions, position of the person issuing the Decision on administrative sanction; authority or authority of the person with the power to decide on application of administrative measures; authority of the person with the power to decide on application of family-based management measures, position of the person issuing the Decision on application of family-based management measures.

2. The information to be updated and supplemented into the National Database on Administrative Violation Handling includes:

a) Suspension of execution of fine decision; temporary suspension of execution of Decision on administrative sanction; cessation of execution of forms of sanction or amendment, supplementation, or revocation of Decision on administrative sanction (if applicable);

b) Reduction, exemption from fine payment; multiple payments of fine (amount already paid, amount yet to be paid (if applicable));

c) Forced execution of Decision on administrative sanction (if applicable);

d) Completion time of execution: Decision on administrative sanction; Decision on application of administrative measures; Decision on application of family-based management measures;

đ) Suspension, exemption; reduction of duration, temporary suspension or exemption from remaining time at educational facility, compulsory education institution, compulsory drug rehabilitation center;

e) Termination time of application of family-based management measures (if applicable); reason for termination; subsequent handling measures;

g) Complaints, lawsuits: Decision on administrative sanction (if applicable); Decision on application of administrative measures (if applicable); Decision on application of family-based management measures (if applicable);

h) Recommendations, objections to Decision on application of administrative measures (if applicable).

Chapter II

PROVISION AND RECEIPT OF INFORMATION ON ADMINISTRATIVE VIOLATION HANDLING

Article 6. Responsibility for providing information on administrative violation handling

1. The authority of the person with the power to impose sanctions shall be responsible for providing the information specified in points a, b, c, and g Clause 1, points a, b, d, and g Clause 2, Article 5 of this Circular.

2. The authority enforcing the decision on administrative sanction shall be responsible for providing the information specified in points a, b, and d Clause 2, Article 5 of this Circular.

3. The authority enforcing the decision on forced execution of administrative sanction shall be responsible for providing the information specified in points c and d Clause 2, Article 5 of this Circular.

4. The authority or authority of the person with the power to decide on application of administrative measures shall be responsible for providing the information specified in points a, b, d, đ, e, and g Clause 1, Article 5 of this Circular.

5. The authority enforcing decisions on application of administrative measures shall be responsible for providing the information specified in points d, đ, e, g, and h Clause 2, Article 5 of this Circular.

Article 7. Time limit for providing information on administrative violation handling

1. Within two working days from the date of issuance of the Decision on Administrative Offense Fine, the Decision on Administrative Handling Measures, or the Decision on Family-Based Management Measures and related decisions, the agencies specified in Article 6 of this Circular must provide information to the person or department responsible for receiving and updating information within their agency.

2. In remote areas, border regions, mountainous areas where travel is difficult, the time limit for providing information on administrative offense fines to the person or department responsible for receiving and updating information may be extended but shall not exceed four working days from the date of issuance of the Decision on Administrative Offense Fine.

3. In cases where fines are collected on the spot or penalties are imposed at sea, the agency of the authorized authority imposing the penalty shall be responsible for providing information to the person or department responsible for receiving and updating information within their agency within two working days from the date of depositing the collected fine into the State Treasury or at a commercial bank authorized by the State Treasury to collect fines or depositing it into the State Treasury's account.

Article 8. Responsibilities for Receiving, Checking and Time Limit for Checking Information on Administrative Violation Handling

1. The person assigned or the department responsible for receiving and updating information on administrative violation handling of the agencies specified in Article 6 of this Circular (hereinafter referred to collectively as the receiving and updating department) shall be responsible for receiving and checking information on administrative violation handling.

2. The checking of information on administrative violation handling must be carried out in the following sequence:

a) The receiving and updating department shall be responsible for checking information on administrative violation handling based on the provided documents.

b) When discovering that the information on administrative violation handling is incomplete or unclear, the receiving and updating department must request the agency that provided the information to supplement or clarify the information. The supplementation and clarification of information shall be completed within one working day.

3. The time limit for checking information on administrative violation handling is one working day, starting from the date of receipt of the information provided by the agency specified in Article 6 of this Circular.

Chapter III

UPDATING, CORRECTING, SUPPLEMENTING AND AMENDING INFORMATION IN THE NATIONAL DATABASE ON ADMINISTRATIVE VIOLATION HANDLING

NATIONAL DATABASE ON ADMINISTRATIVE VIOLATION HANDLING

Article 9. Responsibilities for Updating, Correcting, Supplementing and Amending Information in the National Database on Administrative Violation Handling

1. The department responsible for receiving and updating information specified in Clause 1 of Article 8 of this Circular shall be responsible for updating information into the National Database on Administrative Violation Handling. At agencies with an independent receiving and updating department, the Head of the Agency must assign one person to be responsible for assigning tasks and approving information into the database.

2. The Heads of the agencies specified in Article 6 of this Circular shall decide on correcting and supplementing information when errors, mistakes, or missing information are discovered in the National Database on Administrative Violation Handling.

3. The agencies specified in Article 6 of this Circular shall carry out the amendment of information in the National Database on Administrative Violation Handling, or the Managing Authority of the National Database on Administrative Violation Handling shall carry out the amendment of information based on the proposal of the Head of the agency specified in Article 6 of this Circular.

Article 10. Entering new information into the National Database for Handling Administrative Violations

1. The unit receiving and updating information shall enter new information into the National Database for Handling Administrative Violations after conducting a check on the information in the documents regarding administrative violation handling as stipulated in Clause 1, Article 5 of this Circular.

2. The person assigned or the head of the unit receiving and updating information shall verify and compare the newly entered information with the information in the documents regarding administrative violation handling; if the information is accurate, they shall approve the information to be entered into the database.

3. In case of discovering errors or unclear information, the person assigned or the head of the unit receiving and updating information must request the agency that provided the information to supplement or clarify the information within 01 (one) working day. After receiving the supplementary or clarified information, they shall approve the information to be entered into the database.

4. The deadline for entering new information into the National Database for Handling Administrative Violations is 01 (one) working day, starting from the date when the result of checking the information according to Article 8 of this Circular is obtained.

5. The unit receiving and updating information shall store documents regarding administrative violation handling in accordance with the laws on archiving after entering new information into the National Database for Handling Administrative Violations.

Article 11. Updating and Supplementing Information in the National Database for Handling Administrative Violations

1. The unit receiving and updating information shall update and supplement information into the National Database for Handling Administrative Violations after conducting a check on the information in the documents regarding administrative violation handling as stipulated in Clause 2, Article 5 of this Circular.

2. The person assigned or the head of the unit receiving and updating information shall verify and compare the newly updated and supplemented information with the information in the documents regarding administrative violation handling; if the information is accurate, they shall approve the information to be entered into the database.

3. In case of discovering errors or unclear information, the person assigned or the head of the unit receiving and updating information shall request the agencies that provided the information to supplement or clarify the information within 01 (one) working day. After receiving the supplementary or clarified information, they shall approve the information to be entered into the database.

4. The deadline for updating and supplementing information into the National Database for Handling Administrative Violations is 01 (one) working day, starting from the date when the result of checking the information according to Article 8 of this Circular is obtained.

5. The unit receiving and updating information shall store documents regarding administrative violation handling in accordance with the laws on archiving after updating and supplementing information into the National Database for Handling Administrative Violations.

Article 12. Checking Electronic Data in the National Database for Handling Administrative Violations

1. The person assigned or the head of the unit receiving and updating information shall be responsible for checking electronic data in the National Database for Handling Administrative Violations.

2. The checking of electronic data in the National Database for Handling Administrative Violations shall be carried out as follows:

a) Regularly at the end of each month's work week;

b) Within 01 (one) working day, starting from the date when there is evidence to determine discrepancies, errors, mistakes, or missing information compared to the files and documents regarding administrative violation handling.

3. In case of discovering discrepancies or errors, mistakes, or missing information in the National Database for Handling Administrative Violations, within 02 (two) working days, starting from the date of discovery, the person assigned or the head of the unit receiving and updating information shall have the responsibility to report in writing to the Head of the Agency for handling.

Within 01 (one) working day, starting from the date of receiving the report from the unit receiving and updating information, the Head of the Agency must issue a document confirming accurate information or a document acknowledging errors, mistakes in the data or missing information in the National Database for Handling Administrative Violations.

Article 13. Correction and Supplement of Information in the National Database on Administrative Violation Handling

1. Data in the National Database on Administrative Violation Handling shall be corrected or supplemented when there is a written confirmation from the Head of the agency specified in Article 6 of this Circular regarding errors, mistakes, or missing information in the National Database on Administrative Violation Handling.

2. The Head of the agency specified in Article 6 of this Circular decides on the content to be corrected or the additional information within their responsibility. The person assigned or the head of the department responsible for receiving and updating information shall be responsible for implementing the correction or supplementation of information in the National Database on Administrative Violation Handling.

3. The correction or supplementation of information shall be carried out within 01 (one) working day from the date of receipt of the written document from the Head of the agency deciding on the content to be corrected or the additional information.

4. The department responsible for receiving and updating information shall retain relevant documents related to the correction or supplementation of information according to the legal regulations on record keeping after the correction or supplementation of information in the National Database on Administrative Violation Handling.

Article 14. Adjustment of Information in the National Database on Administrative Violation Handling

1. Data in the National Database on Administrative Violation Handling shall be adjusted when there is a written determination of accurate information from the Head of the agency specified in Article 6 of this Circular based on files and stored documents on administrative violation handling.

2. The Head of the agency specified in Article 6 of this Circular must trace the original information about administrative violation handling on stored documents within their responsibility to determine accurate information.

3. The adjustment of information in the National Database on Administrative Violation Handling shall be carried out in one of the following two ways:

a) The person assigned or the head of the department responsible for receiving and updating information shall implement the adjustment of information in the National Database on Administrative Violation Handling according to the decision of the Head of the agency specified in Article 6 of this Circular.

b) The managing agency of the National Database on Administrative Violation Handling shall carry out the adjustment of information in the National Database on Administrative Violation Handling according to the written request of the Head of the agency specified in Article 6 of this Circular.

4. The adjustment of information shall be carried out within 01 (one) working day from the date of receipt of the written document from the Head of the agency who has determined accurate information from files and stored documents on administrative violation handling.

5. The department responsible for receiving and updating information shall retain relevant documents related to the adjustment of information according to the legal regulations on record keeping after the adjustment of information in the National Database on Administrative Violation Handling.

Chapter IV

EXPLOITATION AND USE OF THE NATIONAL DATABASE ON ADMINISTRATIVE VIOLATION HANDLING

ON ADMINISTRATIVE VIOLATIONS HANDLING

Article 15. Responsibilities of the Managing Agency in Exploitation and Use of the National Database on Administrative Violation Handling

The managing agency of the National Database on Administrative Violation Handling shall have the responsibility to:

1. Provide information from the National Database on Administrative Violation Handling to the entities specified in Clause 1 of Article 18 of this Circular upon request and ensure timely, full, and accurate provision of information as requested by agencies, organizations, or individuals.

2. Ensure and support the entities specified in Clause 1 of Articles 16 and 17 of this Circular in connecting, integrating data, accessing information, or online access and search for information in the National Database on Administrative Violation Handling.

3. Ensure regular and timely updates and accuracy of data in the National Database on Administrative Violation Handling.

4. Ensure the establishment of user-friendly search tools.

5. Ensure that the data format complies with technical standards and norms for quick display.

6. Receive and process information about errors, mistakes, or missing information in the National Database on Administrative Violation Handling provided by agencies, organizations, or individuals specified in Clause 1 of Articles 16, 17, and 18 of this Circular.

7. Respond in writing and specify reasons for cases where connection, integration of data, access to information, or online access and search for information or refusal to provide information from the National Database on Administrative Violation Handling is denied.

8. Collect, manage, and use costs for providing information to organizations subject to penalties and individuals subject to administrative violation handling in accordance with the provisions of the law.

Article 16. Exploitation and utilization of the National Database on Administrative Violation Handling through computer network connection

1. The head of the specialized data management agency shall submit a written request for connection, integration of data, and access to information in the National Database on Administrative Violation Handling to the managing agency of the National Database on Administrative Violation Handling.

2. Within seven (7) working days from the date of receipt of the written request, the managing agency of the National Database on Administrative Violation Handling must issue a written agreement for connection if conditions are met, specifying the method of connection, data integration, and number of shared information fields, or a refusal letter not allowing connection, data integration, and access to information in the National Database on Administrative Violation Handling, stating the reasons.

Within ten (10) working days from the date of issuance of the written agreement, the managing agency of the National Database on Administrative Violation Handling shall provide an account for access to the specialized data management agency and implement technical measures to allow connection, data integration, and access to information in the National Database on Administrative Violation Handling according to the content specified in the written agreement.

3. The specialized data management agency granted permission to connect and share information in the National Database on Administrative Violation Handling shall be responsible for:

a) Adhering to current legal regulations regarding the exploitation and utilization of information in the national database and the National Database on Administrative Violation Handling;

b) Connecting correctly according to the method, address, and using the correct key code provided by the managing agency of the National Database on Administrative Violation Handling;

c) Exploiting data within the scope of shared information fields;

d) Using data for the intended purpose;

đ) Managing information and data extracted from the National Database on Administrative Violation Handling in accordance with legal regulations;

e) Cooperating with the managing agency of the National Database on Administrative Violation Handling in detecting and handling errors, mistakes, or missing information in the National Database on Administrative Violation Handling;

g) Securing the access account provided.

Article 17. Exploitation and utilization of the National Database on Administrative Violation Handling through online information search on the Electronic Information Portal

1. Individuals and organizations shall submit a written request for online access and information search about administrative violation handling on the Electronic Information Portal to the managing agency of the National Database on Administrative Violation Handling.

2. Within five (5) working days from the date of receipt of the written request, the managing agency of the National Database on Administrative Violation Handling must issue a written agreement if conditions are met, specifying the scope and duration of online access and information search about administrative violation handling on the Electronic Information Portal, or a refusal letter not allowing online access and information search, stating the reasons.

Within one (1) working day after issuing the written agreement, the managing agency of the National Database on Administrative Violation Handling shall provide an access account to individuals and organizations that have requested it to perform online access and information search in the National Database on Administrative Violation Handling according to the content specified in the written agreement.

3. Individuals and organizations granted an access account for online information search about administrative violation handling on the Electronic Information Portal shall be responsible for:

a) Adhering to current legal regulations regarding the exploitation and utilization of information in the national database and the National Database on Administrative Violation Handling;

b) Accessing correctly according to the address and using the correct key code provided by the managing agency of the National Database on Administrative Violation Handling;

c) Exploiting data within the permitted scope, without copying data from the National Database on Administrative Violation Handling in any form;

d) Using data for the intended purpose;

đ) Managing information and data extracted from the National Database on Administrative Violation Handling in accordance with legal regulations;

e) Promptly notifying the managing agency of the National Database on Administrative Violation Handling about errors, mistakes, or missing information in the National Database on Administrative Violation Handling.

g) Securing the access account provided.

Article 18. Exploitation and utilization of the National Database on Administrative Violation Handling through a written request

1. State power agencies performing supervisory functions over administrative violation handling work, organizations subject to fines, and individuals subject to administrative violation handling shall submit a written request to the managing agency of the National Database on Administrative Violation Handling for information provision.

The written request must clearly state the reasons, scope, purpose, content of the required information, and the form of information provision.

2. Within five (5) working days from the date of receipt of the written request, the managing agency of the National Database on Administrative Violation Handling must provide a written response with the requested information.

In cases where coordination with other agencies or units is necessary for verification, supplementation, or provision of information, this period may be extended, but not exceeding fifteen (15) working days.

3. Agencies, organizations, and individuals requesting information from the National Database on Administrative Violation Handling as stipulated in Clause 1 of this Article shall bear the following responsibilities:

a) Adhering to current legal regulations regarding the exploitation and utilization of national database information and the National Database on Administrative Violation Handling;

b) Managing the provided information from the National Database on Administrative Violation Handling in accordance with legal provisions. Such information shall not be provided to other organizations or individuals without prior written agreement or permission from the managing agency of the National Database on Administrative Violation Handling;

c) Utilizing information from the National Database on Administrative Violation Handling for its intended purpose. They shall be fully responsible for any misuse of the provided information;

d) Promptly informing the managing agency of the National Database on Administrative Violation Handling about any errors, mistakes, or missing information within the National Database on Administrative Violation Handling;

e) Organizations subject to fines and individuals subject to administrative violation handling must pay the costs associated with the information provision request according to legal regulations.

Article 19. Situations Where Information Will Not Be Provided for Requests to Exploit and Utilize the National Database on Administrative Violation Handling Through a Written Request

1. A written request for information on administrative violation handling that does not clearly state the reasons, scope, purpose, content of the required information, and the form of information provision.

2. Requests for information that fall under the State Secrets List classified as Top Secret, Confidential, and Secret.

3. A written request for information on administrative violation handling that lacks the signature of an authorized representative or head of the organization and the confirmation stamp for agencies or organizations, or the signature, full name, personal identification number, identity card number, passport number, and specific address of the individual requesting the information.

4. The purpose of using information on administrative violation handling is not in compliance with legal regulations.

5. The information has already been provided twice upon request from the organization subject to fines or the individual subject to administrative violation handling.

6. Organizations subject to fines and individuals subject to administrative violation handling fail to fulfill their obligation to pay the costs for information provision as stipulated by legal regulations.

Article 20. Costs to be paid for requesting information on administrative violation handling in writing

1. Organizations subject to fines, individuals subject to administrative violation handling who request information in writing related to themselves from the National Database on Administrative Violation Handling must pay actual costs for printing, copying, photographing, and sending the information.

2. The costs to be paid for requesting information on administrative violation handling include the following items:

a) Costs for printing, copying, and photographing documents;

b) Costs for sending documents via postal services (if applicable).

3. The level of costs to be paid for requesting information on administrative violation handling shall be implemented in accordance with the regulations of the Minister of Finance.

Chapter V

IMPLEMENTATION

Article 21. Effective Date

This Circular takes effect from February 15, 2017.

Article 22. Responsibility for enforcement

1. The Department of Administrative Violation Handling and Legal Supervision is responsible for inspecting and urging the implementation of this Circular.

2. Ministries, ministerial-level agencies performing management tasks regarding the enforcement of laws on administrative violation handling, People's Committees of provinces and centrally-administered cities within their jurisdiction have the responsibility to guide and direct the implementation of this Circular.

3. During the implementation process, if there are difficulties, obstacles, or new issues arising, it is recommended that relevant agencies, organizations, and individuals promptly report to the Ministry of Justice (through the Department of Administrative Violation Handling and Legal Supervision) for research, amendment, and supplementation as appropriate./.