Circular No. 20/2016/TT-BTNMT on the construction, exploitation, and use of databases on marine and island resources and environment

CIRCULAR

REGULATIONS ON THE CONSTRUCTION, EXPLOITATION AND USE OF DATABASES

OF MARINE AND ISLAND ENVIRONMENTAL RESOURCES

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

BASED ON THE GOVERNMENT DECREE NO. 21/2013/NĐ-CP OF MARCH 4, 2013 ON THE FUNCTIONS, TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT;về nhiệm vụ và cơ cấu tổ chức của Bộ Tài nguyên và Môi trường;

PURSUANT TO THE PROPOSAL OF THE GENERAL DEPARTMENT OF VOCATIONAL EDUCATIONDirector General of the Vietnam Marine and Island Administration, Head of the Legal Department,

The Minister of Natural Resources and Environment promulgates this Circular on the construction, exploitation and use of databases of marine and island environmental resources.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Circular regulates the construction, exploitation, and use of databases on marine and island resources and environment.

Article 2. This Circular applies to agencies, organizations, and individuals involved in the construction, exploitation, and use of databases on marine and island resources and environment.

Article 2. Interpretation of Terms

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

1. Raw data on marine and island environmental resources are original data on marine and island environmental resources that have been collected but not processed through any editing or standardization phase.

2. A database of marine and island environmental resources is a collection of raw data on marine and island environmental resources that have been classified, inspected, evaluated, processed, integrated, digitized, standardized according to national standards, and systematically organized and stored in electronic file formats.

Article 3. Budget for constructing, managing, exploiting, and using databases on marine and island resources and environment

Clause 1. The budget for constructing and managing databases on marine and island resources and environment shall be guaranteed by the state budget and other sources as prescribed by law.

Clause 2. Organizations and individuals exploiting and using databases on marine and island resources and environment must pay fees as prescribed by law on fees and charges.

Chapter II

CONSTRUCTION OF DATABASES OF MARINE AND ISLAND ENVIRONMENTAL RESOURCES

2. Databases of marine and island environmental resources must be consistent and synchronized from central to local levels; they must be open; ensure smooth and timely exchange, sharing, and provision of data among sectors and levels; ensure convenient access and extraction for linking and integrating between databases; be updated and maintained regularly and fully.

Article 4. Principles for constructing databases on marine and island resources and environment

Point 1. To promptly serve state management work and meet socio-economic development requirements, ensuring national defense and security.

3. Data on marine and island environmental resources must be collected comprehensively, accurately, systematically, and promptly; before being updated into the database, they must be classified, inspected, evaluated, processed, integrated, digitized, and standardized.

4. Databases of marine and island environmental resources must be strictly managed, ensuring information security, long-term storage, protection of state secrets; ensuring convenience for exploitation and use, facilitating activities on the internet environment.

5. Databases of marine and island environmental resources must be constructed in accordance with the national information system architecture, meeting the database standards, national technical regulations on information technology applications, and other provisions, procedures, norms, technical standards, and economic-technical norms issued by competent state agencies.

1. The Vietnam Marine and Island Administration is responsible for assisting the Ministry of Natural Resources and Environment in constructing the national database of marine and island environmental resources.

Article 5. Responsibilities for building and managing marine and island natural resources and environmental databases

3. The Department of Natural Resources and Environment is the specialized agency responsible for assisting the People's Committee of coastal provinces and centrally-administered municipalities (hereinafter referred to collectively as the People's Committee of coastal provinces) in constructing the database of marine and island environmental resources at the local level.

Article 6. Building marine and island natural resources and environmental databases

3. The process of constructing databases of marine and island environmental resources shall be carried out in accordance with the provisions of Circular No. 26/2014/TT-BTNMT dated May 28, 2014, issued by the Minister of Natural Resources and Environment on Procedures and Economic-Technical Norms for Constructing Databases of Natural Resources and Environment.

Article 7. Collecting data on marine and island natural resources and environment

2. The Vietnam Marine and Island Administration leads and coordinates with units under the Ministry of Natural Resources and Environment to assist the Ministry of Natural Resources and Environment in collecting data on marine and island environmental resources.

4. The Department of Natural Resources and Environment leads and coordinates with departments and sectors to assist the People's Committee of coastal provinces in collecting data on marine and island environmental resources within their administrative management scope.

Article 8. Supplying data for building the database on marine and island resources and environment

1. Responsibilities for supplying data on marine and island resources and environment:

c) Units under Ministries and equivalent agencies shall be responsible for supplying data on marine and island resources and environment to specialized agencies under Ministries;

đ) The specialized agency under the ministry is responsible for providing data on marine and island environmental resources related to the administrative management scope of marine and island environmental resources in the province or centrally-administered municipality with coastlines to the Department of Natural Resources and Environment of that locality.

h) Organizations and individuals shall be responsible for providing natural resource and environmental data on the sea and islands collected through state budget funds or originating from the state budget to the agency managing the database on natural resources and the environment on the sea and islands.

2. The data provided shall be the entire original data that has been classified, inspected, evaluated, processed, integrated, digitized, and standardized according to the Framework of the Database on Natural Resources and the Environment on the Sea and Islands. The data provision document must have the signature of the head of the data-providing agency and be stamped with confirmation, specifying the origin of the data. For organizational or individual data, the data provision document must have the signature of the individual or the head of the organization.

3. Forms of supplying data:

Data supply shall be carried out through electronic network transmission or paper-based transmission (through administrative mail or postal service).

4. Time limit for supplying data:

a) The provision of various types of data as specifically stipulated in legal documents on natural resources and the environment on the sea and islands or the provision of data upon request of competent state agencies shall be carried out strictly in accordance with the prescribed regulations and requirements;

b) The frequency and time for supplying data through electronic network transmission shall be carried out in accordance with the provisions, procedures, technical regulations, and standards set by the managing agency of the database;

5. Managing agencies of databases and related organizations and individuals shall be responsible for the legality, accuracy, and truthfulness of the data they supply.

6. Connecting and sharing data between databases:

a) Connecting and sharing data between databases shall be carried out in accordance with national technical standards for information technology applications in state agencies;

Article 9. Storage and Ensuring Safety of Marine and Island Resources and Environment Database

The retention period for data storage is established for each type of data according to the laws on archiving and Circular No. 11/2013/TT-BTNMT dated May 28, 2013, issued by the Minister of Natural Resources and Environment, which stipulates the preservation period for specialized natural resource and environmental records and documents.

2. Ensuring database safety:

a) Using encrypted channels and user authentication for activities such as system administration login; application login; automatic data transmission between server systems; data entry and editing;

b) Encrypting database communication channels;

c) Applying measures to ensure data authenticity and integrity within the database;

d) Implementing logging of data creation, modification, and deletion activities to support system management and monitoring;

e) Establishing and maintaining backup systems to ensure continuous system operation.

3. The agency managing the database must implement measures for management, operations, and technical aspects of the information system to ensure data security, access data security, and data security during transmission; data confidentiality; protection, recovery of systems, services, and data content against natural or human-caused risks; computer and network safety. Data in the database, data during transmission, and backup data must be protected using data encryption solutions.

5. The database on natural resources and the environment on the sea and islands must be backed up into data storage systems and devices periodically every month and annually to prevent data loss or damage during management, exploitation, and use. Monthly backup data must be stored for at least one year; annual backup data must be permanently retained and stored in at least two locations.

Article 10. Information Technology System for Marine and Island Resources and Environment Database

1. Operating systems software, system software, application software for building, managing, exploiting, and using the database on natural resources and the environment on the sea and islands must be unified to ensure smooth integration, exchange, and sharing of data.

2. Network infrastructure uses dedicated data transmission networks of Party and State agencies, wide area networks of the natural resources and environment sector, or data transmission networks of service providers.

3. Information technology infrastructure for the database on natural resources and the environment on the sea and islands includes a system of servers, workstations, data storage systems, networking equipment, peripheral devices, and other supporting devices must comply with national standards and technical regulations on the application of information technology in state agencies as stipulated by laws on information technology.

Chapter III

EXPLOITATION AND USE OF DATABASE

OF MARINE AND ISLAND ENVIRONMENTAL RESOURCES

Article 11. Principles for Exploitation and Utilization of Marine and Island Resources and Environmental Database

1. To promptly serve state management tasks; to meet requirements for socio-economic development; to ensure national defense and security.

2. Data provided for exploitation and utilization must be complete and accurate within the prescribed time frame and content requirements.

3. Exploitation and utilization of the database must be in accordance with its intended purpose and be effective.

4. The exploitation and utilization of the database must comply with financial obligations as stipulated.

5. Must adhere to regulations on protecting state secrets.

Article 12. Forms of Exploitation and Utilization of Marine and Island Resources and Environmental Database

1. Through dedicated networks; through electronic information portals or websites of the database management agency (hereinafter referred to collectively as through electronic networks).

2. Through contractual forms.

3. Through request forms or written requests for data provision.

Article 13. Exploitation and Utilization of Marine and Island Resources and Environmental Database Through Electronic Networks and Contractual Forms

1. The exploitation and use of the database through electronic networks can only be implemented when the requested data can be transmitted through the electronic network and the database management agency has the necessary conditions to provide data through the electronic network. In cases where laws specify the exploitation and use of the database on natural resources and the environment on the sea and islands through electronic networks for specific data, such legal provisions shall apply; if there are no such legal provisions, the provisions of this Article, Clauses 2 and 3 shall apply.

2. Exploitation and utilization of the database through electronic networks shall be conducted in the following ways:

a) Providing one-time access codes;

b) Directing access addresses to download data;

c) Sending attached files via email.

3. Organizations and individuals requiring the exploitation and use of the database shall enter the information specified in Points a, b, c, and d of Clause 2 of Article 14 of this Circular into the form on the interface of the electronic network of the database management agency.

The agency managing the database shall be responsible for reviewing the requests for exploitation and use of the database from organizations and individuals. If the requested information is incomplete, the database management agency shall send feedback information to the organization or individual to guide the supplementation of information within three working days from the date of receipt of the request. If the data provision is refused, the database management agency must send notification information clearly stating the reasons to the organization or individual.

Where the requested information is valid, the database management agency shall provide data to organizations and individuals within the time limits specified in Points b and c of Clause 5 and as stipulated in Clause 6 of Article 14 of this Circular.

The database management agency shall provide specific technical guidance on accessing and using the database through electronic networks, and publicly announce such guidance on its official website or electronic information portal. Accessing and using the database via electronic networks must comply strictly with the provisions of the Law on Electronic Transactions, the Law on Information Technology, the Law on Cybersecurity, and other relevant laws.

4. The exploitation and utilization of the database through contractual forms shall be carried out according to the agreement between the database management agency and the organization or individual requiring access and use of the database, in accordance with civil law and other relevant laws.

Article 14. Exploitation and utilization of databases on natural resources, marine environment, and islands through request forms or written requests

1. The exploitation and utilization of the marine and island resources and environment database through request forms or data provision requests shall be conducted in accordance with the specialized laws. In cases where specialized laws have not provided for such matters, they shall be implemented in accordance with the provisions of this Article.

2. Organizations requiring access and use of the database shall submit a request document, while individuals shall submit a request form to the database management agency. The request document from organizations must bear the signature of the head of the organization and be stamped for confirmation. The request form from individuals must bear the signature of the person requesting access and use of the database. Request documents and forms must include the following main contents:

b) List and content of required data;

c) Purpose of exploiting and utilizing the data;

d) Form of exploitation and utilization of the data, method of receiving results.

The number of written requests or request forms is one copy.

When collecting data directly from the database management agency, organizations must present an introduction letter; individuals must present their national identity card, citizen identity card, personal passport, or certified copies thereof.

4. The database management agency shall be responsible for receiving request documents and forms for accessing and utilizing the database. If the request documents and forms are incomplete in terms of the contents prescribed in Clause 2 of this Article, the database management agency shall guide the organization or individual to supplement the missing information within three working days from the date of receipt of the request documents and forms. In cases where the requested data does not fall under the agency's responsibility to provide, the database management agency must notify the organization or individual.

5. Upon receipt of valid written requests or request forms from organizations or individuals, the database management authority shall provide data to the organizations or individuals requesting the exploitation and utilization of the database:

a) For data that can be provided immediately, organizations or individuals may directly read, view, listen, record, copy, photograph documents or be provided with immediate copies or photographs of documents;

b) For simple data, the database management agency must provide data to organizations and individuals within the latest period of five working days from the date of receipt of valid request documents or forms.

c) For complex data requiring time for review, search, copying, extraction, and compilation from the database, the database management agency must provide data to organizations and individuals within the latest period of twenty days from the date of receipt of valid request documents or forms. In cases where the content of the request is overly complex and voluminous, the database management agency must provide data to organizations and individuals within the latest period of thirty-five days from the date of receipt of valid request documents or forms.

d) In cases where data provision is refused, the database management authority must issue a written response clearly stating the reasons.

6. The provision of marine and island resources and environment data in cases where financial obligations must be fulfilled shall be carried out after the organization or individual requesting data has fully discharged their financial obligations as prescribed.

Article 15. Publication and Disclosure of Marine and Island Resources and Environmental Data

1. The list of marine and island resources and environment data shall be published on mass media, official websites, or electronic information portals of ministries, ministerial-level agencies, and provincial People's Committees with coastal areas.

The list of marine and island resources and environmental data includes a list of data accompanied by instructions on access methods, managing authorities of the database, and storage locations.

3. Data on marine and island resources and environment must be disclosed in accordance with the Law on Access to Information and other relevant laws to ensure citizens' right to access information.

Article 16. Rights and Responsibilities of Authorities, Organizations, and Individuals in Exploiting and Using Marine and Island Resources and Environmental Databases

1. The authority managing the marine and island resources and environmental databases has the following rights and responsibilities:

a) Develop and submit to the Minister, Head of a ministerial-level agency, or Provincial People's Committee with coastal areas detailed regulations on the authority to provide, scope, level, and subjects eligible to exploit and utilize the data on marine and island resources and environment managed by them;

b) Announce and disclose data; provide data to organizations and individuals in accordance with the regulations; refuse requests for data that contravene this Circular and other relevant laws;

c) To provide complete, accurate, and timely data; to correct or supplement data when inaccuracies or incompleteness are discovered in provided data;

d) Ensure convenient access for organizations and individuals; provide user-friendly search tools that yield accurate results; update data regularly and promptly; guide and support organizations and individuals in accessing, exploiting, and utilizing the database on the official website or electronic information portal;

đ) To comply with laws on state secrets protection;

e) To charge fees for exploitation and use of data in accordance with regulations.

2. Organizations and individuals exploiting and using marine and island resources and environmental databases have the following rights and responsibilities:

a) Be entitled to receive complete, accurate, and timely data in accordance with this Circular and other relevant laws; promptly inform the database management agency of any errors in the data received.

b) Exploit and use the database for the intended purpose; only provide data to third parties that have been provided to oneself in cases where there is an agreement or permission from the managing authority of the database in accordance with the laws on intellectual property rights and related laws; comply strictly with the provisions of the law on protecting state secrets; be responsible for violations caused by the exploitation and use of the database;

c) Access at the correct address and access code; must not disclose the address and access code that have been granted; only exploit and use data within the scope provided, without illegally intruding into the database; must not alter, delete, destroy, copy, disclose, display, or improperly move part or all of the database; must not create or disseminate malicious software that disrupts, alters, or damages the database;

d) To pay fees for exploitation and use of data and actual costs for printing, copying, photographing, and sending data via postal services or fax (if applicable);

đ) To have the right to lodge complaints, initiate lawsuits, or report violations of their rights to exploit and use the database according to the law.

Chapter IV

IMPLEMENTING PROVISIONS

Article 17. Effective Date

This Circular takes effect from October 10, 2016.

Article 18. Responsibility for Implementation

2. Heads of relevant agencies, organizations, and individuals shall be responsible for implementing this Circular.