This Decree stipulates the list of national databases, the establishment, updating, maintenance, exploitation, and use of national databases. It also sets out requirements for the overall national digital architecture and the responsibilities of relevant ministries and sectors in managing, connecting, and sharing digital data.
Đối tượng áp dụng
Ministries, ministerial-level agencies, government-affiliated agencies, provincial People's Committees under the central city, and organizations and individuals related to the management and exploitation of national data.
Các điểm cốt lõi
- Establishing the list of national databases
- Compliance with the Overall National Digital Architecture Framework
- Responsibilities of ministries and sectors in managing and sharing data
- Provisions on rights and responsibilities of organizations and individuals when exploiting national data.
- Effective from August 19, 2025
🌐 Tác động xã hội từ văn bản này
- Enhancing management and data sharing among state agencies
- Ensuring the completeness and accuracy of national data
- Improving the efficiency of data exploitation for organizations and individuals
❓ Câu hỏi thường gặp
When does this Decree take effect?
This Decree takes effect from August 19, 2025.
Which current regulations are abolished by this Decree?
Decree No. 47/2024/NĐ-CP and specific clauses in Decree No. 47/2020/NĐ-CP concerning the management, connection, and sharing of digital data of state agencies.
What rights do organizations and individuals have when exploiting national data?
Organizations and individuals have the right to exploit and use data from the database according to the regulations and rules for the exploitation and use of the database. At the same time, they also have the right to complain and report if their rights to exploit and use data are violated.
Toàn văn
|
THE GOVERNMENT |
SOCIALIST REPUBLIC OF VIET NAM |
|
Number: 194/2025/NĐ-CP |
Hanoi, July 3, 2025 |
DECREE
Detailed regulations on certain provisions of the Electronic Transactions Law concerning the national database, connection and sharing of data, open data for electronic transactions of state agencies
_______________________
On the basis of Law on Government Organization dated February 18, 2025;
On the basis of The Electronic Transactions Law dated June 22, 2023;
On the basis of The Data Law dated November 30, 2024;
Pursuant to the proposal of the Minister of Science and Technology;
The Government issues this Decree to provide detailed regulations on certain provisions of The Electronic Transactions Law concerning the national database, connection and sharing of data, open data for electronic transactions of state agencies.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation and Applicability
1. This Decree provides detailed regulations on certain contents of the Electronic Transactions Law at point d Clause 3 Article 40, Clause 6 Article 42, Clause 7 Article 43, including: The construction, updating, maintenance, and exploitation and use of the national database; the sharing of the national database with other state agencies' databases; connection and sharing of data; the overall national digital architecture framework; open data and conditions ensuring the implementation of regulations on open data by state agencies.
2. This Decree applies to agencies, organizations, and individuals directly participating or related to activities: Construction, updating, maintenance, and exploitation and use of the national database; connection and sharing of data for electronic transactions of state agencies; construction and implementation of the overall national digital architecture framework; provision and exploitation of open data by state agencies.
Article 2. Interpretation of Terms
In this Decree, the following terms are understood as follows:
1. A shared database is a database established by an authorized body to serve common access and use by agencies and units under its management and to share externally for other agencies, organizations, and individuals to exploit and use. Shared databases within state agencies include the national database and departmental, sectoral, and local databases.
2. The national database is a shared database of one or several economic and social sectors constructed, updated, and maintained to meet requirements for accessing and using information by economic sectors and serving public interests, consistent with the purposes and usage requirements stipulated in this Decree.
3. The national database information system is a set of hardware, software, and database management systems established to serve the purpose of storing, managing data, and managing updates, maintenance, and exploitation of the national database.
4. The managing body of the national database is a ministry, agency equivalent to a ministry, government agency, or another organization entrusted with the main responsibility for constructing, updating, maintaining, managing, and exploiting the national database.
5. The data management and maintenance unit is an entity or organization entrusted by the managing body of the national database with the task of managing and administering data.
6. The operation unit of the national database information system is an entity or organization entrusted by the managing body of the national database with the task of operating the national database information system. In cases where services are outsourced to businesses, the business operating the national database information system is the service provider.
7. Master data is original data containing basic information to describe a specific object serving as a reference for synchronization between databases or different datasets. National database master data is uniformly used nationwide to synchronize between ministries', sectors', and local databases; master data in ministry, sector, and local databases is uniformly used within those ministries, sectors, and localities and serves synchronization between databases and datasets within them.
8. Original data is data created during the operations of agencies, organizations, or individuals or collected and created from digitizing paper documents, materials, or other physical forms.
9. Reference data is data in a database or dataset that is a copy of master data located in another database.
10. Database construction involves establishing a database, defined from the time the proposal to construct it is made until the database is formed and capable of being put into operation and use.
11. Database updating involves activities ensuring that the information in the database accurately reflects reality.
12. Database maintenance involves activities ensuring that the constructed database continues to exist, operate continuously, and has data quality meeting the requirements of competent authorities.
13. Exploitation and use of a database involve activities extracting, processing, and using data for specific purposes.
14. Connection refers to activities linking information systems to exchange and transmit data.
15. Data sharing involves activities transferring and copying data from data-managing agencies, organizations, or individuals to agencies, organizations, or individuals needing to exploit and use the data.
16. Conceptual data model is a preliminary design diagram of data content, clearly showing managed objects, basic data fields playing roles in describing and identifying managed objects, and relationships between managed objects in the database or within the scope of an agency or organization. The conceptual data model is independent of the technology used to store data.
17. Logical data model is a detailed design diagram of the entire or part of the conceptual data model, showing all data fields of managed objects in the database or data messages. The logical data model is independent of the technology used to store data.
18. Physical data model is a detailed design diagram derived from the logical data model, clearly showing data structure and fields for deployment in a database management system or data message.
19. Metadata is data providing information about the characteristics of data such as content, format, quality, and other features to facilitate the processes of searching, accessing, managing, storing, and exploiting and using data.
20. Open dataset is a collection of data with the same metadata shared by agencies or organizations according to the regulations on open data provision.
21. An open licence announcement is a document published by the data provider authority regarding the contents permitted and the contents that must be adhered to when other agencies, organizations, and individuals exploit and use the provided open data.
Chapter II
CONSTRUCTION, UPDATE, MAINTENANCE AND EXPLOITATION, USE OF NATIONAL DATABASES; SHARING OF NATIONAL DATABASES WITH OTHER STATE AGENCIES' DATABASES
Article 3. Principles for construction, update, maintenance and exploitation, use of National Databases
1. National databases shall be constructed, exploited, and used uniformly from central to local levels. The national database information system shall be centrally managed, built, and operated.
2. The Government shall uniformly manage data. The Government shall assign an agency to be the main manager of the national database to implement management, exploitation, and use according to its functions and tasks. Data generated from specialized state management activities at which level shall be the responsibility of that level's agency to accurately and timely update the data into the national database.
3. Compliance with regulations on management, connection, and sharing of digital data of national databases shall be implemented continuously and consistently, from design, construction, update, maintenance, to exploitation and use; ensuring consistent connection between the national database information system and other information systems; complying with technical standards and the overall national digital architecture framework; and adhering to relevant legal provisions.
Article 4. Primary Data of National Databases
1. Primary data must contain object identification codes.
2. Different national databases shall not contain overlapping primary data except for object identification codes.
3. When primary data in a national database changes, all corresponding reference data in other databases and datasets must change accordingly.
Article 5. Approval, Update of the List of National Databases
1. National databases proposed for inclusion in the list must meet the following requirements:
a) Serve national governance or monitor, analyze, research, and formulate national development policies;
b) Contain primary data, except in special cases of National Aggregate Databases;
c) Have wide-ranging exploitation and use across the country, connected and shared with ministries, sectors, localities, and state agencies for state management, administrative procedures, administrative reform, serving citizens and businesses, or serving economic and social development goals.
2. National databases must be within the List of National Databases. Ministries, ministerial-level agencies, and government agencies proposing additions, updates, or adjustments to the List of National Databases shall submit them to the Ministry of Public Security for consolidation and evaluation. If conditions are met, the Ministry of Public Security shall submit to the Prime Minister for approval to update or adjust the list. Documentation explaining the proposed addition, update, or adjustment to the List of National Databases includes the following contents:
a) Name of the national database;
b) Purpose of constructing the national database;
c) Scope of data in the national database;
d) Information about the primary data of the national database;
đ) Objectives and purposes of exploiting and using the national database;
e) Sources of information built and updated into the national database;
g) Methods of sharing data from the national database.
3. National databases already included in the List of National Databases but not developed within five years from the date of inclusion will be automatically removed from the List of National Databases. In cases where the database manager proposes to remove the database from the List of National Databases, they must submit a request letter accompanied by an explanation of why the database no longer meets the requirements set out in Clause 1 of this Article.
4. The Ministry of Public Security shall lead and coordinate with relevant agencies to consolidate and evaluate the extent to which the requirements of Clauses 1 and 2 of this Article are met, ensuring consistency and non-redundancy in the development of data and national databases, and submitting to the Prime Minister for consideration and approval to update or adjust the List of National Databases.
Article 6. Basic elements of the national database
1. The parties involved include:
a) The manager of the national database;
b) Units managing and maintaining data within the national database;
c) Units operating the information system of the national database;
d) Parties related to the exploitation and use of data from the national database.
2. Related activities include:
a) Building the national database;
b) Updating the national database;
c) Maintaining the national database and operating the information system of the national database;
d) Exploiting and using the national database;
đ) Managing the national database.
3. Related components include:
a) Data architecture, information system architecture of the national database, and other architectural documents;
b) Master data;
c) Database;
d) Information system of the national database.
Article 7. Building the national database
1. Building the national database includes the following activities:
a) Designing data architecture in accordance with the National Digital Architecture Framework;
b) Establishing the information system of the national database for storing and managing updates, maintenance, and exploitation of data including technical infrastructure, hardware, platform, software, applications through new investment, leasing services, or utilizing existing information systems, ensuring no duplication, overlap, or waste;
c) Collecting, standardizing, and creating data to form the database;
d) Other activities as prescribed by law.
2. Collecting, standardizing, and creating data for building the national database
Data for building the national database is collected and created from the following sources:
a) Directly collecting from business operations through information systems, platforms, applications, business software;
b) Exploiting and sharing from other national databases;
c) Extracting, selecting, and synchronizing relevant data from specialized databases, shared databases of ministries, sectors, localities;
d) Digitizing and standardizing information from management files of state agencies;
đ) Other sources as prescribed by relevant laws.
3. Requirements for collecting, creating, and standardizing data for building the national database:
a) Creating data in the national database must uniformly use common directory code tables issued by competent authorities;
b) The manager of the national database shall not collect, organize collection, or request organizations or individuals to provide again data that their own agency manages or has been shared by another agency, except when requesting data for updating or using for purposes of verifying or auditing data or if such data does not meet quality requirements according to technical standards or other laws;
c) Information can only be created and entered into the national database after being checked for accuracy;
d) Compliance with regulations on collecting, creating, and standardizing data as prescribed by laws on the management, connection, and sharing of digital data of state agencies;
đ) Collecting data to create master data of the national database is the responsibility of the agency under the administrative hierarchy of the sector or field or locality.
4. Building the national database must comply with technical standards and regulations on the application of information technology, provisions on investment and application of information technology, connection, sharing of data, cybersecurity, cyber security, and related laws.
5. In cases where the national database has not yet been established, ministries, sectors, and localities are permitted to collect data and incorporate it into their respective databases, while ensuring readiness for integration into the national database.
Article 8. Updating the National Database
1. Updating the national database includes the following activities:
a) Supplementing data;
b) Adjusting data.
2. Sources for updating data in the national database include:
a) Results of administrative procedures;
b) Proposals for amendments and supplements from agencies, organizations, and individuals;
c) Other databases related to changes.
d) Other sources as prescribed by law.
3. Data updates shall be conducted according to the following provisions:
a) In cases where data is updated based on the results of administrative procedures, the main data must be updated into the national database immediately upon completion of the business process or the administrative procedure resolution process;
b) In cases where data is updated based on proposals for amendments and supplements from agencies, organizations, and individuals: If the amendment or supplement falls within the scope of administrative procedures, the agency managing the national database shall guide the relevant agencies, organizations, and individuals to implement corresponding administrative procedures; if the update is not a result of an administrative procedure, it shall be carried out in accordance with the regulations of specialized laws applicable;
c) In cases where data is updated from the databases of ministries, sectors, localities where the original data originates, the units managing and maintaining the national database must apply appropriate technical measures to ensure that the main data in the national database is updated simultaneously with the original data in the databases of ministries, sectors, and localities.
4. Reference data pointing to the main data in other national databases must be updated promptly in response to any changes in the main data.
5. Agencies and organizations responsible for updating data into the national database are responsible for ensuring the accuracy of the main data at the time of update. The managing agency of the national database is responsible for any errors or changes arising during the management, storage, and sharing of data.
6. The managing agency of the national database has the responsibility to issue procedures for updating the main data, reference data, and other data in the national database, organize and supervise the implementation of data updates into the national database.
Article 9. Maintaining the National Database
Maintaining the national database includes the following activities:
1. Organizing inspections, evaluations, and maintenance of data in the national database as prescribed.
2. Maintaining operations and running the information system of the national database.
3. Ensuring the security of the national database information system to meet the requirements of the level of information systems as stipulated by laws on cybersecurity and cyber security.
Article 10. Exploitation and Use of the National Database
1. Objectives of exploiting and using the national database
a) Reducing, simplifying administrative procedures, improving the quality of public services for citizens and businesses.
b) Administrative reform, enhancing public management capacity.
c) Monitoring, analyzing, researching, and formulating national development policies.
d) Supporting management, guidance, and operation by competent authorities.
đ) Establishing, standardizing, and synchronizing databases of ministries, sectors, localities, and other state agencies.
e) Providing information and data to citizens and businesses for the development of digital economy and society.
g) Serving crime prevention and control work.
h) International cooperation to meet the requirements of ensuring security and order in new circumstances and international integration.
i) Other purposes as prescribed by specialized laws and directed by competent authorities.
2. Subjects exploiting and using the national database
Party agencies, the National Assembly, the Government, Courts, Procuracy, the Vietnam Fatherland Front, and political-social organizations from central to commune levels, and organizations and individuals exploiting and using the national database according to the exploitation and use purposes specified in Clause 1 of this Article.
3. Methods of exploiting and using the national database
a) Direct exploitation and use on the national database information system; searching and retrieving through the National Data Portal, the National Public Service Portal, the Information Portal of the national database manager, the National Identity Application, the Electronic Identification and Authentication Platform, and other means provided by competent authorities;
b) Indirect exploitation and use through connections and data sharing between information systems as prescribed in Clause 4 of this Article;
c) Exploitation and use through sending documents to competent authorities;
d) Exploitation and use through other means provided by competent authorities in accordance with the law.
4. Indirect exploitation and use through connections and data sharing
a) Indirect exploitation and use through online connections and data sharing between information systems. The national database manager is responsible for publishing information on data sharing services on the Data Sharing Service Management System to facilitate the acceptance of requests to establish connections and share data from agencies, organizations, and individuals;
b) Indirect exploitation and use through copies of data extracted from the national database. For data within the scope of management areas, ministries, sectors, localities, and other state agencies permitted to create copies and store them in their own databases through online connections and data sharing on the network by synchronizing all or part of the data and applying appropriate data protection measures. Main data exploited and stored outside the national database for a long term does not have equivalent legal value to the main data in the national database, except as otherwise provided by law;
c) Indirect exploitation and use through the National Integrated Database. National databases synchronize and update data to the National Integrated Database. After synchronization, the data will be provided in the form of shared data, open data for agencies, organizations, and individuals to exploit and use in accordance with the law.
Article 11. Regulations on the exploitation and use of national databases
1. The head of the managing agency of the national database shall be responsible for promulgating and directing the implementation of regulations on the exploitation and use of the national database within their management scope.
2. The establishment of regulations shall be based on the following contents: functions, tasks, and organizational structure of the managing agency; objectives of construction and main data; scope and scale of data; subjects and purposes of exploitation and use; methods of sharing; current status and emerging requirements during the operation of the national database.
3. The main contents of the regulations include: subjects and scope of exploitation and use; specific responsibilities, authorities, and obligations of each agency, organization, and individual related to the management, maintenance of data, and operation of the national database information system; conditions, requirements, and procedures for connecting and sharing data; forms of exploiting and using data; sanctions for violations of the regulations.
4. The regulations shall not impose additional conditions that limit the scope and subjects of data exploitation and use compared to legal provisions.
Article 12. Management of National Databases
Management of national databases includes the following activities:
1. Data governance, including the sharing, exploitation, and use of data in accordance with legal provisions on the management, connection, and sharing of digital data by state agencies.
2. Data architecture management, including the design and maintenance of data infrastructure to ensure integration capability, quality, and accessibility of data.
3. Management and design of data models, including determining the structure and relationships of data to serve the process of building, exploiting, and using data in the national database.
4. Data storage and operation of the national database information system, including ensuring safe data storage while maintaining readiness and efficiency in data exploitation and use.
5. Data security, including preventing unauthorized access, disclosure, leakage, exploitation, and use; protecting personal data and complying with legal provisions on cybersecurity and cyber security.
6. Integrated data management, including connecting and synchronizing data from different sources, ensuring connectivity and sharing capabilities between the national database and other databases and information systems of ministries, sectors, and localities.
7. Master data management, including selecting appropriate technology, tools, and processes to ensure that master data in the national database is collected, updated, exploited, and used accurately, consistently, and comprehensively.
8. Data quality management, including ensuring accuracy, completeness, timeliness, and compliance with exploitation and use requirements.
Article 13. Ensuring Human Resources
1. The managing agency of the national database shall be responsible for ensuring human resources for the management, construction, updating, maintenance, exploitation, and use of the national database. In cases where internal human resources cannot meet the requirements, experts and organizations may be hired according to legal provisions.
2. The managing agency of the national database may hire experts from the state budget annually according to legal provisions to advise on the construction of databases; perform specialized technical activities related to management, operation, and ensuring cybersecurity and cyber security for the national database information system.
Article 14. Ensuring Funding
1. The funding for building, updating, maintaining, operating, and using the national database shall be implemented in accordance with the laws on managing investment in information technology applications using state budget funds and the operational funding for information technology applications from regular state budget sources and other lawful revenue provisions. Maintenance funding for the national database includes maintenance funding for the national database and maintenance funding for the source information of the national database at the databases of ministries, sectors, and localities.
2. The management agency of the National Data Center uses funding allocated from the state budget and other funding as prescribed by law to serve the construction, upgrading, and operation of the National Data Center and the shared information technology infrastructure for national databases located at the National Data Center.
3. The head of the national database uses funding allocated from the state budget, from fees and charges, and other funding as prescribed by law to serve the construction, updating, management, and maintenance of the database, except for funding already provided for the shared information technology infrastructure as stipulated in Clause 2 of this Article.
4. Allocate funding from the state budget and other lawful revenues for investing in the construction of national databases; allocate regular funding to ensure the activities of collecting information, updating, and maintaining national databases in accordance with the laws on the state budget and public investment.
Article 15. Sharing the National Database with Other State Agencies' Databases
1. Sharing the national database with other state agencies' databases is a data sharing activity. In this context, data from the national database is transferred to other state agencies' databases according to the provisions of Clause 2 of this Article.
2. The national database must be shared with databases managed by other state agencies in accordance with the regulations on exploiting and using databases as stipulated in Article 10 and the connection and data sharing provisions in Chapter III of this Decree.
Chapter III
CONNECTION AND DATA SHARING IN ELECTRONIC TRANSACTIONS OF STATE AGENCIES, NATIONAL DIGITAL ARCHITECTURE FRAMEWORK
Article 16. General Principles for Data Sharing
1. Data within state agencies must be shared with other agencies, organizations, and individuals in the following cases, unless otherwise prescribed by law:
a) Data generated by which state agency, that state agency may share it back;
b) State agencies managing industries and fields at the local level may share data from national databases and sectoral databases within the scope of their industry and field management;
c) Common databases at which level, units under and directly subordinate to that level may share them appropriately based on their assigned functions and tasks.
2. Besides the cases stipulated in Clause 1 of this Article, common data and open data within state agencies are presumed to be shared with other state agencies to serve administrative management activities within their authority upon request. In case of refusal to share data, a written response must be provided stating the reasons and clearly identifying the legal basis restricting data sharing. In case of difficulties, follow the procedures for handling difficulties in managing, connecting, and sharing digital data among state agencies.
3. Data in the databases of state agencies can be shared for immediate use by other state agencies or to create other databases within state agencies according to their authority; the agency requesting data sharing must specify whether it is for immediate use or to create another database in the request. For creating another database, reference data must be synchronized with the master data.
4. State agencies receiving master data from the national database, or from sectoral or local databases, shall not require individuals, organizations, or entities to provide equivalent information in paper form when performing administrative procedures or administrative activities, except where otherwise prescribed by law. Master data in the national database, sectoral or local databases have official usage value equivalent to paper documents provided by authorized agencies in accordance with the Law on Electronic Transactions.
5. State agencies managing databases must publish information about the data they manage and the conditions for accessing data on the internet environment.
Article 17. Implementation of data connection and sharing
1. Forms of data sharing include:
a) Sharing data through physical carriers;
b) Sharing data by users downloading through a network environment;
c) Online, automatic data sharing through the connection between the information system providing data and the information system exploiting data.
2. Agencies, organizations, and individuals requiring data exploitation shall request the competent authority to share data in one of the following methods:
a) Submitting a written request for data provision to the agency managing the data;
b) Submitting a written request for data provision to the intermediary system management agency when the intermediary system management agency has been authorized by the data management agency to receive and process data sharing requests;
c) Registering for connection through the Data Sharing Service Management System.
3. Ensuring availability, implementation procedures, and management of data connection and sharing shall be carried out in accordance with the provisions of Decree No. 47/2020/NĐ-CP dated April 9, 2020 of the Government on the management, connection, and sharing of digital data of state agencies, specialized laws, and guiding directives of competent authorities.
Article 18. Connection methods for data sharing
1. Connection methods shall be implemented in accordance with the provisions of Clause 3, Article 42 of the Law on Electronic Transactions and regulations on connection and data sharing in the management, connection, and sharing of digital data of state agencies.
2. In cases where data is shared from specialized databases between central and local state management agencies, the head of the central database must ensure implementation to meet at least one of the following two requirements:
a) Providing sufficient online data connection and sharing services on the network to access data, ensuring that local state management agencies can develop applications to meet administrative management needs;
b) Providing online data connection and sharing on the network by synchronizing the entire or part of the central database to the locality so that local state management agencies can independently exploit and use the data.
Article 19. Connection models for data sharing
1. The priority application of the connection model prescribed in Clause 4, Article 42 of the Law on Electronic Transactions shall be implemented as follows:
a) Connecting and sharing through intermediary systems;
b) Directly connecting between information systems when intermediary systems are not ready or the intermediary system management agency determines that the intermediary system cannot meet the requirements for connection and data sharing.
2. Determination of intermediary systems being unprepared or unable to meet the requirements for connection and data sharing must be expressed in writing by the intermediary system management agency upon request from agencies, organizations, or individuals.
Article 20. Intermediary systems in connection for data sharing
1. Intermediary systems include the National Data Integration and Sharing Platform, the National Data Center's Data Sharing and Coordination Platform, and provincial-level data connection and sharing infrastructures classified and connected according to the National Digital Architecture Framework forming a network of intermediaries serving connections and data sharing among information systems and databases, as follows:
a) The National Data Integration and Sharing Platform serves connections and data sharing among national information systems and databases; among provincial-level data connection and sharing infrastructures; and among important information systems and platforms in developing electronic government, digital government, digital economy, and digital society;
b) The National Data Center's Data Sharing and Coordination Platform serves connections, integration, sharing, and coordination of data between the National Data Center and agencies, organizations, and individuals;
c) Provincial-level data connection and sharing infrastructures serve connections and data sharing among information systems and databases within the same central agency or within the same data center of state agencies. Provincial-level data connection and sharing infrastructures connect to the National Data Integration and Sharing Platform to connect externally.
2. Roles of intermediary systems
a) Transferring data and transactions between data providers and data exploiters or among transaction participants;
b) Integrating and processing data;
c) Verifying data in case of required verification during transactions;
d) Statistics on transactions;
đ) Managing and authenticating agencies, organizations connecting through intermediary systems;
e) Other necessary roles serving the connection and sharing of data by state agencies.
3. Costs for establishing services, implementing data sharing between state agencies through intermediary systems, and operating costs for intermediary systems shall be guaranteed from the state budget and other legitimate sources; costs arising from setting up services, implementing, and managing connections with organizations and individuals not belonging to state agencies shall be borne by those organizations and individuals.
Article 21. Components serving connectivity and data sharing under information technology investment projects funded by state budget
Components serving connectivity and data sharing under information technology investment projects funded by state budget as stipulated at point b, Clause 1, Article 42 of the Law on Electronic Transactions must meet the following requirements:
1. Be described in the conceptual design, including the following contents: Conceptual data model design of the database and shared data message, except for cases where the data is managed within a system that complies with established standards, technical regulations, or provisions and is clearly indicated in the conceptual design; list of shared data services of the database management system; preliminary design of subsystems for receiving, processing, and managing data sharing from the database to external systems.
2. Be described in the detailed design, including the following contents: Logical and physical data models clearly showing the data structure and data fields within the database management system; detailed list and description of shared data services of the database management system, including input parameters and output data messages; detailed design of subsystems for receiving, processing, and managing data sharing from the database to external systems. In cases where the detailed design does not include a physical data model, the physical data model must be a product of the construction process.
3. In cases where information technology investment projects do not connect or share data externally or do not use external data, the investment policy decision must clearly state that the project's products do not involve connectivity or data sharing activities.
Article 22. Human Resources for Connectivity and Data Sharing
1. The database owner and data exploitation agencies may hire experts from the state budget annually according to the law to carry out activities establishing connections, processing, converting, integrating data, and other activities related to connectivity and data sharing when internal human resources cannot meet the requirements.
2. Expenses, human resources, hiring experts, and payment levels for hired experts shall be implemented according to the laws governing the management, connection, and sharing of digital data by state agencies, electronic transactions by state agencies, and relevant laws.
Article 23. Costs of Data Exploitation
1. Except where otherwise provided by law, data sharing between state agencies is free of charge.
2. Organizations and individuals permitted by state agencies to exploit data are responsible for paying fees related to the exploitation and use of information and data as prescribed by the law on fees; costs for connectivity, actual costs incurred to serve the purpose of printing, copying, photographing, and sending information via electronic means.
3. Actual costs to serve the purpose of printing, copying, photographing, and sending information via electronic means include expenses for processing, copying, converting, transmitting data through connectivity and data sharing on intermediary systems for organizations and individuals, carried out according to regulations on information access costs.
Article 24. National Digital Architecture Framework
1. The national digital architecture framework includes:
a) The e-Government, Digital Government architecture framework, including the Vietnam Digital Government architecture framework and the digital architecture frameworks at the ministry level and provincial level;
b) The digital architecture framework of agencies and organizations, including the digital architecture frameworks of agencies and organizations not mentioned in point a of this clause.
2. Roles of digital architecture frameworks:
a) The Vietnam Digital Government architecture framework plays a role in generally describing the Digital Government; guiding methods for construction, basic components in digital architecture frameworks at the ministry level and provincial level, and digital architecture frameworks of agencies and organizations;
b) The digital architecture frameworks at the ministry level and provincial level, and the digital architecture frameworks of agencies and organizations serve as a basis for deploying databases and information systems within agencies and organizations.
3. Names of digital architecture frameworks
a) The digital architecture framework at the ministry level shall be named according to the structure including the phrase "Digital Government Architecture" followed by the name of the ministry, equivalent ministry-level agency, or agency under the Government;
b) The digital architecture framework at the provincial level shall be named according to the structure including the phrase "Digital Administration Architecture" followed by the name of the province or centrally-administered city;
c) The digital architecture framework of state agencies not mentioned in points a and b of this clause shall be named according to the structure including the words and phrases in the following order: "Architecture", the name of the agency or organization, and "digital".
4. The Minister of Science and Technology shall issue and update the National Digital Architecture Framework and the Vietnam Digital Government Architecture Framework. The Minister, Head of equivalent ministry-level agency, or agency under the Government shall issue the digital architecture framework at the ministry level. The Chairman of the People's Committee of the province or centrally-administered city shall issue the digital architecture framework at the provincial level. The head of other state agencies shall issue the digital architecture framework of their respective agencies.
Article 25. Main Content of Digital Architecture Framework
The digital architecture framework at the ministry level and provincial level, and the digital architecture framework of agencies and organizations include the following main contents:
1. Components of the digital architecture framework:
a) Current architecture framework: Describing the current status of component architectures related to data, business processes, applications, technology, and information security at the time of establishing the digital architecture framework;
b) Target architecture framework: Describing the target component architectures related to data, business processes, applications, technology, and information security that the agency or organization aims to achieve;
c) Provisions on actions required to transition from the current architecture framework to the target architecture framework.
2. Component architectures:
a) Data architecture: Listing and generally describing the data catalog of managed objects, organizing shared databases, and conceptual data models for data within the management scope;
b) Business process architecture: Listing and generally describing the business process catalog; generally describing information technology applications that will support business processes;
c) Application architecture: Listing and generally describing the application and service application catalog of the agency or organization; describing the integration diagram of applications within the agency or organization and integration with external applications and services;
d) Technology architecture: Generally describing network infrastructure, data center infrastructure, technical infrastructure, and information technology equipment to deploy applications, service applications, and databases;
đ) Information security architecture: Describing plans and solutions to ensure network information security and cybersecurity.
Chapter IV
OPEN DATA AND CONDITIONS TO ENSURE THE IMPLEMENTATION OF OPEN DATA REGULATIONS BY STATE AGENCIES
Article 26. Open Publication
1. Open data shall be provided according to the Open Publication of the data provider agency.
2. The open data provider agency shall issue the Open Publication or accept the Open Publication published by another agency or organization.
3. The content of the Open Publication must comply with the provisions of Clause 2, Clause 3, Clause 4, Clause 5, and Clause 6 of Article 43 of the Law on Electronic Transactions.
4. Organizations and individuals exploiting and using open data must comply with the content of the Open Publication designated in the metadata of the open dataset when exploiting and using it, and the regulations on open data stipulated in this Decree.
Article 27. Provision of Open Data
1. Open data provided must ensure quality, have an open format, be capable of being sent, received, stored, and processed by digital devices, ensure accessibility for users, and comply with the provisions of Clause 2 and Clause 3 of Article 43 of the Law on Electronic Transactions.
2. The provision of open data must meet the following requirements:
a) Personal information must not be disclosed; personal information risks must be assessed and limited when open data is combined with other information.
b) Ensure cybersecurity and network security during the use of open data, including risks caused by open data or risks when open data is combined with other data.
c) The list of open data must be reviewed annually; if there are changes or updates to the content, they must be promptly amended and supplemented. Open data announced according to the list must be updated or supplemented within no more than three months from the date of announcement.
d) Comply with the relevant specialized laws.
3. Ministries, ministerial-level agencies, government agencies, provincial People's Committees, and centrally-run city People's Committees shall be responsible for implementing the following contents:
a) Issuing and implementing plans for providing open data along with lists of open data to be provided at each stage based on the consensus of the Ministry of Public Security, the Ministry of Science and Technology, and related agencies.
b) Determining mechanisms for collecting and analyzing feedback from organizations and individuals regarding the use of open data; designating contact points to receive feedback from organizations and individuals on issues related to the quality, usability, format, and compliance with relevant laws concerning open data.
c) Applying preventive measures against risks during the development and publication of open data directly related to human safety and property affected.
d) Implementing measures to encourage organizations and individuals to exploit and use open data; receiving feedback from organizations and individuals to determine priority levels and implement the publication of open data in accordance with needs; supporting organizations and individuals participating in contributing to and expanding open data.
Article 28. Forms of Providing Open Data
1. Open data shall be provided in the form of open datasets.
2. An open dataset includes the following components:
a) Metadata of the open dataset, complying with the standard for open data description for the data portal.
b) Content of the open data, contained in downloadable data files or shared data messages through data sharing services on the internet.
3. Open data must be provided through at least one of the following communication channels on the Internet: Official electronic information portal of the agency or organization; Departmental, sectoral, or local data portal; National data portal; intermediary systems serving connection and data sharing as prescribed by law.
4. Agencies and organizations providing open data shall be responsible for self-providing or sending the open dataset to the specialized information technology agency of the department, sector, or locality to provide data on the channels as prescribed in Clause 3 of this Article.
Article 29. Ensuring Costs, Human Resources, and Infrastructure for Implementing Provisions on Open Data
1. The costs of providing open data include preparing open data, assessing risks related to open data, building and maintaining the open data portal, promoting and disseminating information about open data, organizing events to encourage the use of open data, and other related activities. The costs of providing open data are guaranteed from the state budget in accordance with the provisions of the law and other legitimate sources of funding.
2. Human resources implementing provisions on open data are either in-house staff or hired experts when in-house staff cannot meet the requirements. The agency providing open data is responsible for appointing focal point officers to manage the provision of open data.
3. Technical infrastructure serving the provision of open data includes the National Data Portal and departmental, sectoral, and local data portals. The National Data Portal serves as the central provider of open data nationwide, connecting with departmental, sectoral, and local data portals and other agencies and organizations. Departmental, sectoral, and local data portals provide open data within their respective jurisdictions and connect with the National Data Portal.
Chapter V
IMPLEMENTATION
Article 30. Responsibilities of the Managing Authority of the National Database
1. Lead in building and maintaining the national database; update data within its jurisdiction into the national database; ensure that the national database management system operates continuously, stably, and smoothly to meet the requirements for exploitation and use by agencies, organizations, and individuals as prescribed by law.
2. Fulfill the managing authority's responsibilities for the national database information system according to the level of security assurance. In cases where the national database information system is determined to be a critical information system for national security, the managing authority must fulfill all responsibilities as prescribed by relevant laws.
3. Assign units to manage and maintain data; ensure organizational structure and human resource management; implement recruitment, training, development, and hiring of experts to serve the construction, updating, maintenance, exploitation, and use of the national database.
4. Ensure technical infrastructure for connection and data sharing as prescribed; implement connections and data sharing between the national database information system and other information systems through intermediary systems, in compliance with the overall national digital architecture framework; provide data from the national database to the National Data Portal to serve agencies, organizations, and individuals in exploitation.
5. Lead and coordinate with relevant agencies and units to ensure cybersecurity and protect information systems in accordance with the law on cybersecurity.
6. Lead and coordinate with the Ministry of Public Security to develop plans, timelines, and propose funding for transferring the national database information system to the National Data Center.
7. Develop and promulgate technical regulations on the structure of data exchange, connection, and sharing between the national database and databases of departments, sectors, and localities; rules for exploiting and using data from the national database.
Article 31. Responsibilities of the data management and maintenance unit
1. Advise the supervising agency on the establishment and improvement of mechanisms, policies, regulations, and rules related to the national database; organize the implementation of such regulations and rules; conduct inspections and supervision to ensure compliance with regulations and rules related to the national database.
2. Implement data governance; manage and design data models; manage data integration and interaction; manage data quality; ensure data security; manage master data within the scope of the national database.
Article 32. Responsibilities of the unit operating the national database information system
1. Operate technical infrastructure, hardware, software, platforms, applications, and networks to ensure stable and continuous operation of the national database information system. In cases where the operating unit is an organization or enterprise hired by the supervising agency for services, it shall not hold or manage system information administration accounts or database administration accounts.
2. Fully perform the responsibilities of the information system operating unit according to regulations on ensuring information system security levels.
Article 33. Responsibilities of the Ministry of Science and Technology
1. Build, manage, operate, and maintain the National Data Integration and Sharing Platform to facilitate connections between national databases and between national databases and sectoral, local databases, and other information systems; manage the list of data sharing services within government agencies.
2. Lead and coordinate with national database supervising agencies and relevant agencies to build, issue, or submit to competent authorities for issuance regulations, standards, and technical specifications on information technology to serve the construction, exploitation, and use of national databases.
Article 34. Responsibilities of the Ministry of Public Security
1. Aggregate, evaluate, and propose the Prime Minister to issue, update, and adjust the list of national databases.
2. Construct the National Data Portal at the National Data Center.
3. Coordinate with relevant agencies to determine the list of master data in state agency databases to synchronize with the National Data Center.
Article 35. Responsibilities of the Ministry of Finance
Lead and coordinate with relevant agencies to specify detailed actual costs to serve the purpose of printing, copying, photographing, and sending information electronically to organizations and individuals according to laws on access to information.
Article 36. Responsibilities of ministries, ministerial-level agencies, and government agencies managing sectors and fields
1. Establish and promulgate lists of data, standards, technical specifications, or technical regulations applicable to data within their respective sectors and fields of management.
2. Clearly define the scope of data collected centrally by central agencies and the scope of data collected locally; guide localities to implement data collection to ensure data quality and readiness for interconnection and data sharing between central and local agencies.
Article 37. Responsibilities of ministries, ministerial-level agencies, government agencies, and People's Committees of provinces and centrally-administered cities
1. Allocate funds to update data and organize the updating of data into the national database under their management as stipulated in Article 8 of this Decree.
2. Connect and share data from the national database, specialized databases, and shared databases under their management with agencies, organizations, and individuals.
3. Review and adjust administrative procedures within their functional and operational scope to utilize data from the national database as prescribed in Article 10 of this Decree.
4. Propose additions, updates, and adjustments to the list of national databases as stipulated in Clause 2, Article 5 of this Decree, in accordance with the needs of applying information technology and digital transformation during each stage of e-government, digital government, digital economy, and digital society development under their management.
5. Direct subordinate agencies and units to provide information and update data into the national database and be responsible for the accuracy and integrity of the information and data updated.
6. In cases where proposing a national database that is not included in the List of National Databases in specialized normative legal documents, the proposing agency must comply with the provisions of Clause 1, Article 5 of this Decree and must have a unified document from the Ministry of Public Security before submitting to the competent authority.
Article 38. Rights and responsibilities of organizations and individuals
1. The right to exploit and use data from databases in accordance with this Decree and the regulations on exploiting and using databases.
2. The right to lodge complaints and denunciations in accordance with the law when their rights to exploit and use data are violated.
3. To comply with regulations on building, managing, exploiting, and using databases.
4. To ensure the completeness and accuracy of data provided by themselves; to update and promptly notify the managing agency of the database of any changes or errors discovered in the provided data.
Chapter VI
IMPLEMENTING PROVISIONS
Article 39. Transitional Provisions
1. Where current regulations require compliance with the National Government Digital Architecture Framework, the Ministry-level Government Digital Architecture, and the Provincial Digital Administration Architecture, they must comply with the overall national architecture framework number.
2. The Ministry-level Government Digital Architecture and the Provincial Digital Administration Architecture that have been issued continue to be applied until they are updated to new versions and renamed in accordance with this Decree.
Article 40. Effective Date
1. This Decree takes effect from August 19, 2025.
2. Repeal the following provisions:
a) Decree No. 47/2024/NĐ-CP dated May 9, 2024 of the Government stipulating the list of national databases; the construction, updating, maintenance, exploitation, and use of national databases;
b) Clause 4, Article 3, Clause 2, Article 12, Articles 17, 18, 19, 20, 21, point a, point b, Clause 1, Article 53 of Decree No. 47/2020/NĐ-CP dated April 9, 2020 of the Government on management, connection, and sharing of digital data of state agencies.
3. Amend Clause 3, Article 35 of Decree No. 47/2020/NĐ-CP dated April 9, 2020 of the Government on management, connection, and sharing of digital data of state agencies as follows: "Within a maximum period of two working days from receipt of the request, the data-providing agency shall be responsible for creating a connection account and notifying the requesting agency or unit. In case of refusal, the reasons for refusal must be clearly stated."
Article 41. Responsibility for Implementation
1. The Minister of Science and Technology shall be responsible for guiding, inspecting, and urging the implementation of this Decree.
2. The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities, and related agencies, organizations, and individuals shall be responsible for implementing this Decree.
|
Place of Receipt: |
PRIME MINISTER (Signed) Nguyen Chi Dung |
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