Decision No. 28/2018/QD-TTg On Sending and Receiving Electronic Documents Among State Administrative Agencies

 

Pursuant to …;

ON THE ISSUE OF EXCHANGING ELECTRONIC DOCUMENTS BETWEEN AUTHORITIES IN THE NATIONAL ADMINISTRATIVE SYSTEM

Pursuant to the Law on Government Organization dated June 19, 2015;

On the basis of the Ordinance on Implementation of Democracy in Communes, Wards, and Towns dated April 20, 2007;

Pursuant to the Law on Electronic Transactions dated November 29, 2005;

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

Pursuant to the Law on Cybersecurity dated November 19, 2015;

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

Pursuant to Decree No. 26/2007/NĐ-CP dated February 15, 2007 of the Government detailing the implementation of the Law on Electronic Transactions regarding digital signatures and digital signature certification services; Decree No. 106/2011/NĐ-CP dated November 23, 2011 of the Government amending and supplementing certain articles of Decree No. 26/2007/NĐ-CP dated February 15, 2007; Decree No. 170/2013/NĐ-CP dated November 13, 2013 of the Government amending and supplementing certain articles of Decree No. 26/2007/NĐ-CP dated February 15, 2007 of the Government detailing the implementation of the Law on Electronic Transactions regarding digital signatures and digital signature certification services and Decree No. 106/2011/NĐ-CP dated November 23, 2011 of the Government;

Pursuant to Decree No. 85/2016/NĐ-CP dated July 1, 2016 of the Government on ensuring the security of information systems according to levels;

At the proposal of the Minister, Head of the Government Office;

The Prime Minister issues this Decision on exchanging electronic documents between authorities in the national administrative system.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decision stipulates the exchange of electronic documents through the connection and interconnection of document management and operation systems among authorities in the national administrative system.

2. This Decision does not apply to the exchange of electronic documents containing state secrets as provided for by law.

Article 2. Applicability

1. This Decision applies to ministries, ministerial-level agencies, government agencies, People's Committees at all levels, and subordinate units (hereinafter collectively referred to as ministries, sectors, localities).

2. Organizations not covered by Clause 1 of Article 7 of this Decision that are related to the activities of exchanging documents with ministries, sectors, and localities, if they meet the technical infrastructure and technology requirements for application, shall be implemented in accordance with the provisions of this Decision.

Article 3. Explanation of Terms

In this Decision, the following terms shall be understood as follows:

1. An electronic document is a data message in a format prescribed by competent state authorities, created or digitized from paper documents.

2. Exchanging electronic documents refers to the act of authorities in the national administrative system sending and receiving electronic documents through interconnected document management and operation systems using technical and technological solutions.

3. The National Document Interconnection Trunk is a technical and technological solution deployed from the Office of the Government to ministries, sectors, and localities to connect and interconnect the sending and receiving of electronic documents.

4. The sender is an authority in the national administrative system issuing an electronic document.

5. The recipient is an authority in the national administrative system receiving an electronic document.

Article 4. Legal value of electronic documents

1. An electronic document signed in accordance with the law and exchanged through the document management and operation system prescribed in this Decision has the same legal value as a paper document and replaces the exchange of paper documents.

2. An electronic document not covered by Clause 1 of this Article, when exchanged through the document management and operation system, has a value for information and reference purposes but does not replace the exchange of paper documents.

Article 5. Principles of exchanging electronic documents

1. The exchange of electronic documents must be carried out in accordance with the principles set forth in Article 5 of the Law on Electronic Transactions and comply with other legal provisions concerning the protection of state secrets, security, and information safety and archiving.

2. All electronic documents within the authority to issue and resolve by authorities in the national administrative system must be exchanged through the document management and operation system, except for cases specified in Clause 1 of Article 7 of this Decision.

3. Authorities in the national administrative system shall not issue paper documents to the Recipient after sending an electronic document, except for cases specified in Clause 2 of Article 7 of this Decision.

4. The Recipient has the right to refuse to accept an electronic document if it does not meet the principles and requirements for sending and receiving, and shall bear responsibility for such refusal, while the Recipient must inform the Sender through the document management and operation system or the National Document Interconnection Trunk for handling in accordance with regulations.

Article 6. Requirements for Sending and Receiving Electronic Documents

1. Electronic documents must be guaranteed to have authenticity regarding origin, integrity, information security, and data during sending, receiving, processing, and storage.

2. Electronic documents must be sent on the same day they are signed and issued, at the latest by morning of the next working day. Received electronic documents that ensure legal validity must be processed promptly without waiting for paper documents (if any).

In cases where electronic documents are urgent, they must be placed in priority mode with the level of urgency clearly stated, sent immediately after being digitally signed, and must be presented and transferred for processing right after receipt.

3. The status of sending, receiving, and processing electronic documents must be monitored and updated automatically within the document management and operation system.

4. Electronic documents must meet the requirements for format and presentation technique as prescribed by the Ministry of Home Affairs and for formatting as prescribed by the Ministry of Information and Communications.

5. Ensure technical infrastructure, technology, information security, and solutions for connecting and interlinking the document management and operation system.

Article 7. Types of Electronic Documents and Points of Sending and Receiving Electronic Documents

1. All electronic documents within the authority to issue and resolve by agencies in the state administrative system must be sent and received through the document management and operation system, except in cases where the sender or recipient has not met the requirements for technical infrastructure, technology, information security, and connection solutions for sending and receiving electronic documents.

2. Types of electronic documents sent along with paper documents

a) Documents sent to the Government and the Prime Minister according to the Working Regulations of the Government;

b) Documents according to the List decided by the head of ministries, sectors, localities outside those specified in point a, Clause 2, Article 2 of this Law and as prescribed by law.

3. Points of agencies and units sending and receiving electronic documents

a) The Office of the Government sends and receives electronic documents within the scope and authority of management of the Government, the Prime Minister, and the Minister, Head of the Office of the Government, and according to the Working Regulations, Regulations on Receipt, Processing, Issuance, and Management of Documents of the Office of the Government;

b) The Office of ministries, ministerial-level agencies, and agencies under the Government sends and receives documents within the scope and authority of management of the Minister, Head of the ministerial-level agency, and Head of the agency under the Government, and according to the Working Regulations, Regulations on Receipt, Processing, Issuance, and Management of Documents of the ministry, ministerial-level agency, and agency under the Government;

c) The People's Committee Office at provincial level sends and receives electronic documents within the scope and authority of management of the People's Committee and the Chairman of the People's Committee at provincial level, and according to the Working Regulations, Regulations on Receipt, Processing, Issuance, and Management of Documents of the People's Committee at provincial level.

Chapter II
PROCEDURE FOR SENDING AND RECEIVING ELECTRONIC DOCUMENTS

Article 8. Sending Electronic Documents

1. After being approved and signed for issuance and digital signature according to the law, electronic documents must be sent to the recipient through interconnected and interlinked document management and operation systems.

2. The sender is responsible for checking and monitoring to ensure that the electronic document is sent to the correct recipient. In cases of recalling an electronic document, the sender must notify the document management and operation system so that the recipient can handle the recalled electronic document.

Article 9. Receiving Electronic Documents

1. Prior to receiving, the recipient must check the completeness, integrity, and authenticity of the electronic document and proceed with receipt on the document management and operation system.

In cases where the principles and requirements for sending and receiving electronic documents are not met, the recipient must promptly provide feedback through the document management and operation system so that the sender is aware and can handle it according to regulations.

2. After receiving, the recipient processes and provides feedback on the status of processing the electronic document on the document management and operation system.

Upon receiving a notice to recall an electronic document, the recipient has the responsibility to cancel the recalled electronic document on the document management and operation system, and simultaneously notify the sender through the document management and operation system about the handling of the recalled electronic document.

Article 10. Content and Information Requirements of Electronic Documents

1. The information content of electronic documents sent and received on the document management and operation systems of ministries, sectors, and localities includes the content of the electronic document itself and all accompanying file and document contents.

2. The document management and operation systems of ministries, sectors, and localities must display the following information of electronic documents:

a) Identification code of the agency or organization:

Each ministry, equivalent ministry-level agency, government-affiliated agency, People's Committee at all levels, and affiliated agencies have an identification code when participating in sending and receiving electronic documents on the document management and operation system.

The structure of the agency or organization's identification code consists of 13 characters, divided into four groups of codes, with each group separated by a period:

- Level 1 Code: the code of the level 1 unit (ministry, equivalent ministry-level agency, government-affiliated agency, provincial People's Committee, centrally governed city People's Committee, etc.);

- Level 2, Level 3, Level 4 Codes: the codes of agencies and units under the level 1 unit, level 2 unit, and level 3 unit respectively;

b) Document identification code;

The structure of the document identification code includes:

- The identification code of the agency or organization as prescribed by law;

- The year of issuance of the document and the serial number of the document issued in that year;

c) Document number and symbol;

d) Date of the document;

đ) Type of document;

e) Summary of the document content;

g) Accompanying files and documents;

h) Processing status (arrived, received, forwarded for processing, being processed, completed, refused (returned), recalled, deleted...);

i) Position and name of the signatory;

k) Urgency level (urgent/super urgent/emergency);

l) Sender;

m) Recipient;

n) Sending and receiving time;

o) Processing deadline;

p) Document sending and receiving history;

q) Other information (if any).

Article 11. Aggregating Information on Sending and Receiving Electronic Documents

The aggregation and extraction of information and data on the situation and results of sending and receiving electronic documents among agencies in the state administrative system are automatically performed on the following systems:

1. The Government Office aggregates and extracts information and data on the situation of sending and receiving electronic documents from ministries, sectors, and localities through the National Document Interconnection Trunk and the document management and operation system of the Government Office;

2. The Ministry Office, equivalent ministry-level agency office, and government-affiliated agency office aggregate and extract information and data on the situation of sending and receiving electronic documents from subordinate units through their respective document management and operation systems;

3. The Provincial People's Committee Office aggregates and extracts information and data on the situation of sending and receiving electronic documents from specialized agencies under its jurisdiction and district and commune People's Committees through the local document management and operation system.

Chapter III
TECHNICAL INFRASTRUCTURE AND TECHNOLOGY

Article 12. Ensuring Technical Infrastructure

1. The National Document Interconnection Trunk shall be connected and integrated with the document management and operation systems of ministries, sectors, and localities through the Specialized Data Transmission Network of Party and State agencies (Specialized Data Transmission Network Level I).

2. The document management and operation systems of ministries, sectors, and localities must ensure technical infrastructure to connect with the National Document Interconnection Trunk.

Article 13. Ensuring Information Security

1. The managers of the National Document Interconnection Trunk and the document management and operation systems of ministries, sectors, and localities must determine, approve the level, and organize the implementation of information security assurance plans according to the levels for information systems under their management in accordance with the law.

2. The connection between the document management and operation systems of ministries, sectors, and localities with the National Document Interconnection Trunk must be encrypted and authenticated according to the standards on information security listed in the Directory of Technical Standards on Information Technology Applications in State Agencies as prescribed by the Ministry of Information and Communications.

Article 14. Ensuring Connection and Interconnection Solutions

1. Ministries, sectors, and localities must ensure connection and interconnection solutions for document management and operation systems with the National Document Interconnection Trunk in compliance with the regulations of the Ministry of Information and Communications; implement connections according to the guidance of the Government Office.

2. The document management and operation systems of ministries, sectors, and localities sending and receiving electronic documents through the National Document Interconnection Trunk shall use agency identification codes, document identification codes, and data packet formats, and provide feedback on document processing status according to the regulations of the Ministry of Information and Communications.

3. Information on the sending and receiving of electronic documents by ministries, sectors, and localities must ensure sharing and public disclosure on the document management and operation system and other information systems serving government direction and operation.

4. The time for sending and receiving electronic documents between the document management and operation systems of ministries, sectors, and localities must ensure consistency and synchronization according to Vietnam Standard Time (ISO 8601 Standard) and synchronize with the National Document Interconnection Trunk.

Chapter IV
IMPLEMENTATION

Article 15. Responsibilities of the Government Office

1. To take the lead and coordinate with ministries, sectors, localities, and related agencies in implementing and organizing the execution of the Decision; quarterly, it is responsible for compiling and reporting to the Government and the Prime Minister on the situation and results of implementing this Decision in the regular report on the situation and results of building the e-Government.

2. To take the lead and coordinate with ministries, sectors, and localities in constructing, managing, and operating the National Document Interconnection Trunk; guiding the connection of the document management and operation systems of ministries, sectors, and localities with the National Document Interconnection Trunk.

Article 16. Responsibilities of the Ministry of Information and Communications

1. To take the lead in guiding ministries, sectors, and localities on the use of agency identification codes, document identification codes, and data packet formats to serve the connection of document management and operation systems for sending and receiving electronic documents; uniformly manage the list of agency identification codes in the administrative state system for sending and receiving electronic documents; timely compile and update agency identification codes when there are changes in administrative units or organizational structures of agencies into the Common Electronic Catalog Management Information System for the development of the Vietnamese e-Government; accept registration, manage, guide, and inspect the conformity declaration of the document management and operation systems and the connection and interconnection systems of state agencies according to regulations.

2. To take the lead and coordinate with the Government Office and the Ministry of Public Security in supervising, inspecting, and evaluating information security for the National Document Interconnection Trunk; guiding ministries, sectors, and localities to ensure information security for the document management and operation systems of ministries, sectors, and localities according to regulations.

3. To ensure smooth and stable transmission of the Specialized Data Transmission Network Level I to meet requirements for sending and receiving electronic documents; develop plans for expanding the Specialized Data Transmission Network; support the network connection of ministries, sectors, and localities with the Specialized Data Transmission Network Level I.

Article 17. Responsibilities of the Ministry of Interior

1. Take the lead and coordinate with ministries, sectors, localities to amend, supplement, issue regulations within their authority or submit to competent authorities for issuance of documents on management and use of electronic documents.

2. Take the lead and coordinate with the Government Office and the Ministry of Information and Communications to issue Circulars stipulating procedures for exchanging, storing, processing electronic documents in archiving work, basic functions of the Electronic Document Management System during the handling of tasks by agencies and organizations, and Circulars stipulating data input standards and requirements for preserving electronic archival documents to be completed by 2018.

3. Take the lead and coordinate with the Government Office and the Ministry of Information and Communications to submit to the Government for issuance of a Decree to replace Decree No. 110/2004/NĐ-CP dated April 8, 2004 of the Government on archiving work to meet the requirements of handling case files in an online environment.

Article 18. Responsibilities of the Government Cryptographic Agency

1. Ensure timely and full provision of digital certificates to ministries, sectors, localities, civil servants, officials in state administrative agencies implementing sending and receiving of electronic documents according to the schedule specified in Article 21 of this Decision.

2. Study and propose to competent authorities to shorten new issuance, reissuance, and replacement procedures for digital certificates; implement solutions for signing and verifying digital signatures on mobile devices to facilitate usage by civil servants, officials in state administrative agencies.

3. Guide ministries, sectors, localities on solutions for integrating digital signatures and verifying digital signatures on the document management and operation system within the scope of assigned functions and tasks.

Article 19. Responsibilities of Ministries, Sectors, and Localities

1. Ministries, sectors, and localities shall be responsible for:

a) Developing and issuing Regulations on receipt, processing, issuance, and management of documents in accordance with this Decision and other relevant laws;

b) Ensuring technical infrastructure and connection solutions between the document management and operation system and the National Document Interconnection Trunk; applying technical solutions to enhance management, monitoring, and control in sending and receiving electronic documents to ensure information security and safety;

c) Developing and issuing, and promptly updating identification codes for subordinate agencies and units and submitting them to the Ministry of Information and Communications for unified management and public use nationwide;

d) Organizing the construction, upgrading, and implementation of the document management and operation system in accordance with this Decision, unifying the connection and interlinking of document management software of subordinate agencies and units to serve the sending and receiving of electronic documents among agencies in the state administrative system at the ministry, sector, and locality level.

In cases where ministries, sectors, and localities already have a unified document management and operation system, they shall implement interconnection with the National Document Interconnection Trunk.

e) Organizing management, regularly backing up electronic documents, and ensuring information security and safety during implementation.

2. Ministers, Heads of ministerial-level agencies, government agencies, Chairmen of provincial and centrally-administered city People's Committees, and Heads of related agencies shall direct the establishment and uniform application of a document management and operation system or organize interconnection and interlinking within each ministry, sector, and locality; develop plans for the application of digital signatures and a roadmap for using electronic documents towards replacing paper documents in management and task handling.

3. Allocate sufficient and timely funds in the annual budget plan; ensure maintenance and development of the document management system, internal network infrastructure, and interconnection with the National Document Interconnection Trunk.

4. Regularly inspect the implementation of this Decision at subordinate agencies and units; organize training on the use of the document management and operation system, widely disseminate and promote to enhance understanding and awareness of the benefits of sending and receiving electronic documents and applying digital signatures in state agency activities.

5. If difficulties arise during the implementation of this Decision, ministries, sectors, and localities shall promptly send them to the Government Office for consolidation and reporting to the Prime Minister for consideration and decision.

Article 20. Funding for Implementation

The funding for the implementation of this Decision shall be guaranteed by the State budget in accordance with the provisions of the law.

Chapter V
IMPLEMENTING PROVISIONS

Article 21. Transitional Provisions

1. The Government Office shall coordinate with ministries, sectors, and localities to meet the requirements of sending and receiving electronic documents under this Decision, organize the interconnection and interlinking of the document management and operation system with the National Document Interconnection Trunk, and conduct pilot sending and receiving of electronic documents as stipulated in this Decision to be completed before December 31, 2018, and officially apply from January 1, 2019.

For remaining ministries, sectors, and localities, they shall complete the interconnection and interlinking of the document management and operation system with the National Document Interconnection Trunk, ensuring completion of interconnection, interlinking, sending, and receiving of electronic documents as stipulated in this Decision before June 30, 2019.

2. Ministries, sectors, and localities that have not completed internal interconnection and interlinking of electronic documents shall be responsible for printing signed electronic documents from the document management and operation system, affixing seals for processing as paper documents according to regulations; complete internal interconnection and interlinking of electronic documents, and implement sending and receiving of electronic documents as stipulated in this Decision before June 30, 2020.

For the Ministry of Defense, it shall complete interconnection and interlinking of the document management and operation system with the National Document Interconnection Trunk at a single point (without internal interconnection) according to the schedule specified in Clause 1 of this Article.

3. Agencies and organizations specified in Clause 2 of Article 2 of this Decision shall cooperate with the Government Office and related ministries and sectors to organize the interconnection and interlinking of their own document management and operation systems with the National Document Interconnection Trunk.

Article 22. Effectiveness

1. This Decision takes effect from September 6, 2018.

2. The Minister, Heads of equivalent ministries, Heads of government agencies, Chairpersons of provincial People's Committees under the central government, and related agencies, organizations, units, and individuals shall be responsible for implementing this Decision.

3. The Government Office shall assist the Prime Minister in monitoring, urging, and inspecting the implementation of this Decision./