Circular No. 23/2013/TT-BGTVT on the provision, management, and use of data from vehicle tracking devices

CIRCULAR

Provisions on the provision, management, and use of data from

vehicle telematics devices

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On the basis of Decree No. 86/2012/NĐ-CP dated October 19, 2012, issued by the Government detailing and guiding implementation of certain provisions of the Metrology Law;

Pursuant to Decree No. 107/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Decree No. 91/2009/NĐ-CP dated October 21, 2009 of the Government on business and conditions for road passenger and cargo transport by motor vehicles; Decree No. 93/2012/NĐ-CP dated November 8, 2012 of the Government amending and supplementing certain articles of Decree No. 91/2009/NĐ-CP;

Pursuant to Decree No. 64/2007/NĐ-CP dated April 10, 2007 of the Government on the application of information technology in state agency activities;

At the proposal of the Director of the Department of Science and Technology and the General Director of the Vietnam Highway Administration,

The Minister of Transport issues this Circular to regulate the provision, management, and use of data from vehicle telematics devices.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates provisions on the provision, management, and use of data from vehicle telematics devices.

Article 2. Applicability

This Circular applies to transport businesses, units producing and importing vehicle telematics devices, and organizations and individuals related to the provision, management, and use of data from vehicle telematics devices throughout the country.

Article 3. Explanation of Terms

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

1. Information system: is a set of hardware, software, and communication networks used to collect, manage, and exploit data from vehicle telematics devices.

2. Transport business unit: is an enterprise, cooperative, or individual business participating in road passenger and cargo transport by motor vehicles with means of transport required to be equipped with vehicle telematics devices according to regulations on conditions for road passenger and cargo transport by motor vehicles.

3. Service provider: is a unit organizing the provision of services for managing, exploiting, consolidating, analyzing, and storing data from vehicle telematics devices according to contracts with transport business units.

Chapter II

PROVISION, MANAGEMENT AND USE OF DATA FROM

VEHICLE TELEMETRICS DEVICES

Article 4. Provisions on data provision

1. Requirements for data provision: data provision is divided into two types, including default identification information and continuously updated information about vehicle operations and drivers:

a) Default identification information includes: name of the transport business unit; name of the Department of Transportation (directly managing the transport business unit); license plate number of the vehicle; vehicle load capacity (number of passengers or tons allowed); type of business; driver's full name; driver's license number. These default information must be linked to continuously updated information about each vehicle and driver's activities.

b) Continuously updated information about vehicle operations and drivers includes: information about the vehicle's route; vehicle operating speed; number and duration of vehicle stops; number and duration of vehicle door openings and closings; continuous driving time, daily working hours of the driver.

2. Provided information and data must ensure completeness according to the structure specified in Appendix 1 of this Circular.

3. The content of continuously updated information and data about vehicle operations and drivers at point b, Clause 1 of this Article must be transmitted to the Vietnam Highway Administration with a frequency of 01 (one) minute/report.

4. Provided information and data must ensure timeliness and accuracy, and shall not be altered or distorted before and during transmission.

Article 5. Provisions on the use of data

1. Principles for exploitation and use of data:

a) Data exploitation from vehicle telematics devices is carried out in accordance with the Government's regulations on the application of information technology in state agency activities;

b) Data from vehicle telematics devices of vehicles is exploited and used to serve the management of transport activities by transport business units, state agencies responsible for transportation management, and traffic accident investigation by authorized agencies;

c) Information and data in the database from vehicle telematics devices on the network are secured in accordance with laws on information technology.

2. Purposes of using data by state management agencies:

a) To serve the management, inspection, and supervision of transport activities within localities and nationwide;

b) To monitor, correct, and handle violations by transport business units in localities and Departments of Transportation;

c) To serve the investigation and resolution of traffic accidents by authorized agencies when requested;

d) To serve the development of training programs for drivers;

e) To serve the evaluation and ranking of transport business units and Departments of Transportation in compliance with transport management regulations nationwide.

3. Purposes of using data at transport business units:

a) To serve the management and operation of transport business activities of the unit;

b) To manage and warn drivers when they violate; to monitor and correct driver activities;

c) To serve the training and education of drivers within the unit;

d) To serve the inspection and handling of driver violations within the unit;

e) To provide information to serve the investigation and resolution of traffic accidents by authorized agencies when requested.

Article 6. Forms of Data Exploitation

1. Direct Exploitation

Agencies, organizations, and individuals are permitted to exploit data from vehicle tracking devices on the Vietnam Highway Administration's electronic information website. The exploitation and use of data from vehicle tracking devices shall be carried out in accordance with regulations on security levels and usage permissions.

2. Indirect Exploitation

Depending on the level of security, usage permissions, and purpose, the Vietnam Highway Administration/Department of Transport will provide data from vehicle tracking devices to agencies, organizations, and individuals upon written request.

Chapter III

MANAGEMENT LEVELS AND RESPONSIBILITIES OF

AGENCIES AND UNITS

MANAGEMENT LEVELS AND RESPONSIBILITIES OF AUTHORITIES AND UNITS

1. The Vietnam Highway Administration manages the unified information system nationwide, consolidating incoming data transmitted from transport business units or service providers for analysis according to criteria such as total number of violations per vehicle per day, month, year; total number of violations per type of violation per vehicle; total number of violations per 1,000 kilometers for each vehicle. These analyzed data are compiled separately for each transport business unit and each Department of Transport; compiling violation situations along different routes and at various time points.

2. Departments of Transport implement the exploitation, management of information about vehicle license plates, vehicle load capacity (number of passengers or allowed tonnage), name of transport business units, and violation information regarding travel routes, operating speed, number and duration of stops, door opening and closing times, continuous driving time, and daily working hours of drivers through login accounts and passwords provided to access the Vietnam Highway Administration’s information system.

3. Transport business units manage data on vehicle license plates, vehicle load capacity (number of passengers or allowed tonnage), driver names, driver license numbers, and information on travel routes, operating speed, number and duration of stops, door opening and closing times, continuous driving time, and daily working hours of drivers for all vehicles under their management.

Article 8. Responsibilities of the Vietnam Highway Corporation

1. Invest in building the information system, managing, upgrading, maintaining hardware, software, and data transmission lines of the information system, exploiting, managing, and using data from vehicle tracking devices.

2. Develop software to receive, consolidate, and analyze data transmitted from transport business units and service providers according to the models specified in Appendices 2 to 11 of this Circular.

3. Provide specific guidance to transport business units and service providers on the methods and procedures for transmitting data to the Vietnam Highway Administration.

4. Exploit and use data from vehicle tracking devices on the Vietnam Highway Administration’s information system to serve state management in transportation activities:

a) Manage, inspect, and supervise transport activities nationwide;

b) Monitor, correct, and handle violations by transport business units under the Departments of Transport;

c) To serve the investigation and resolution of traffic accidents by authorized agencies when requested;

d) Serve the construction of training programs for drivers;

đ) Serve the evaluation and ranking of transport business units and Departments of Transport in compliance with transportation management regulations across the country.

5. Guide the use, update, exploitation, and management of the information system from vehicle tracking devices for staff of Departments of Transport; provide login names and passwords to access the Vietnam Highway Administration’s information system for Departments of Transport and related agencies and organizations.

6. Assign personnel to monitor and operate the information system, ensuring its continuous operation during the exploitation, management, and use of data from vehicle tracking devices.

7. Store on the Vietnam Highway Administration’s information system the aggregated violation data of vehicles for a minimum of three years; ensure data security and safety for the information system.

8. Require Departments of Transport to handle violations by drivers and transport business units within their jurisdiction; monitor and urge Departments of Transport to report results of handling.

9. Handle or propose competent authorities to handle responsibilities of Departments of Transport, transport business units, and related individuals and organizations as prescribed.

10. Regularly provide monthly analyzed and consolidated data on the Vietnam Highway Administration’s electronic information website. Report regularly quarterly, semi-annually, annually, or ad hoc as required by the Ministry of Transport on the situation of violations and handling results of agencies and units nationwide.

Article 9. Responsibilities of the Department of Transport

1. Exploit data from vehicle tracking devices of transport business units in local areas on the Vietnam Highway Administration’s information system to serve transportation management work:

a) Serve management, inspection, and supervision of transportation activities;

b) Monitoring, correcting, and handling violations in transportation activities by local transport businesses;

c) Serve the construction of training programs for drivers;

d) Serve the evaluation and ranking of local transport business units in compliance with transportation management regulations;

đ) Serve the investigation and resolution of traffic accidents by authorized agencies when requested.

2. Check, update, and ensure the accuracy of data transmitted from transport business units to the Vietnam Highway Administration for the exploitation and use of data from vehicle tracking devices, including: name of the Department of Transport; name of the transport business unit; vehicle license plate; vehicle load capacity (number of passengers or allowed tonnage); type of business of transport business units and the number of vehicles required to install vehicle tracking devices in the local area.

3. Assign personnel to monitor, exploit, and use data from vehicle tracking devices on vehicles managed by the Department of Transport.

4. Maintain the confidentiality of usernames and passwords for accessing the information system, exploit and use data from vehicle tracking devices on the Vietnam Highway Administration's information system.

5. Require transport businesses under local management to handle violations committed by drivers; monitor and urge units to report the results of handling.

6. Handle or propose competent authorities to handle the responsibility of transport businesses within their jurisdiction according to regulations.

7. Handle the responsibility of managing, monitoring, exploiting, and using data of related individuals and organizations according to regulations.

8. Report periodically every quarter, six months, annually, or at any time upon request of the Vietnam Highway Administration on the situation of violations and the results of handling violations in the locality and transport business units within their jurisdiction.

Article 10. Responsibilities of Transport Businesses

1. Invest in and maintain hardware, software, and data transmission lines located at the unit (if any) to ensure compatibility with the software receiving data of the Vietnam Highway Administration; arrange staff to monitor, exploit, and use data from vehicle tracking devices to serve management and operation activities of the unit.

2. Accurately, fully, and continuously transmit data as prescribed in Article 4 of this Circular to the Vietnam Highway Administration; exploit and use data from vehicle tracking devices of vehicles under the unit’s management throughout the business transport operations.

3. Ensuring objectivity, accuracy, and timeliness in providing data, without altering or distorting data transmitted to the Vietnam Highway Administration.

4. Monitor and check the accuracy of information about license plates, vehicle gross weight (number of seats or tons), type of business, driver's name, driver's license number of vehicles under the unit’s management.

5. Systematically store mandatory information for a minimum period of 01 (one) year.

6. Ensure data security and confidentiality for the information system from vehicle tracking devices at the unit.

7. Handling management, monitoring, exploitation, and utilization of data responsibilities for relevant individuals and departments according to regulations; promptly handling driver violations according to internal rules and regulations of the business.

8. Report periodically monthly, annually, or at any time upon request of the Department of Transport to report the results of handling violations at the unit; update the results of handling violations into the transport activity management software according to regulations.

9. The transport business unit may directly implement the provisions of Clause 2 and Clause 5 of this Article or entrust service provider units to perform through valid contracts.

Article 11. Responsibilities of Service Providers

1. Invest in and maintain equipment and software for providing and transmitting data according to signed contracts with transport business units to ensure compatibility with the software receiving data of the Vietnam Highway Administration.

2. Ensure objectivity, accuracy, and timeliness in providing data, not to alter or distort any information or data transmitted to the Vietnam Highway Administration; ensure the safety and confidentiality of data provided to transport business units.

3. Provide promptly and accurately information and data from vehicle tracking devices to competent state management agencies when requested; be responsible for the accuracy and truthfulness of the information and data provided and transmitted to the Vietnam Highway Administration.

Chapter IV

EFFECTIVE DATE AND IMPLEMENTATION

Article 12. Effective Date

This Circular takes effect from October 15, 2013.

Article 13. Implementation Organization

1. The Vietnam Highway Administration is responsible for guiding and implementing this Circular to provincial Departments of Transport and transport business units across the country.

2. The Director of the Ministry's Office, the Inspector General of the Ministry, Heads of Departments, the Director of the Vietnam Highway Administration, Directors of provincial Departments of Transport, Heads of agencies, organizations, and individuals related shall be responsible for enforcing this Circular./.