Circular No. 28/2022/TT-BGTVT on the management, maintenance, sharing, and ensuring the security of traffic inspection data for transportation vehicles

CIRCULAR

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

Based on the Cybersecurity Law November 19, 2015;

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

Pursuant to the Law on Access to Information dated April 6, 2016;

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

Based on Decree No. 47/2020/NĐ-CP dated April 9, 2020 of the Government on managing, connecting, and sharing digital data of state agencies.quản lý, kết nối và chia sẻ dữ liệu số của cơ quan nhà nước.

Decree No. 56/2022/NĐ-CP dated 24 the 8 Pursuant to Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government on assigning tasks, procurement or tendering for the supply of products and services using state budget from regular operating expenses;22 của Chính phủ quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Bộ Giao thông vận tải;

At the proposal of Director of the Information Technology Center Circular amending and supplementing some articles of Circular No. 19/2018/TT-BGTVT dated April 19, 2018, issued by the Minister of Transport stipulating standards for railway inspection officers and requirements for material and technical facilities of organizations conducting railway inspections.

The Minister of Transport issues this Circular stipulating on management, maintenance, sharing, and ensuring information security for traffic vehicle inspection data transport transportation.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

a) This Circular stipulates activities related to creation, updating, management, maintenance, connection, sharing, use, and ensuring information security for traffic vehicle inspection data under the jurisdiction of the Ministry of Transport;

b) This Circular does not regulate aircraft data.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

a) Organizations, individuals creating, updating, managing, maintaining, connecting, sharing, and using traffic vehicle inspection data;

b) Organizations, individuals receiving shared, connected traffic vehicle inspection data;

c) Other organizations, individuals related to the activities of connecting, sharing, and using traffic vehicle inspection data.

Article 2. Interpretation of Terms

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

1. Traffic transport vehicles (hereinafter referred to as vehicles) include motor vehicles, special-purpose motorcycles, ships, inland waterway vessels, railway transport vehicles.

2. The Ministry of Transport's integrated data platform is a platform serving the connection and sharing of information systems and databases within the Ministry of Transport and between the Ministry of Transport and other ministries, sectors, and localities.

3. The data management agency for traffic vehicle inspections is the Vietnam Vehicle Inspection Agency.

Article 3. Principles for creating, updating, managing, maintaining, connecting, sharing, using, and ensuring information security for traffic vehicle inspection data

1. Compliance with regulations on protecting state secrets; regulations on ensuring cybersecurity; regulations on ensuring the security of information systems according to levels.

2. Management of connections and data sharing shall comply with the provisions of Articles 5, 6, and 7 of Decree No. 47/2020/NĐ-CP dated April 9, 2020 of the Government on managing, connecting, and sharing digital data of state agencies.

3. Ensuring the completeness and accuracy of data to serve the management and use of traffic vehicle inspection data.

4. Consistent with the Vietnamese Electronic Government Architecture Framework, the Ministry of Transport's Electronic Government Architecture.

5. Compliance with regulations on information security; regulations on intellectual property rights related to data; privacy rights of organizations and individuals.

6. Compliance with technical regulations and guidelines on data exchange, application of information technology in state agencies.

Chapter II

CREATION, UPDATE, INTEGRATION OF TRAFFIC VEHICLE INSPECTION DATA

Article 4. Traffic vehicle inspection database

1. The traffic vehicle inspection database is a collection of data related to vehicles created during the implementation of inspection, testing, and certification procedures for safety and environmental protection of motor vehicles, special-purpose motorcycles, ships, inland waterway vessels, railway transport vehicles.

2. Minimum information in the traffic vehicle inspection database includes:

a) Information on road motor vehicles as specified in Appendix I attached to this Circular;

b) Information on special-purpose motorcycles as specified in Appendix II attached to this Circular;

c) Information on ships as specified in Appendix III attached to this Circular;

d) Information on inland waterway vessels as specified in Appendix IV attached to this Circular;

e) Information on railway transport vehicles as specified in Appendix V attached to this Circular.

Article 5. Creation, updating, and integration of vehicle inspection data

1. Inspection, testing, and certification units for technical safety and environmental protection of vehicles shall create and update data after completing inspection, testing, issuing certificates, and registration files through software managed uniformly and granted usage rights by the vehicle inspection data management agency. In cases where ships are inspected abroad, the creation and updating of data shall be completed within no more than three (03) working days from the date the inspector returns to the unit.

2. Vehicle inspection data, once created and updated, shall be integrated into the vehicle inspection database by the vehicle inspection data management agency within no more than one (01) working day.

Chapter III

MANAGEMENT AND MAINTENANCE OF VEHICLE INSPECTION DATA

Article 6. Information System for Vehicle Inspection Data

1. The information system for vehicle inspection data is an information technology system comprising information technology infrastructure, software, and the vehicle inspection database.

2. Roles and functions of the information system for vehicle inspection data

a) Centralized management of vehicle inspection data throughout the country;

b) Provision of support functions for the creation, updating, connection, and sharing of vehicle inspection data.

3. The vehicle inspection data management agency and the units creating and updating vehicle inspection data shall ensure:

a) Information systems and network connection infrastructure suitable for the creation, updating, management, connection, and sharing of vehicle inspection data;

b) Tools and measures to protect and verify data during the connection and sharing of vehicle inspection data;

c) Technical conditions and other resources serving the creation, updating, connection, and sharing of vehicle inspection data.

Article 7. Funding for construction, maintenance, upgrading, management, and operation of the information system for vehicle inspection data

Funding for the construction, maintenance, upgrading, management, and operation of the information system for vehicle inspection data shall be guaranteed by state budget funds and other lawful sources in accordance with the provisions of the law.

Article 8. Ensuring Information Security

1. Agencies, organizations, and individuals participating in the activities of creating, updating, managing, maintaining, connecting, sharing, and using vehicle inspection data shall be responsible for ensuring information security for the information system for vehicle inspection data.

2. Information security assurance must be appropriate to the tasks, authorities, and legitimate interests of related organizations and individuals as stipulated by law.

3. The vehicle inspection data management agency shall propose the security level documentation for the information system and implement the security assurance plan according to the approved level in accordance with Decree No. 85/2016/NĐ-CP dated July 1, 2016 of the Government on ensuring information system security at different levels.

Chapter IV

CONNECTION, SHARING, AND USE OF VEHICLE INSPECTION DATA

Article 9. Objects and Methods of Connecting and Sharing Vehicle Inspection Data

1. The vehicle inspection data management agency shall connect and share vehicle inspection data to serve the state management work of the sector into the shared database of the Ministry of Transport.

2. Recipients of provided and shared vehicle inspection data

a) Agencies serving state management work;

b) Legal owners or managers of vehicles as prescribed by law;

c) Other organizations and individuals upon request.

3. The information in the vehicle inspection database that is provided and shared shall be the information specified in Clause 2 of Article 4 of this Circular.

4. Methods of data sharing

a) Through the Ministry of Transport's data integration and sharing platform;

b) Direct connection between the information system for vehicle inspection data and the information system of the organization using the data;

c) Online information retrieval on the website of the vehicle inspection data management agency;

d) Provision of textual information.

Article 10. Implementation of connection, sharing, and use of vehicle inspection data

1. Sharing of vehicle inspection data through the integrated and shared data platform of the Ministry of Transport. The agencies specified in point a, Clause 2, Article 9 of this Circular, if they have a need to use vehicle inspection data, shall submit a written request to the agency managing vehicle inspection data, clearly stating the purpose of use, the list of information to be shared, the method of connection, and the frequency of data usage. Based on the request, the agency managing vehicle inspection data will decide to share the data; coordinate with the agency managing the integrated and shared data platform of the Ministry of Transport to establish the connection; grant access rights and provide technical guidance for the connection. In case of disagreement, a written response must be provided with clear reasons stated.

2. Sharing of vehicle inspection data through direct connection between the vehicle inspection data information system and the information system of organizations using the data. Organizations specified in points b and c, Clause 2, Article 9 of this Circular, if they have a need to use vehicle inspection data, shall submit a written request to the agency managing vehicle inspection data, clearly stating the purpose of use, the list of information to be shared, the method of connection, and the frequency of data usage. Based on the request, the agency managing vehicle inspection data will decide to share the data; grant access rights and provide technical guidance for the connection. In case of disagreement, a written response must be provided with clear reasons stated.

3. Sharing of vehicle inspection data through online information lookup on the electronic information website of the agency managing vehicle inspection data. Subjects specified in Clause 2, Article 9 of this Circular have the right to look up information about their owned or legally managed vehicles on the electronic information website of the agency managing vehicle inspection data without needing an account or password. If agencies specified in point a, Clause 2, Article 9 of this Circular require an account, password, and access address, they shall submit a written request to the agency managing vehicle inspection data, clearly stating the purpose of use and the information required to be shared. Based on the request, the agency managing vehicle inspection data will decide to share the data; grant an account, password, and access address. In case of disagreement, a written response must be provided with clear reasons stated.

4. Sharing of vehicle inspection data through provision of textual information

a) Agencies, organizations, and individuals specified in Clause 2, Article 9 of this Circular, if they have a need to use vehicle inspection data, shall submit a written request to the agency managing vehicle inspection data or the unit conducting inspection, testing, and safety certification for vehicles, clearly stating the purpose of use and the information required to be shared. Based on the request, the agency managing vehicle inspection data or the unit conducting inspection, testing, and safety certification for vehicles will provide textual information within their authority.

b) Organizations and individuals specified in points b and c, Clause 2, Article 9 of this Circular, when receiving textual information, must pay actual costs for printing, copying, photographing, and sending the information according to Circular No. 46/2018/TT-BTC dated May 14, 2018, of the Minister of Finance detailing actual costs for printing, copying, photographing, and sending information as stipulated in Clause 2, Article 12 of the Law on Access to Information.

Article 11. Suspension, Termination of Connection, and Data Sharing on Electronic Environment

1. The data management agency for vehicle inspection shall suspend connection and data sharing in the following cases:

a) Upgrading, expanding, maintaining information systems, and information infrastructure;

b) Force majeure causing interruption to connection and data sharing or affecting the operation of information systems and data security;

c) Organizations or entities connected to and sharing vehicle inspection data using such data beyond the intended purpose and scope specified in the data connection and sharing request;

d) The connection from organizations or entities connected to and sharing vehicle inspection data is determined to pose a risk to security and safety.

2. The data management agency for vehicle inspection shall terminate connection and data sharing in the following cases:

a) The connection cannot be restored due to an incident or objective conditions that the data management agency for vehicle inspection cannot continue to maintain data sharing;

b) Organizations, entities, or individuals connected to and sharing vehicle inspection data no longer have a need to continue connecting and using the data;

c) At the request of the competent authority in accordance with relevant laws.

Chapter V

IMPLEMENTATION

Article 12. Responsibilities of the Data Management Agency for Vehicle Inspection

1. Building, maintaining, upgrading, managing, and operating the information system for vehicle inspection data.

2. Establishing category data in the vehicle inspection database.

3. Training staff for organizations and individuals responsible for creating, updating, maintaining, and managing the vehicle inspection database.

4. Inspecting the creation, update, connection, and sharing of vehicle inspection data.

5. Receiving and resolving issues arising during the process of connection, sharing, and using vehicle inspection data.

6. Suspending and terminating the sharing and connection of vehicle inspection data according to Article 11 of this Circular.

Article 13. Responsibilities of Units Creating and Updating Vehicle Inspection Data

1. Timely creating and updating vehicle inspection data as stipulated in Article 5 of this Circular.

2. Ensuring confidentiality and security of information during the process of creating, updating, and using vehicle inspection data.

3. Using information in the vehicle inspection database when conducting inspections, checks, and technical safety and environmental protection certifications to ensure consistency.

4. Promptly notifying and coordinating with the data management agency for vehicle inspection to resolve issues arising during the process of creating, updating, and using data.

5. Providing vehicle inspection data created and updated by themselves through the method prescribed in point d, Clause 4, Article 9 of this Circular upon request.

Article 14. Responsibilities of Organizations, Entities, and Individuals Connected to and Sharing Vehicle Inspection Data

1. Using and ensuring the confidentiality of data within the stated purpose and scope in the data connection and sharing request; complying with the provisions of this Circular and related laws.

2. Ensuring confidentiality and properly using the account, password, connection method, and access address provided by the data management agency for vehicle inspection.

3. Promptly notifying and coordinating with the data management agency for vehicle inspection regarding issues arising during the process of connection, sharing, and using data.

4. Not sharing vehicle inspection data provided to third parties without permission from the data management agency for vehicle inspection.

Article 15. Effective Date

1. Enterprises, organizations, and individuals may choose to apply either Amendment No. 1:2017 to National Technical Regulation No. 1:2015/BKHCN and National Technical Regulation No. 1:2015/BKHCN or National Technical Regulation No. 01:2022/BKHCN for gasoline, diesel fuel grades 2, 3, and 4 produced, blended, imported, and distributed from February 1, 2023 to June 15, 2023.

2. In cases where legal regulations referred to in this Circular are amended, supplemented, or replaced, they shall be implemented according to the provisions of the amended, supplemented, or replacing legal regulations.

Article 16. Responsibility for Implementation

The Director of the Ministry's Office, the Director of the Vietnam Vehicle Inspection Bureau, the Director of the Information Technology Center, the Heads of units, and related organizations and individuals are responsible for implementing this Circular.