Decree No. 20/2016/NĐ-CP on the National Administrative Violation Handling Database

DECREE

Article 24Regarding the National Database on Administrative Offense Handling

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Based on the Government Organization Law dated June 19, 20015;

Pursuant to the Law on Handling Administrative Violations dated June 20, 2012;i Handling Law dated June 20, 2012"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."The Government promulgates this Decree stipulating the National Database on Administrative Offense Handling.

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

At the proposal of the Minister of Justice,

This Decree stipulates the construction, management, exploitation, and use of the National Database on Administrative Offense Handling; the responsibilities of Ministries, ministerial-level agencies, the Supreme People's Court, People's Committees of provinces and centrally governed cities (hereinafter referred to as provincial-level People's Committees), organizations, and individuals in the construction, management, exploitation, and use of the National Database on Administrative Offense Handling. Number of employees and workers directly involved in the joint venture and association activities of the organization over the last 03 years7. State agencies, civil servants, and other officials related to the construction, management, exploitation, and use of the National Database on Administrative Offense Handling. reason 1. Documents on administrative offense handling are written documents, papers, photographs, images, printed forms, measurement data, and data stored in the memory of technical equipment containing information about administrative penalty cases or administrative measures.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

2. Electronic data on administrative offense handling are digitalized information contained in documents on administrative offense handling.

Article 2. Applicability

This Decree applies to:

1. Authorities and persons authorized to impose administrative penalties.

2. Authorities executing decisions on administrative penalties.

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

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

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

6. State management authorities for administrative offense handling.

3. The National Database on Administrative Offense Handling is a collection of data on administrative offense handling that is built, updated, maintained, exploited, and used through electronic means to serve state management activities on administrative offense handling and combating violations of laws.

Article 3. Explanation of Terms

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

Article 4. Principles for the construction, management, exploitation, and use of the National Database on Administrative Offense Handling

1. Compliance with the Law on Handling Administrative Violations, the Law on Information Technology, and this Decree.

2. Ensuring accuracy, completeness, and timeliness.

3. Clearly defining authorities and responsibilities according to the functions and tasks of agencies and authorized persons.

4. Exploiting and using for the intended purpose, ensuring the confidentiality of information of organizations and individuals subject to administrative penalties.

5. Strictly managing to ensure information security and safety.

Article 5. Funding for the construction and management of the National Database on Administrative Offense Handling

1. Investment funding for the construction, expansion, and upgrading of the National Database on Administrative Offense Handling shall be sourced from the budget for public services, the development investment budget, and other lawful state capital sources.

2. Funding allocated to Ministries, ministerial-level agencies, and provincial-level People's Committees for the management, updating of information, training on usage, and maintenance and operation of the National Database on Administrative Offense Handling shall be guaranteed by the state budget annually according to the decentralization level.

Article 6. Prohibited Acts

1. Unauthorized access to the National Database on Administrative Offense Handling.

2. Obstructing or illegally preventing the transmission, sending, or receiving of data.

3. Illegally distorting, changing, deleting, or destroying data.

4. Providing illegal information or exploiting the provision of information on administrative offense handling for personal gain.

5. Damaging technical infrastructure, information, or spreading computer viruses.

6. Using information extracted from the National Database on Administrative Offense Handling for purposes other than intended.

4. Providing information contrary to the law or taking advantage of providing information on administrative violation handling for personal gain.

5. Sabotaging technical infrastructure, information, or disseminating computer viruses.

6. Using information extracted from the National Database on Administrative Violation Handling for purposes other than intended.

Article 7. Use of Information in the National Database for Administrative Violation Handling

Information in the National Database for Administrative Violation Handling shall be officially used in state management of administrative violation handling and combating violations of laws.

Chapter II

CONSTRUCTION, MANAGEMENT, EXPLOITATION AND USE

NATIONAL DATABASE FOR ADMINISTRATIVE VIOLATION HANDLING

Section 1

CONSTRUCTION, MANAGEMENT AND MAINTENANCE

NATIONAL DATABASE FOR ADMINISTRATIVE VIOLATION HANDLING

Article 8. Construction of the National Database for Administrative Violation Handling

1. The National Database for Administrative Violation Handling shall be constructed centrally, uniformly, and shared nationwide.

2. The National Database for Administrative Violation Handling shall be constructed in accordance with the framework architecture of Vietnam's Electronic Government, meeting national database technical standards, information technology technical standards, security and cybersecurity standards, and economic and technical norms.

3. The design structure of the National Database for Administrative Violation Handling must ensure expandability and development.

Article 9. Information in the National Database for Administrative Violation Handling

1. Information on the Decision to Impose Administrative Sanctions:

a) The person subject to administrative sanction:

In case the violator is an individual: Full name; date of birth; personal identification number or citizen identification card number or public security citizen identification number or military identification number or passport number (if applicable); gender.

In case the violator is an organization: Name of the organization; address of headquarters; code number (for enterprises) or investment registration certificate number/business registration certificate number; establishment permit number/activity registration number (for other organizations); full name of the legal representative or business owner or head of the organization.

b) Number, date, month, year of issuance of the Decision to Impose Administrative Sanctions;

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

d) Authority of the person with sanctioning power; title of the person issuing the Decision to Impose Administrative Sanctions.

2. Information on the enforcement of the Decision to Impose Administrative Sanctions, enforcement of the Decision to Apply Measures to Mitigate Consequences (if applicable):

a) Suspension of execution of the fine decision; temporary suspension of the enforcement of the Decision to Impose Administrative Sanctions; cessation of enforcement of penalty forms or amendment, supplementation, or revocation of the Decision to Impose Administrative Sanctions (if applicable);

b) Reduction or exemption from fines; payment of fines in installments (amount already paid, amount yet to be paid (if applicable);

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

d) Date of completion of enforcement of the Decision to Impose Administrative Sanctions;

đ) Complaints, lawsuits against the Decision to Impose Administrative Sanctions (if applicable).

3. Information on the application of administrative measures:

a) Full name of the violator; date of birth; personal identification number or citizen identification card number or passport number (if applicable); gender;

b) Number, date, month, year of issuance of the Decision to Apply Administrative Measures;

c) Violating act;

d) Applied administrative measure;

đ) Duration of application;

e) Suspension, exemption; reduction of duration, temporary suspension or exemption from remaining time at educational facilities, compulsory education institutions, compulsory drug rehabilitation centers;

g) Date of completion of enforcement of the Decision to Apply Administrative Measures;

h) Authority or authority of the person with decision-making power to apply administrative measures;

i) Complaints, lawsuits, recommendations, appeals against the Decision to Apply Administrative Measures (if applicable).

4. Information on the application of family-based management measures:

a) Full name of the minor; date of birth; personal identification number or citizen identification card number or passport number (if applicable); gender;

b) Number, date, month, year of issuance of the Decision to Apply Family-Based Management Measures;

c) Reason for applying family-based management measures;

d) Duration of application, date of enforcement of the Decision to Apply Family-Based Management Measures;

đ) Name of organization or individual cooperating in supervision;

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

g) Date of completion of enforcement of the Decision to Apply Family-Based Management Measures;

h) Authority of the person with decision-making power to apply family-based management measures; title of the person issuing the Decision to Apply Family-Based Management Measures;

i) Complaints, lawsuits against the Decision to Apply Family-Based Management Measures (if applicable).

Article 10. Responsibility for providing, receiving, and updating information on administrative violation handling

1. The authority's agency with the power to impose administrative penalties, the agency enforcing penalty decisions, the agency enforcing coercive measures to enforce penalty decisions, the agency deciding to apply administrative handling measures, and the agency enforcing decisions to apply administrative handling measures shall be responsible for providing and updating information on administrative violations handled by themselves to the National Database on Administrative Violation Handling.

2. Based on actual circumstances, the agencies specified in Clause 1 of this Article shall be responsible for arranging personnel or organizing departments to receive and update information on administrative violations from the authority handling such violations.

3. Procedures for providing and receiving information on administrative violation handling:

a) The agencies specified in Clause 1 of this Article must provide information to the department responsible for receiving and updating information within two (2) working days from the date of issuance of the Administrative Penalty Decision or the Decision to Apply Administrative Handling Measures for inspection and classification.

In remote areas, border regions, mountainous areas where travel is difficult, or in cases of penalties imposed at sea or outside regular working hours, the authority imposing penalties must provide information to the department responsible for receiving and updating information within two (2) working days from the date of depositing the fine collected at the State Treasury or depositing it into the State Treasury account;

b) The department responsible for receiving and updating information shall conduct checks on information about administrative violation handling based on ensuring the accuracy and completeness of transferred documents and materials to avoid duplicate information updates.

In cases where information is incomplete or unclear, the department shall request the agency that provided the information under Point a of Clause 3 of this Article to supplement or clarify the information.

4. The process of entering new information on administrative violation handling into the National Database on Administrative Violation Handling shall be carried out as follows:

a) The department responsible for receiving and updating information of the agency specified in Clause 2 of this Article, within one (1) working day from the date of receipt of the Administrative Penalty Decision or the Decision to Apply Administrative Handling Measures, shall digitize the incoming information according to the data entry forms and enter new information as prescribed in Clause 1; Points a, b, c, d, đ, and h of Clause 3; Points a, b, c, d, đ, and h of Clause 4 of Article 9 of this Decree into the National Database on Administrative Violation Handling;

b) Recheck the contents specified in Point a of this Clause before approving the information into the National Database on Administrative Violation Handling.

5. The process of updating information on administrative violation handling into the National Database on Administrative Violation Handling shall be carried out as follows:

a) The department responsible for receiving and updating information of the agency specified in Clause 2 of this Article, within one (1) working day from the date of receipt of the information as prescribed in Clause 2; Points e, g, and i of Clause 3; Points e, g, and i of Clause 4 of Article 9 of this Decree must digitize the incoming information according to the data entry forms and update the information into the National Database on Administrative Violation Handling;

b) Recheck the contents specified in Point a of this Clause before approving the information into the National Database on Administrative Violation Handling.

6. The Minister of Justice shall specify in detail the procedures for providing, receiving, and updating information into the National Database on Administrative Violation Handling.

Article 11. Correction, supplementation, and adjustment of information in the National Database on Administrative Violation Handling

Clause 1. Data in the National Database on Administrative Violation Handling shall be corrected or supplemented when errors, mistakes, or omissions are discovered.

The head of the agency specified in Clause 1, Article 10 of this Decree decides on the correction or supplementation of information provided by their own agency in the National Database on Administrative Violation Handling.

Clause 2. Data in the National Database on Administrative Violation Handling shall be adjusted when there is evidence to determine discrepancies in content between electronic data on administrative violation handling and files, documents on administrative violation handling being stored according to the law on archives.

The agency specified in Clause 1, Article 10 of this Decree must trace the original information on archival documents to determine accurate information and either correct it themselves or request the managing agency of the National Database on Administrative Violation Handling to make the adjustment as prescribed.

Article 12. Preservation of Electronic Data on Administrative Violation Handling

Electronic data on administrative violation handling shall be retained for a long time except for information about the violator specified in Point a of Clauses 1, 3, and 4 of Article 9 of this Decree that has exceeded the period considered as not having been administratively violated according to Articles 7 and 137 of the Law on Administrative Violation Handling.

Article 13. Ensuring Safety of the National Database on Administrative Violation Handling

Clause 1. Use encrypted channels and user authentication for the following activities: system management login, application login, automatic data transmission between servers, data entry and editing.

Clause 2. Encrypt and secure the transmission routes and information in the National Database on Administrative Violation Handling.

Clause 3. Apply measures to ensure the authenticity and integrity of data in the National Database on Administrative Violation Handling.

Clause 4. Implement logging of creation, modification, deletion of data information to serve management and monitoring of the system.

Clause 5. Implement other necessary measures to ensure safety for the National Database on Administrative Violation Handling.

Article 14. Management of the National Database on Administrative Violation Handling Administration Account

The Ministry of Justice shall manage the administration account of the National Database on Administrative Violation Handling as follows:

Clause 1. Issue and revoke the administration account of the National Database on Administrative Violation Handling.

Clause 2. Limit, review, and check the administrative rights of agencies or individuals authorized to manage the National Database on Administrative Violation Handling.

Article 15. Maintenance and Upgrading, Development of the National Database on Administrative Violation Handling

Clause 1. The Ministry of Justice shall maintain the National Database on Administrative Violation Handling as follows:

Point a. Ensure the technical infrastructure and environment for installation and operation of the National Database on Administrative Violation Handling;

Point b. Implement physical and environmental security measures at the Electronic Data Center of the National Database on Administrative Violation Handling;

Point c. Implement backup and disaster recovery measures to ensure the ability to restore data in case of natural disasters or unauthorized alteration, change, deletion, or destruction of data;

Point d. Implement maintenance, repair, and service measures to ensure continuous operation of the National Database on Administrative Violation Handling for 24 hours every day.

Clause 2. The Ministry of Justice periodically reviews and proposes plans to upgrade and develop the technical infrastructure and software of the National Database on Administrative Violation Handling to meet practical requirements.

Section 2

EXPLOITATION AND USE

NATIONAL DATABASE FOR ADMINISTRATIVE VIOLATION HANDLING

Article 16. Exploitation and Use of the National Database on Administrative Violation Handling

1. Forms of exploitation and use of the National Database on Administrative Violation Handling include:

a) Connecting through computer networks with the National Database on Administrative Violation Handling;

b) Online information search on the electronic portal prescribed by the Ministry of Justice;

c) Requesting documents.

2. Subjects eligible to exploit and use the National Database on Administrative Violation Handling include:

a) The subjects specified in Article 2 of this Decree;

b) State agencies, civil servants, public officials, and other relevant personnel directly involved in administrative violation handling work;

c) State power agencies performing supervisory functions over administrative violation handling work have the right to request and be provided with information for supervisory activities according to the provisions of the law;

d) Organizations subject to fines and individuals subject to administrative violation handling are provided with information about their own administrative violation handling when requesting a document and must pay fees as prescribed.

3. The Minister of Justice shall specify in detail the exploitation and use of the National Database on Administrative Violation Handling.

Article 17. Connection with Other National Databases

The National Database on Administrative Violation Handling is connected to:

1. The National Population Database according to the guidelines of the managing agency to use original citizen information.

2. The National Enterprise Registration Database according to the guidelines of the managing agency to use basic enterprise information.

3. The National Legal Database to use information from legal normative documents on administrative violation handling.

Article 18. Data Connection, Integration, and Information Access in the National Database on Administrative Violation Handling

1. Principles of data connection, integration, and information access in the National Database on Administrative Violation Handling:

a) The management agency of the National Database on Administrative Violation Handling only allows information access to specialized databases that are connected to the National Database on Administrative Violation Handling to perform assigned functions, tasks, and powers;

b) Other specialized databases using administrative violation handling data when upgrading or building anew must ensure the capability to connect and integrate data with the National Database on Administrative Violation Handling;

c) Data connection, integration, and information access in the National Database on Administrative Violation Handling shall be carried out according to technical standards for applying information technology in state agencies.

2. Procedures for data connection, integration, and information access in the National Database on Administrative Violation Handling:

a) The head of the specialized database management agency sends a document requesting data connection, integration, and information access in the National Database on Administrative Violation Handling to the Ministry of Justice. In the document, clearly state the assigned functions, tasks, and powers, scope, method of connection and integration, purpose, and number of fields of information to be accessed;

b) The Minister of Justice decides on the method of connection, integration of data, and the number of shared information fields between the National Database on Administrative Violation Handling and the specialized database consistent with the scope of functions, tasks, and powers of the specialized database management agency.

Chapter III

RESPONSIBILITIES IN CONSTRUCTION, MANAGEMENT, EXPLOITATION AND USE

NATIONAL DATABASE FOR ADMINISTRATIVE VIOLATION HANDLING

Article 19. Responsibilities of the Ministry of Justice in building, managing, operating, and using the National Database on Administrative Violation Handling

1. The Ministry of Justice shall be responsible before the Government for building, managing, operating, and using the National Database on Administrative Violation Handling, with the following tasks and authorities:

a) Submit to the Government for issuance or issue within its competence normative legal documents on the National Database on Administrative Violation Handling;

b) Build, manage, and maintain the National Database on Administrative Violation Handling, ensuring technical infrastructure conditions for the National Database on Administrative Violation Handling to operate stably and continuously;

c) Develop and submit

d) Uniformly guide procedures for providing, receiving, updating information, operating, and using the National Database on Administrative Violation Handling;

đ) Adequately allocate material resources and human resources for building, managing, and maintaining the National Database on Administrative Violation Handling;

e) Train and guide officers and civil servants under the agencies specified in Clause 1, Article 10 of this Decree on skills for updating information and operating and using the National Database on Administrative Violation Handling; train and guide officers and civil servants under the agencies specified in Clauses 6 and 7, Article 2 of this Decree on skills for operating and using the National Database on Administrative Violation Handling;

g) Take the lead and coordinate with the Ministry of Information and Communications to build and issue within their competence technical standards for the National Database on Administrative Violation Handling;

h) Perform other tasks assigned by the Government.

2. The agency managing the National Database on Administrative Violation Handling under the Ministry of Justice shall take the lead and coordinate with relevant agencies and units to assist the Minister of Justice in performing the tasks and authorities stipulated in Clause 1 of this Article.

Article 20. Responsibilities of Ministries and Agencies Equivalent to Ministries in Building, Managing, Operating, and Using the National Database on Administrative Violation Handling

1. Within their functions and tasks, Ministries and Agencies Equivalent to Ministries shall have the following tasks and authorities:

a) Direct the organization of information updates and be responsible for the accuracy and completeness of information and data; ensure safe connection and data integration with the National Database on Administrative Violation Handling built and managed by the Ministry of Justice;

b) Take the lead or coordinate with the Ministry of Justice to train and enhance professional skills for officers and civil servants under the agencies specified in Clause 1, Article 10 of this Decree within their sectoral management scope on skills for providing, receiving, updating information, and for officers and civil servants under the agencies specified in Clauses 6 and 7, Article 2 of this Decree on skills for operating and using the National Database on Administrative Violation Handling;

c) Adequately allocate material resources and human resources to ensure coordination in building, managing, and maintaining the National Database on Administrative Violation Handling;

d) Ensure the security of administrative accounts for the National Database on Administrative Violation Handling provided.

2. The Ministry of Finance shall be responsible for ensuring funding for information updates, training on usage, and maintenance and operation of the National Database on Administrative Violation Handling at Ministries and Agencies Equivalent to Ministries.

3. The Ministry of Planning and Investment shall be responsible for allocating state budget funds for constructing, expanding, and upgrading the National Database on Administrative Violation Handling; coordinate with the Ministry of Justice to implement the connection between the National Enterprise Registration Database and the National Database on Administrative Violation Handling.

4. The Ministry of Public Security shall be responsible for coordinating with the Ministry of Justice to implement the connection between the National Population Database and the National Database on Administrative Violation Handling.

5. The Ministry of Information and Communications shall be responsible for building a system of central information connections and supporting access to the National Database on Administrative Violation Handling.

Article 21. Responsibilities of the Supreme People's Court in building, managing, exploiting, and using the National Database on Administrative Offense Handling as prescribed by the Law on Administrative Offense Handling.

The Supreme People's Court shall perform the following tasks within its scope of duties and powers:

1. Provide information on administrative offense handling work as stipulated in Clause 4, Article 17 of the Law on Administrative Offense Handling.

2. Direct lower-level People's Courts to provide information on administrative offense handling as stipulated in Clause 6, Article 17 of the Law on Administrative Offense Handling.

3. Direct the organization of information updates and ensure the accuracy and completeness of all information and data; ensure secure connections and integration with the National Database on Administrative Offense Handling.

4. Ensure the security of the management account for the National Database on Administrative Offense Handling that has been assigned.

5. Take the lead and coordinate with the Government to issue normative legal documents prescribing the management, exploitation, and use of the National Database on Administrative Offense Handling within their authority.

Article 22. Responsibilities of the Provincial People's Committees in building, managing, exploiting, and using the National Database on Administrative Offense Handling

Within their functions and tasks, the Provincial People's Committees shall have the following responsibilities and powers:

1. Direct the organization of information updates and be responsible for the accuracy and completeness of all information and data; ensure secure connections and integration with the National Database on Administrative Offense Handling.

2. Lead or coordinate with the Ministry of Justice to train and enhance the skills of officials and civil servants of agencies specified in Clause 1, Article 10 of this Decree in their localities in providing, receiving, updating information, and the skills of officials and civil servants of agencies specified in Clauses 6 and 7, Article 2 of this Decree in their localities in exploiting and using the National Database on Administrative Offense Handling.

3. Ensure the security of the management account for the National Database on Administrative Offense Handling that has been assigned.

4. Allocate regular funds for activities, invest in material infrastructure, and human resources to ensure cooperation in building, managing, and maintaining the National Database on Administrative Offense Handling.

5. Ensure funding for updating information, training usage, and maintaining and operating the National Database on Administrative Offense Handling at agencies and units under their jurisdiction in their localities.

Article 23. Responsibilities of state agencies and individuals in providing and updating information for the National Database on Administrative Offense Handling

1. Strictly comply with the provisions of this Decree and the guidance of the Minister of Justice in providing, receiving, and updating information for the National Database on Administrative Offense Handling.

2. Ensure the completeness, accuracy, and timeliness of the information they update; promptly correct and supplement information in the National Database on Administrative Offense Handling as prescribed in Articles 9, 10, and 11 of this Decree.

Article 24. Responsibilities of agencies, organizations, and individuals in exploiting and using the National Database on Administrative Offense Handling

1. Strictly comply with the provisions of this Decree and the guidance of the Minister of Justice in exploiting and using the National Database on Administrative Offense Handling.

2. Use information from the National Database on Administrative Offense Handling for the intended purpose, serving state management work on administrative offense handling and combating violations of laws.

Chapter IV

IMPLEMENTING PROVISIONS

Article 25. Effective Date

This Decree takes effect from May 15, 2016.

Article 26. Responsibility for Implementation

1. The Minister of Justice shall organize the implementation within the scope of their functions, tasks, and powers; guide, inspect, and urge the enforcement of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of provincial and centrally-run city People's Committees, and related agencies are responsible for enforcing this Decree./.