This Circular details the procedures for importing, publishing, and managing administrative procedure data on the National Database. It includes the responsibilities of relevant agencies such as the Ministry of Justice, other Ministries, Provincial People's Committees, and organizations like the Vietnam Social Security, the Vietnam Bank for Social Policies, and the Vietnam Development Bank in managing the National Database. The Circular also stipulates information security measures, data sharing, and staff training to effectively utilize the National Database.
적용 범위
This Circular applies to Ministries, ministerial-level agencies, Provincial People's Committees, the Vietnam Social Security, the Vietnam Bank for Social Policies, and the Vietnam Development Bank in managing the National Administrative Procedure Database.
핵심 사항
- Detailed regulations on the importation and publication of administrative procedure data
- Responsibilities of the Ministry of Justice and related agencies in managing the National Database
- Ensuring information security for the National Database
- Data sharing between the National Database and the electronic portals of Ministries, sectors, and localities
- Training staff to effectively use the National Database
🌐 이 문서의 사회적 영향
- Strengthening state management over administrative procedures
- Ensuring consistency and synchronization between administrative procedures published on the National Database and their implementation locations
- Reducing difficulties for citizens and businesses in implementing administrative procedures
❓ 자주 묻는 질문
When does this Circular take effect?
This Circular takes effect from November 1, 2014.
Who is responsible for managing the National Database on administrative procedures?
The Ministry of Justice is responsible for overall management, with the Department of Administrative Procedure Control and the Department of Information Technology taking the lead in specific areas.
What must Ministries and sectors do to ensure that data is published on the National Database?
Ministries and sectors must carry out the importation of administrative procedure data according to regulations, verify the accuracy of the data, and be responsible for the consistency between published data and the location where administrative procedures are implemented.
전문
CIRCULAR
Provisions on entering, uploading, and exploiting administrative procedure data on the National Administrative Procedure Database and managing the National Administrative Procedure Database
on the National Administrative Procedure Database and managing the National Administrative Procedure Database
National Administrative Procedure Database
________________
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;
Pursuant to Decree No. 64/2007/NĐ-CP dated April 10, 2007 of the Government on the application of information technology in state agency activities;
Pursuant to Decree No. 43/2011/NĐ-CP dated June 13, 2011 of the Government on providing information and public services online on the electronic information portal or government portal of state agencies;
Pursuant to Decree No. 63/2010/NĐ-CP dated June 8, 2010 of the Government on administrative procedure control and Decree No. 48/2013/NĐ-CP dated May 14, 2013 of the Government amending and supplementing certain articles of related decrees concerning administrative procedure control;
The Minister of Justice issues this Circular stipulating provisions on entering, uploading, and exploiting administrative procedure data on the National Administrative Procedure Database and managing the National Administrative Procedure Database.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Circular stipulates provisions on entering, uploading, and exploiting administrative procedure data on the National Administrative Procedure Database (hereinafter referred to as the National Database) and managing the National Database; the powers and responsibilities of relevant agencies, organizations, and individuals in entering, uploading, and exploiting administrative procedure data on the National Database and managing the National Database.
Article 2. Applicability
1. Ministries, ministerial-level agencies, People's Committees of provinces and centrally governed cities (hereinafter referred to as Provincial People's Committees), and agencies: Vietnam Social Security, Vietnam Policy Bank, Vietnam Development Bank.
2. Other relevant agencies, organizations, and individuals in entering, uploading, and exploiting administrative procedure data on the National Database and managing the National Database.
Article 3. Administrative procedure data on the National Database
Administrative procedure data on the National Database includes: administrative procedures, procedures for handling matters (hereinafter collectively referred to as administrative procedures) and normative legal documents regulating administrative procedures as specified in points a, b, and c Clause 4 Article 26 of Decree No. 63/2010/NĐ-CP dated June 8, 2010 of the Government on administrative procedure control (hereinafter referred to as Decree No. 63/2010/NĐ-CP) shall be entered and publicly uploaded on the National Database, having legal effect and being enforceable.
Article 4. Principles for entering, uploading, and exploiting administrative procedure data on the National Database and managing the National Database
1. Entering administrative procedure data as prescribed in Article 3 of this Circular into the National Database must be carried out after being announced by the competent agency or person in accordance with the law.
2. Administrative procedure data entered and uploaded on the National Database must ensure completeness, accuracy, timeliness, and must be strictly controlled to safeguard the rights and legitimate interests of individuals and organizations, and the interests of the State.
3. Exploiting administrative procedure data on the National Database by agencies, organizations, and individuals and managing the National Database must comply with legal regulations on exploitation, use, and management of Internet services and information on networks.
Chapter II
ENTERING AND UPLOADING ADMINISTRATIVE PROCEDURE DATA
ON THE NATIONAL DATABASE
Article 5. Responsibility for Inputting and Publishing Administrative Procedure Data
1. Ministries, agencies at the ministerial level, provincial People's Committees, and the following agencies: Vietnam Social Security, Vietnam Social Policy Bank, and Vietnam Development Bank shall input administrative procedure data into the National Database as follows:
a) Ministries and agencies at the ministerial level shall organize the input of administrative procedure data within their scope of state management functions, which have been published according to the provisions of the law, into the National Database, and then use the software of the National Database to send the inputted administrative procedure data to central cities and provinces.
Legal Departments of Ministries and agencies at the ministerial level assist Ministers and Heads of agencies at the ministerial level in inputting administrative procedure data and propose the Department of Administrative Procedure Control under the Ministry of Justice to publish administrative procedure data on the National Database;
b) Provincial People's Committees shall organize the supplementary input of components of administrative procedures within their jurisdiction that have been published according to the provisions of the law from the administrative procedure data sent by Ministries and agencies at the ministerial level through the software of the National Database.
Departments of Justice assist Provincial People's Committees in supplementing administrative procedure data and propose the Department of Administrative Procedure Control under the Ministry of Justice to publish administrative procedure data on the National Database;
c) Vietnam Social Security, Vietnam Social Policy Bank, and Vietnam Development Bank shall organize the input of administrative procedure data within their jurisdiction as stipulated in Clause 3, Article 13 of Decree No. 63/2010/NĐ-CP into the National Database.
Legal Departments of the agencies: Vietnam Social Security, Vietnam Social Policy Bank, and Vietnam Development Bank assist General Directors in inputting administrative procedure data and propose the Department of Administrative Procedure Control under the Ministry of Justice to publish on the National Database.
2. The Department of Administrative Procedure Control under the Ministry of Justice is responsible for:
a) Publishing administrative procedure data inputted into the National Database upon request of Legal Departments of Ministries and agencies at the ministerial level, Departments of Justice of central cities and provinces, and the agencies: Vietnam Social Security, Vietnam Social Policy Bank, and Vietnam Development Bank;
b) Urging Ministries, agencies at the ministerial level, provincial People's Committees, and the agencies: Vietnam Social Security, Vietnam Social Policy Bank, and Vietnam Development Bank to implement the input of administrative procedure data and propose the publication of administrative procedure data on the National Database.
The Model Document for Requesting Publication of Administrative Procedure Data issued together with this Circular shall be sent to the Department of Administrative Procedure Control under the Ministry of Justice via email [email protected] or by electronic means announced by the Department of Administrative Procedure Control under the Ministry of Justice.
Article 6. Process for Inputting Administrative Procedure Data
1. Process for Inputting Administrative Procedure Data at Ministries and Agencies at the Ministerial Level
Legal Departments of Ministries and agencies at the ministerial level assist Ministers and Heads of agencies at the ministerial level in implementing the input of administrative procedure data according to the following process:
a) Logging into the National Database using the account provided by the Department of Administrative Procedure Control under the Ministry of Justice; inputting administrative procedures that have been published according to the provisions of the law into the National Database and connecting them with legal normative documents containing administrative procedures on the National Database on laws;
b) Designating components of administrative procedures that are not allowed to be modified thereafter and identifying administrative procedures within the jurisdiction of provincial People's Committees to send administrative procedure data through the software of the National Database;
c) Proposing the Department of Administrative Procedure Control under the Ministry of Justice to publish the administrative procedure data that has been inputted into the National Database.
2. Process for Inputting Administrative Procedure Data at Provincial People's Committees
Departments of Justice assist Provincial People's Committees in implementing the input of administrative procedure data according to the following process:
a) Logging into the National Database using the account provided by the Department of Administrative Procedure Control under the Ministry of Justice; supplementally inputting components of administrative procedures within the jurisdiction of provincial People's Committees that have been published according to the provisions of the law from the administrative procedure data sent by Ministries and agencies at the ministerial level through the software of the National Database and connecting them with legal normative documents containing administrative procedures on the National Database on laws; inputting administrative procedure data within the promulgation authority of provincial People's Committees into the National Database (if applicable) and connecting them with legal normative documents containing administrative procedures on the National Database on laws;
b) Proposing the Department of Administrative Procedure Control under the Ministry of Justice to publish the administrative procedure data that has been inputted into the National Database.
3. Process for Inputting Administrative Procedure Data at the Agencies: Vietnam Social Security, Vietnam Social Policy Bank, and Vietnam Development Bank
Legal Departments of the agencies: Vietnam Social Security, Vietnam Social Policy Bank, and Vietnam Development Bank assist General Directors in inputting administrative procedure data according to the following process:
a) Logging into the National Database using the account provided by the Department of Administrative Procedure Control under the Ministry of Justice; inputting into the National Database administrative procedures within their jurisdiction as stipulated in Clause 3, Article 13 of Decree No. 63/2010/NĐ-CP and connecting them with legal normative documents containing administrative procedures on the National Database on laws;
b) Proposing the Department of Administrative Procedure Control under the Ministry of Justice to publish the administrative procedure data that has been inputted into the National Database.
Article 7. Procedure for Publishing Administrative Procedure Data
The Department of Administrative Procedure Control under the Ministry of Justice shall publish administrative procedure data according to the following procedure:
1. Verify, review, and compare to ensure the completeness and accuracy of administrative procedure data entered into the National Database with the administrative procedures announced in the Decisions on Announcing Administrative Procedures of Ministries, agencies at the ministerial level, provincial People's Committees, and the Decisions on Announcing Procedures for Handling Matters of the agencies: Vietnam Social Security, Vietnam Policy Bank, Vietnam Development Bank.
2. Verify, review, and compare to ensure that the administrative procedures announced by the Chairman of the Provincial People's Committee comply with the administrative procedures and procedures for handling matters announced by the Ministers, heads of agencies at the ministerial level, and the heads of the agencies: Vietnam Social Security, Vietnam Policy Bank, Vietnam Development Bank.
3. Verify and review to ensure that administrative procedures and related normative legal documents stipulating administrative procedures must be connected and integrated into the National Database.
4. Publish administrative procedure data after conducting verification, review, and comparison as prescribed in Clauses 1, 2, and 3 of this Article.
5. In cases where administrative procedure data entered into the National Database does not ensure completeness, accuracy, and compliance as prescribed in Clauses 1, 2, and 3 of this Article, the Department of Administrative Procedure Control under the Ministry of Justice shall request the Legal Departments of Ministries, agencies at the ministerial level, and the agencies: Vietnam Social Security, Vietnam Policy Bank, Vietnam Development Bank; Provincial Departments of Justice to adjust, supplement, and complete administrative procedure data and send it back to the Department of Administrative Procedure Control under the Ministry of Justice within a maximum period of ten working days from the date of receipt of the request from the Department of Administrative Procedure Control under the Ministry of Justice.
Article 8. Time Limit for Entering and Publishing Administrative Procedure Data in the National Database
1. The time limit for entering and sending administrative procedure data for publication in the National Database shall be implemented in accordance with Article 24 of Decree No. 63/2010/ND-CP.
2. The time limit for publishing administrative procedure data entered into the National Database shall be implemented in accordance with Clause 2 of Article 26 of Decree No. 63/2010/ND-CP.
Chapter III
EXPLOITATION OF ADMINISTRATIVE PROCEDURE DATA
ON THE NATIONAL DATABASE
Article 9. Rights and Responsibilities of Agencies and Organizations Handling Administrative Procedures in Exploiting and Using Administrative Procedure Data in the National Database
1. Exploit and use administrative procedure data published on the National Database to serve public announcement and handling of administrative procedures within the scope of assigned functions and authorities.
2. Accept and process files for individuals and organizations when they have fully met all requirements regarding file formats, application forms, administrative declaration forms according to the administrative procedures stipulated in the National Database; no additional content about administrative procedures other than those already published on the National Database may be specified.
3. When discovering administrative procedures that have taken effect but have not been announced or publicly disclosed, or have been announced or publicly disclosed but are not accurate or complete as prescribed, or have expired, been revoked, or abolished but are still being publicly disclosed or do not meet the necessary, reasonable, and lawful criteria, agencies and organizations handling administrative procedures shall have the responsibility to report and provide feedback to the Legal Departments of Ministries, agencies at the ministerial level, and the agencies: Vietnam Social Security, Vietnam Policy Bank, Vietnam Development Bank; Provincial Departments of Justice or the Department of Administrative Procedure Control under the Ministry of Justice for prompt resolution.
Article 10. Rights of individuals and organizations to exploit and use administrative procedure data on the National Database
1. Exploiting and using administrative procedure data published on the National Database for the purpose of implementing administrative procedures in accordance with the law.
2. Implementing administrative procedures, files, documents, requirements, and conditions prescribed by law or publicly announced on the National Database.
3. Reflecting and making recommendations to Legal Organizations of Ministries, agencies at the level of ministries, and agencies: Vietnam Social Security, State Policy Bank, Vietnam Development Bank; Provincial Departments of Justice under central cities or the Department of Administrative Procedure Control under the Ministry of Justice regarding the following contents:
a) Administrative procedures that have taken effect but have not been published on the National Database or have been published but are incomplete or inaccurate according to regulations;
b) Administrative procedures that have ceased to be effective, revoked, or abolished but are still publicly announced on the National Database;
c) Inconsistencies between administrative procedures publicly announced on the National Database and those posted at places where administrative procedures are handled;
d) Inconsistencies between administrative procedures being processed and those posted at places where administrative procedures are handled and published on the National Database.
Chapter IV
MANAGEMENT OF THE NATIONAL DATABASE AND
RESPONSIBILITIES OF MINISTRIES, SECTORS, AND LOCALITIES
Article 11. Contents of Management of the National Database
1. Formulating policies and laws on the entry, publication, exploitation of administrative procedure data on the National Database and management of the National Database.
2. Reviewing the content of administrative procedure data entered and published on the National Database; establishing business processes and guidelines for entering and publishing administrative procedure data on the National Database; guiding ministries, sectors, and localities to issue business processes for handling administrative procedures within their scope of state management.
3. Ensuring funding and material resources for the entry, publication, upgrading of the National Database; mobilizing and utilizing legitimate sources of funding and resources to enhance the ability to manage, operate, maintain, and upgrade the National Database.
4. Managing login accounts for the National Database for agencies responsible for entering administrative procedure data as stipulated in Clause 5 of this Circular; periodically reviewing and proposing solutions to upgrade and modify the hardware and software infrastructure of the National Database in line with actual needs.
5. Organizing the connection, integration, and sharing of administrative procedure data on the National Database with the electronic portals of ministries, agencies at the level of ministries, and provincial People's Committees.
6. Ensuring information security and cyber security for the information technology infrastructure of the National Database in accordance with the law on information security and cyber security.
7. Ensuring continuous operation of the National Database for 24 (twenty-four) hours every day.
In case the National Database is repaired, troubleshooting, or upgraded, it must notify the temporary suspension of the National Database's operations in accordance with Article 16 of Decree No. 64/2007/NĐ-CP.
8. Building teams, training, and enhancing the skills of civil servants implementing management, maintenance, and operation of the National Database; organizing training sessions to improve skills and techniques in entering, exploiting, and using administrative procedure data on the National Database.
9. Awarding agencies, organizations, and individuals who perform well in entering, publishing, managing, and operating the National Database.
10. Summarizing and reporting to competent authorities on the situation of management, operation, and exploitation of the National Database annually or ad hoc as required.
Article 12. Responsibilities of the Ministry of Justice
1. Implement the contents of national database management as stipulated in Article 11 of this Circular.
2. The Administrative Procedure Control Department shall be responsible for leading and coordinating with relevant units to assist the Minister of Justice in implementing the provisions of Clauses 1, 2, 3, 4, and 8 of Article 11 of this Circular.
3. The Information Technology Department shall lead and coordinate with the Administrative Procedure Control Department and relevant units to implement the provisions of Clauses 5, 6, and 7 of Article 11 of this Circular.
4. Relevant units under the Ministry shall perform other tasks according to their assigned functions and responsibilities.
Article 13. Responsibilities of Ministries, agencies at the ministerial level, provincial People's Committees, and institutions: Vietnam Social Security, Vietnam Policy Bank, Vietnam Development Bank
1. Implement the contents of national database management as stipulated in Clause 9 of Article 11 of this Circular.
2. Organize the implementation of administrative procedure data entry as prescribed in Chapter II of this Circular.
3. Coordinate with the Ministry of Justice in connecting, integrating, and sharing administrative procedure data between the national database and the electronic portal of ministries, agencies at the ministerial level, and provincial People's Committees.
4. Ensure funding and material resources for the entry of administrative procedure data into the national database.
5. Review administrative procedure data within the scope of state management and resolution that can be entered into the national database; bear responsibility for the accuracy of administrative procedure data entered into the national database.
6. Ensure consistency and synchronization between administrative procedures published on the national database and those posted at administrative procedure handling locations.
7. Inspect, review, correct, and amend administrative procedure data that has been entered or published upon request from the Ministry of Justice.
8. Manage the login accounts for the national database issued by the Ministry of Justice; civil servants and employees who are given login accounts must change their passwords themselves and ensure account security during use; they may not provide or disclose their accounts.
9. Issue uniform business processes for resolving administrative procedures within the scope of state management of ministries, sectors, and localities.
10. Legal Departments and Provincial Justice Departments shall be responsible for leading and coordinating with relevant units to assist the Minister, Heads of agencies at the ministerial level, General Directors of institutions: Vietnam Social Security, Vietnam Policy Bank, Vietnam Development Bank, and provincial People's Committees in implementing the contents stipulated in this Article.
Article 14. Implementation clause
1. This Circular takes effect from November 1, 2014.
2. The Administrative Procedure Control Department of the Ministry of Justice shall be responsible for assisting the Minister of Justice in monitoring, urging, and inspecting the implementation of this Circular.
3. During the implementation process, if there are difficulties or obstacles, relevant agencies, organizations, and individuals are requested to promptly report them to the Ministry of Justice for study and resolution./.
관계도
문서를 클릭하면 열립니다. 빨간 테두리＝효력을 변경하는 관계.
번역본
이 문서는 다음 언어로 제공됩니다: