Circular No. 15/2023/TT-BTNMT on the provision and sharing of information and data on natural resources and environmental monitoring

CIRCULAR

Regulations on Providing and Sharing Environmental Monitoring Information and Data

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

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

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

The Government issues this Decree on management and development of industrial clusters.

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

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

Pursuant to the Law on Surveying and Mapping dated June 14, 2018;

Pursuant to the Environmental Protection Law dated November 17, 2020;

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

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

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

Pursuant to Decree No. 73/2017/NĐ-CP dated June 14, 2017 of the Government on the collection, management, exploration, and utilization of information and data on natural resources and the environment;

WHEREAS, Decree No. 03/2019/ND-CP dated January 4, 2019 of the Government on remote sensing activities;

Pursuant to Decree No. 47/2020/NĐ-CP dated April 9, 2020, issued by the Government, on the management, connection, and sharing of digital data of state agencies;

Pursuant to Decree No. 68/2022/NĐ-CP dated September 22, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

At the proposal of the Director of the Department of Digital Transformation and Environmental Resource Data and the Head of the Legal Department;

The Minister of Natural Resources and Environment issues this Circular regulating the provision and sharing of environmental monitoring information and data.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular regulates the provision and sharing of environmental monitoring information and data.

2. This Circular does not apply to environmental monitoring information and data classified as state secrets.

Article 2. Applicability

This Circular applies to agencies, organizations, and individuals related to the provision and sharing of environmental monitoring information and data.

Article 3. Explanation of Terms

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

1. Raw monitoring data on natural resources and the environment is data collected from monitoring activities on natural resources and the environment that have not undergone standardization processes.

2. Aggregated and thematic monitoring data on natural resources and the environment is data that has been compiled, analyzed, processed, and organized according to specific topics.

3. Open monitoring data on natural resources and the environment is data published widely by authorized state agencies for free use, reuse, and sharing by agencies, organizations, and individuals.

4. A data portal is the main point of access to information and data on the Internet managed by ministries, sectors, and localities for the purpose of publishing open data, providing information on data sharing; providing documents, services, tools, and applications for processing and exploiting data.

5. The Common Electronic Catalogue System for State Agencies serving the development of Vietnam's e-Government is a system collecting, storing, managing, and sharing data on common catalogues, classification tables, and electronic identifiers used by state agencies on the network, serving the integration, exchange, and sharing of data among ministries, sectors, and localities, ensuring consistency in catalogues nationwide (the system's access address is http://dmdc.ngsp.gov.vn).

Article 4. Principles for Providing and Sharing Environmental Monitoring Information and Data

1. The provision and sharing of environmental monitoring information and data shall comply with the provisions set forth in Article 5 of Decree No. 73/2017/ND-CP dated June 14, 2017 of the Government on the collection, management, exploitation, and use of natural resource and environmental information and data (hereinafter referred to as Decree No. 73/2017/ND-CP).

2. Management, connection, and sharing of data shall comply with the provisions set forth in Article 21 of Decree No. 73/2017/ND-CP, Articles 5, 23, and 45 of Decree No. 47/2020/ND-CP dated April 9, 2020 of the Government on the management, connection, and sharing of digital data of state agencies (hereinafter referred to as Decree No. 47/2020/ND-CP).

3. The provision of open monitoring data on natural resources and the environment shall comply with the provisions set forth in Article 17 of Decree No. 47/2020/ND-CP.

4. Common catalogue data for environmental monitoring must be connected, exploited, and shared with the Common Electronic Catalogue System for State Agencies serving the development of Vietnam's e-Government.

5. Compliance with laws on cybersecurity, regulations on ensuring the security level of information systems; regulations on intellectual property rights related to data; privacy rights of organizations and individuals.

6. Consistency with the Framework Architecture of Vietnam's e-Government, the e-Government architecture at the ministry level, and the e-Government architecture at the provincial level.

Chapter II

PROVIDING AND SHARING ENVIRONMENTAL MONITORING INFORMATION AND DATA

Section 1. ENVIRONMENTAL MONITORING DATABASE

Article 5. The system of environmental resource monitoring databases

1. Environmental resource monitoring databases are collections of information and monitoring data on resources and the environment that are established, updated, and maintained for management, exploitation, and utilization through electronic means, including:

a) National environmental resource monitoring database;

b) Sectoral environmental resource monitoring database;

c) Ministry and sector environmental resource monitoring database;

d) Provincial environmental resource monitoring database;

đ) Domestic and international organization and individual environmental resource monitoring database;

e) Open environmental resource monitoring database.

2. The national environmental resource monitoring database is a monitoring database compiled, linked, and integrated from environmental resource monitoring databases across the entire country, serving the purpose of connecting, providing, and sharing monitoring information and data according to regulations, including:

a) Main monitoring data on resources and the environment;

b) Commonly used monitoring data categories on resources and the environment;

c) Comprehensive and specialized monitoring data on resources and the environment;

d) Metadata on environmental resource monitoring;

đ) List of open monitoring data on resources and the environment.

3. Sectoral environmental resource monitoring database is a collection of information and monitoring data specific to specialized fields of environmental resources, including:

a) Land monitoring database;

b) Water resources monitoring database;

c) Mineral and geological resources monitoring database;

d) Environment monitoring database;

đ) Meteorology and hydrology monitoring database;

e) Surveying and mapping monitoring database;

g) Integrated natural resources management, marine and island protection monitoring database;

h) Remote sensing monitoring database;

i) Other environmental resource monitoring databases as prescribed by law not covered under points a to h of this clause.

4. Provincial environmental resource monitoring database is a collection of information and monitoring data on resources and the environment within the scope of management of the provincial People's Committee, including:

a) Sectoral environmental resource monitoring databases as stipulated in Clause 3 of this Article within the scope of provincial management;

b) Open environmental resource monitoring database;

c) Other environmental resource monitoring databases not covered under points a and b of this clause.

5. Ministry and sector environmental resource monitoring database is a collection of information and monitoring data on resources and the environment within the scope of management of ministries and sectors, established and managed by these ministries and sectors.

6. Domestic and international organization and individual environmental resource monitoring database is a collection of information and monitoring data on resources and the environment established and managed by domestic and international organizations and individuals.

Article 6. Subjective Monitoring Data on Natural Resources and Environment

1. Subjective monitoring data on natural resources and environment are data containing the most basic information to identify and describe core and independent business objects related to monitoring of natural resources and environment, including:

a) Monitoring works;

b) Monitoring stations;

c) Monitoring points;

d) Measured parameters;

đ) Measured values;

e) Samples;

g) Sample analysis results.

2. Data standards for subjective monitoring data on natural resources and environment are prescribed in Appendix I attached hereto.

Article 7. Common Catalogue Data for Monitoring Natural Resources and Environment

1. Common catalogue data for monitoring natural resources and environment are data about catalogues and classification code tables issued by the Ministry of Natural Resources and Environment, used in information systems and databases to ensure integration, exchange, and sharing of synchronized and unified data, including:

a) Types of monitoring stations;

b) Quality measurement criteria;

c) Units of measurement;

d) Types of monitoring;

đ) Monitoring methods;

e) Monitoring equipment;

g) Equipment status;

h) Seasons;

i) Regions;

k) Types of works.

2. Data standards for common catalogue data for monitoring natural resources and environment are prescribed in Appendix II attached hereto.

Article 8. Metadata for Monitoring Natural Resources and Environment

1. For spatial data, apply the provisions of Appendix I of the National Technical Regulation QCVN 42:2020/BTNMT on geographic base information standards.

2. For attribute data, apply the National Standard TCVN 7980:2015 on Information and Documentation - Dublin Core Metadata Element Set.

3. For image data, apply the National Standard TCVN ISO 19115-2:2019 on Geographic Information - Metadata - Part 2: Extensions for imagery and gridded data - Geographic Information - Encoding.

4. For remote sensing data, apply the provisions of Clause 5, Article 5 of Circular No. 35/2016/TT-BTNMT dated November 28, 2016 of the Minister of Natural Resources and Environment on procedures for publishing national remote sensing metadata.

5. For video data, apply the International Standard ISO/IEC 15938 (MPEG-7).

Article 9. Open Database for Monitoring Natural Resources and Environment

1. An open database for monitoring natural resources and environment is a collection of open monitoring information and data on natural resources and environment built, updated, and maintained for management, exploitation, and use through electronic means.

2. An open database for monitoring natural resources and environment is a component of the open database on natural resources and environment.

3. Monitoring data on natural resources and environment provided by organizations and individuals are updated into the open database for monitoring natural resources and environment and are checked before publication.

4. Monitoring data on natural resources and environment are included in the list of open natural resources and environment data for timely sharing and provision to agencies, organizations, and individuals serving economic and social development, except where otherwise provided by law.

Article 10. Responsibilities for Managing and Operating Monitoring Natural Resources and Environment Databases for Provision and Sharing

1. Management and operation of the national monitoring natural resources and environment database:

a) Maintain and update the architecture of the monitoring natural resources and environment database system; manage the shared digital infrastructure and platform, ensuring the security of monitoring natural resources and environment database information within the jurisdiction of the Ministry of Natural Resources and Environment;

b) Establish, initiate, manage, and operate shared platforms serving the acquisition, management, storage, analysis, processing, synthesis, and connection for sharing monitoring natural resources and environment data; allocate management, exploitation, and usage rights to relevant units;

c) Build, manage, and operate the national monitoring natural resources and environment database and the open monitoring natural resources and environment database;

d) Compile and publish the list of shared data and open monitoring natural resources and environment data from various fields on the Ministry of Natural Resources and Environment's Data Portal;

đ) The Ministry of Natural Resources and Environment assigns the Department of Digital Transformation and Resource Environment Information to organize the implementation of the contents stipulated in this clause.

2. Management and operation of sectoral monitoring natural resources and environment databases:

a) Develop, submit for issuance technical regulations, standardization, updating, maintenance, and operation of sectoral monitoring natural resources and environment databases within their jurisdiction;

b) Provide, update primary data, shared catalogue data, open data, metadata, and other data as prescribed to the national monitoring natural resources and environment database and the open monitoring natural resources and environment database;

c) Share and jointly use original data, analysis results, processed, and synthesized monitoring natural resources and environment data;

d) Check the quality of monitoring natural resources and environment data provided by organizations and individuals before putting them into use and publication;

đ) Departments under the Ministry are responsible for managing sectoral monitoring natural resources and environment databases and implementing the contents stipulated in this clause.

3. Management and operation of provincial-level monitoring natural resources and environment databases:

a) Build, maintain, and operate provincial-level monitoring natural resources and environment databases;

b) Provide and share monitoring natural resources and environment data with the national monitoring natural resources and environment database and sectoral monitoring natural resources and environment databases as prescribed;

c) Publish the list of open monitoring natural resources and environment data within their jurisdiction;

d) Build, maintain, and operate local open monitoring natural resources and environment databases; check the quality of monitoring natural resources and environment data provided by organizations and individuals within their jurisdiction before putting them into use and publication;

đ) Provincial People's Committees organize the implementation of the contents stipulated in this clause.

4. Ministries and sectors with monitoring information and data on natural resources and the environment shall establish, maintain, and operate monitoring databases within their jurisdiction and connect and share them with the national monitoring database on natural resources and the environment and the monitoring database on natural resources and the environment in their respective fields.

5. Encourage organizations and individuals to provide and share monitoring data on natural resources and the environment with the national monitoring database on natural resources and the environment through the data integration and sharing platform of the Ministry of Natural Resources and Environment.

Section 2. PROVISION AND SHARING OF MONITORING INFORMATION AND DATA ON NATURAL RESOURCES AND THE ENVIRONMENT

Article 11. Model for Connecting Monitoring Data on Natural Resources and the Environment

1. Connection between the national monitoring databases on natural resources and the environment, sectoral monitoring databases on natural resources and the environment, and provincial monitoring databases on natural resources and the environment through the data integration and sharing platform of the Ministry of Natural Resources and Environment.

2. Connection between ministry and sector monitoring databases on natural resources and the environment and the national monitoring database on natural resources and the environment through the national data integration and sharing platform or the data integration and sharing platform of the Ministry of Natural Resources and Environment.

3. Connection between organizational and individual monitoring databases on natural resources and the environment with the national open monitoring database on natural resources and the environment and the provincial open monitoring database on natural resources and the environment through the data integration and sharing platform of the Ministry of Natural Resources and Environment and the provincial data integration and sharing platform.

Article 12. Connection and Sharing of Monitoring Data on Natural Resources and the Environment Among State Agencies

1. Connection and sharing of monitoring data on natural resources and the environment in the default form include the data specified in Articles 6, 7, and 8 of this Circular.

2. Connection and sharing of monitoring data on natural resources and the environment according to special requirements in accordance with Decree No. 47/2020/NĐ-CP.

3. Methods for connecting and sharing monitoring data on natural resources and the environment:

a) Using data services as a method to connect information systems with the monitoring database on natural resources and the environment (RESTful API standard);

b) The structure of message packages using JSON format (JavaScript Object Notation).

4. The Ministry of Natural Resources and Environment:

a) Directs the Department of Digital Transformation and Information Data on Natural Resources and Environment to establish default data sharing services and connect them to the data integration and sharing platform of the Ministry of Natural Resources and Environment and the national data integration and sharing platform; provides technical guidance and support for connecting and sharing monitoring data on natural resources and the environment;

b) Units under the Ministry of Natural Resources and Environment responsible for managing monitoring databases on natural resources and the environment organize the connection and provision of default shared data from sectoral monitoring databases on natural resources and the environment through the data integration and sharing platform of the Ministry of Natural Resources and Environment.

5. Ministries and sectors with monitoring information and data on natural resources and the environment shall implement connections and data sharing through the national data integration and sharing platform.

6. Provincial People's Committees shall implement connections and provision of default shared data from provincial monitoring databases on natural resources and the environment through the data integration and sharing platform of the Ministry of Natural Resources and Environment.

Article 13. Exploitation and use of information and data on natural resources and environmental monitoring

1. Organizations and individuals have the right to exploit and use information and data on natural resources and environmental monitoring in accordance with regulations.

2. In cases where information and data from the monitoring natural resources and environmental database are exploited through the electronic environment via the Data Portal in the form of data services, the following shall be implemented:

a) Organizations and individuals requesting to use the service shall follow the guidance on the Data Portal and be authenticated through the Electronic Identity and Authentication System;

b) Exploit and use information and data in accordance with the content of the data service usage commitment and the guidance of the data provider unit;

c) During the exploitation and use of information and data, if there are difficulties or obstacles, organizations and individuals shall report and reflect to the management agency of the monitoring natural resources and environmental database in accordance with Article 10 of this Circular.

Article 14. Provision of open monitoring data on natural resources and environment

1. Open monitoring data on natural resources and environment shall be provided on the Data Portal of ministries, sectors, and localities through data sharing services or packaged for organizations and individuals to download and use.

2. The list of open monitoring data on natural resources and environment must be reviewed and revised (if necessary) based on actual conditions and periodically; open data published according to the list must be updated or supplemented (if necessary) within a period not exceeding three months from the date of publication.

3. Feedback opinions of organizations and individuals on the Data Portal shall be received to determine the priority level and implement the publication of open data in accordance with demand.

4. Exploitation and use of open monitoring data on natural resources and environment shall comply with the provisions of Article 18 of Decree No. 47/2020/NĐ-CP.

Article 15. Ensuring information security in providing and sharing information and data on natural resources and environmental monitoring

1. The component systems specified in Clause 1 of Article 5 of this Circular must ensure system information security at the level prescribed in Government Decree No. 85/2016/NĐ-CP dated July 1, 2016 on ensuring system information security at levels; Circular No. 12/2022/TT-BTTTT dated August 12, 2022 of the Minister of Information and Communications detailing and guiding some provisions of Government Decree No. 85/2016/NĐ-CP (hereinafter referred to as Circular No. 12/2022/TT-BTTTT).

2. The component systems specified in Clause 1 of Article 5 of this Circular must have information security assurance plans meeting the requirements of system information security at corresponding levels as prescribed in Circular No. 12/2022/TT-BTTTT; must have information security monitoring plans complying with the provisions of Circular No. 31/2017/TT-BTTTT dated November 15, 2017 of the Minister of Information and Communications on information system security monitoring activities.

3. The component systems specified in Clause 1 of Article 5 of this Circular must conduct information security testing and evaluation before putting them into use. The content, frequency, and form of information security testing and evaluation must comply with the legal regulations on ensuring system information security at levels, as stipulated in the approved information security assurance plan in Circular No. 12/2022/TT-BTTTT.

Chapter III

IMPLEMENTATION

Article 16. Effective Date

This Circular takes effect from December 15, 2023.

Article 17. Responsibility for Implementation

1. The Minister, Heads of ministerial-level agencies, Heads of government-affiliated agencies having monitoring data on natural resources and environment; Chairpersons of all levels of People's Committees; Heads of units under the Ministry of Natural Resources and Environment; Directors of Provincial Departments of Natural Resources and Environment and related organizations and individuals are responsible for implementing this Circular.

2. The Digital Transformation and Environmental Resource Information Department is responsible for assisting the Minister of Natural Resources and Environment in guiding and inspecting the implementation of this Circular.

3. When normative legal documents cited and applied in this Circular are amended, supplemented, or replaced, they shall be implemented in accordance with new regulations.

4. During the implementation of this Circular, if difficulties or obstacles are discovered, relevant agencies, organizations, and individuals are requested to reflect to the Ministry of Natural Resources and Environment for timely consideration, resolution, and improvement./.