CIRCULAR

Provisions on collection information, data on natural resources and the environment

for storage, preservation, publication, provision, and use

Pursuant to Decree No. 36/2017/NĐ-CP dated March 4, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

Pursuant to Decree No. 73/2017/NĐ-CP dated June 14, 2017 of the Government on the collection, management, exploitation, and use of natural resources and environmental information and data;

At the proposal of the Director of the Information Technology and Environmental Resource Data Department and the Head of the Legal Department;

The Minister of Natural Resources and Environment issues this Circular providing detailed provisions on the collection of natural resources and environmental information and data for storage, preservation, publication, provision, and use.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 1. This Circular provides detailed provisions on Clause 5, Article 10 of Decree No. 73/2017/NĐ-CP dated June 14, 2017 of the Government on the collection, management, exploitation, and use of natural resources and environmental information and data (hereinafter referred to as Decree No. 73/2017/NĐ-CP).

Article 2. This Circular does not apply to natural resources and environmental information and data classified as state secrets.

Article 2. Applicability

1. Agencies, organizations, and individuals conducting activities related to the collection, management, exploitation, and use of natural resources and environmental information and data within the territory of the Socialist Republic of Vietnam.

2. Ministries, agencies at the ministerial level, and government agencies related to the work of collecting, managing, exploiting, and using natural resources and environmental information and data (hereinafter collectively referred to as ministries and sectors) and People's Committees at all levels.

Article 3. Explanation of Terms

1. List of natural resources and environmental information and data refers to the enumeration of objects of natural resources and environmental information and data for the implementation of collection, storage, preservation, publication, provision, and use activities.

2. Description of natural resources and environmental information and data refers to the content describing the attributes of natural resources and environmental information and data.

3. Catalogue of natural resources and environmental information and data refers to a condensed part of the description of natural resources and environmental information and data, published for the purpose of facilitating search, retrieval, exploitation, and use of natural resources and environmental information and data.

4. Unit performing tasks related to natural resources and environmental information and data refers to the unit designated by the competent authority with the function, task, or assigned the task of collecting, managing, storing, and providing natural resources and environmental information and data according to the field or area.

5. Central unit of natural resources and environmental information and data of ministries and sectors, provincial People's Committees (hereinafter collectively referred to as provincial-level People's Committees) refers to the agency entrusted with managing natural resources and environmental information and data of ministries and sectors, provincial-level People's Committees.

Article 4. Requirements for the collection and management of natural resources and environmental information and data

1. Collecting comprehensively and accurately evaluating natural resources and environmental information and data.

2. Managing, storing, preserving, and building databases ensuring long-term use and security of natural resources and environmental information and data.

3. Publishing, providing, exploiting, and using conveniently and promptly for all subjects in accordance with the law.

Chapter II

COLLECTION OF INFORMATION AND DATA ON NATURAL RESOURCES AND THE ENVIRONMENT

Article 5. Establishing plans for collecting information and data on natural resources and the environment

1. Principles for establishing plans for collecting information and data on natural resources and the environment

a) Ensuring timely service to state management work and meeting requirements for socio-economic development, national defense, and security;

b) Ensuring that collected data is accurate, complete, and systematic;

c) Integrating with activities according to functions and tasks without overlapping or duplicating tasks;

d) Ensuring effective, feasible implementation, and cost-saving;

2. Bases for developing plans

2. Bases for establishing plans for collecting information and data on natural resources and the environment

a) Requirements of state management work on natural resources and the environment and requirements for socio-economic development, national defense, and security;

b) In accordance with provisions of regulatory legal documents;

c) According to assigned functions, tasks, and authorities;

d) Programs, projects, plans, research topics, and tasks approved by competent authorities;

đ) The list of information and data on natural resources and the environment specified in Appendix I issued together with this Circular serves as the basis for implementing work on collecting, managing, publishing, providing, and using information and data on natural resources and the environment.

3. A plan for collecting information and data on natural resources and the environment includes the following basic contents:

a) Objectives and requirements for collecting and updating information and data on natural resources and the environment;

b) Volume of information and data on natural resources and the environment to be collected;

c) Content of work for collecting information and data on natural resources and the environment;

d) Products from collecting information and data on natural resources and the environment;

đ) Implementation plan and human resources;

e) Organizational implementation;

COLLECTION OF LABOR MARKET INFORMATION

4. Ministries, sectors, provincial People's Committees shall submit their annual plans for collecting information and data on natural resources and the environment, which have been approved, to the Department of Information Technology and Natural Resources and Environmental Data, Ministry of Natural Resources and Environment for consolidation, monitoring, and management.

Article 6. Forms of collecting information and data on natural resources and the environment

1. Forms of collecting information and data on natural resources and the environment include:

a) Submitting information and data on natural resources and the environment;

b) Collecting and updating descriptions of information and data on natural resources and the environment;

c) Receiving information and data on natural resources and the environment provided or donated by organizations and individuals to serve the common interests of the country.

2. Submitting information and data on natural resources and the environment

a) Agencies, organizations, and individuals using state budget funds to acquire, create, or produce such information and data on natural resources and the environment during their operations, as required by law, must submit them;

b) Procedures for receiving submitted information and data on natural resources and the environment are stipulated in Article 7 of this Circular;

c) A certificate confirming the submission of products of information and data on natural resources and the environment is a mandatory document in the final settlement approval dossier as prescribed.

3. Collecting and updating descriptions of information and data on natural resources and the environment

a) Collecting and updating descriptions of information and data on natural resources and the environment at agencies and organizations currently storing and preserving such information and data within their management scope;

b) Details of descriptions of information and data on natural resources and the environment are specified in Appendix II issued together with this Circular;

c) Procedures for collecting and updating descriptions of information and data on natural resources and the environment are stipulated in Article 8 of this Circular.

Article 7. Procedure for receiving information and data on natural resources and the environment

The procedure for receiving information and data on natural resources and the environment submitted in accordance with Clause 2, Article 6 of this Circular shall be carried out in the following steps:

1. Preparing to receive submitted information and data

a) Determining the method, time, and location for receiving;

b) Preparing storage facilities and equipment for preservation and storage;

c) Determining the budget for implementation in accordance with regulations.

2. Receiving and inspecting submitted information and data

a) Receiving submitted information and data;

b) Inspecting the legality, format, quantity, and quality of the information and data.

3. Confirming received information and data

a) The receiving agency shall issue a receipt for the submission of information and data if the quantity and quality of the information and data meet the prescribed requirements;

b) The receiving agency shall request the submitting party to complete and resubmit the information and data if the content does not meet the prescribed quantity and quality requirements.

4. Establishing descriptions of information and data on natural resources and the environment and compiling an information and data directory

a) Establishing descriptions of information and data on natural resources and the environment in accordance with Article 8 of this Circular;

b) Compiling an information and data directory in accordance with Article 9 of this Circular.

5. Completing the reception of information and data and putting them into operation and use

a) Storing, preserving, and using the received information and data;

b) Utilizing descriptions and directories to serve management, storage, publication, search, provision, and use of information and data on natural resources and the environment.

c) Prepare reports and statistics as prescribed.

Article 8. Procedure for collecting and updating descriptions of information and data on natural resources and the environment

The procedure for collecting and updating descriptions of information and data on natural resources and the environment as stipulated in Clause 3, Article 6 of this Circular includes the following steps:

1. Preparing to collect and update descriptions

a) Surveying the current status of information and data;

b) Determining the method, time, and location for implementation;

c) Equipment and means for implementation;

d) Determining the budget for implementation in accordance with regulations;

đ) Notify relevant units and individuals to implement.

2. Implementing collection and updating of descriptions

a) Developing a form for the content of descriptions of information and data on natural resources and the environment in accordance with Appendix II attached to this Circular;

b) Collecting or updating according to the developed form; handling arising issues, adjusting and supplementing the form (if necessary);

c) Inspecting and confirming descriptions;

d) Entering and reconciling descriptions into digital format;

đ) Compiling an information and data directory in accordance with Article 9 of this Circular.

3. Submitting and using descriptions of information and data

a) Submitting descriptions of information and data (in digital and paper formats);

b) Updating descriptions of information and data onto the website/electronic portal to serve management, storage, publication, search, provision, and use.

c) Prepare reports and statistics as prescribed.

Article 9. Procedure for compiling an information and data directory on natural resources and the environment

1. Preparing to compile an information and data directory

a) Preparing descriptions of information and data;

b) Determining the implementation method;

c) Determining the budget for implementation in accordance with regulations.

2. Implementing compilation of an information and data directory

a) Selecting relevant descriptions of information and data to compile the information and data directory in detail as provided in Appendix III attached to this Circular;

b) Investigating and collecting additional directory information (if lacking).

3. Submitting and using the information and data directory

a) Submitting the information and data directory (in digital and paper formats);

b) Updating the information and data directory on natural resources and the environment onto the website/electronic portal to serve management, storage, publication, search, provision, and use;

c) Reporting and statistics in accordance with regulations.

Article 10. Construction and provision of information and data on natural resources and environment

Ministries, sectors, People's Committees of provinces shall direct the leading units on information and data on natural resources and environment:

1. To construct, update, and compile the list of information and data on natural resources and environment managed by ministries, sectors, and People's Committees of provinces;

2. To provide the list of information and data on natural resources and environment of their respective ministries, sectors, and People's Committees to the Ministry of Natural Resources and Environment before December 15 each year.

Article 11. Announcement of the list of information and data on natural resources and environment for searching, seeking, and providing usage

1. The list of information and data must be fully announced in accordance with Article 15 of Decree No. 73/2017/NĐ-CP. The announcement time is before December 31 each year and is regularly updated based on actual conditions.

2. The Ministry of Natural Resources and Environment shall announce the list of information and data on national natural resources and environment on the Ministry’s electronic portal.

3. Ministries, sectors, and People's Committees of provinces shall announce the list of information and data on natural resources and environment within their management scope on the electronic portal of their respective ministries, sectors, and People's Committees.

4. Units performing tasks related to information and data on natural resources and environment shall announce the list of information and data on natural resources and environment on their electronic portals, specialized information systems, and publications.

Article 12. Collection of information and data on natural resources and environment from organizations and individuals

1. Encourage organizations and individuals to provide descriptive information and the list of information and data on natural resources and environment as stipulated at point c, Clause 1, Article 6 of this Circular to the leading units on information and data on natural resources and environment, and to share such information and data with society. Organizations and individuals providing information as stipulated herein shall be confirmed by the receiving agency regarding the submission or donation of information and data.

2. Each year, the leading units on information and data on natural resources and environment of ministries, sectors, and People's Committees of provinces shall proactively propose the collection of information and data on natural resources and environment and facilitate the collection of descriptive information and the list of information and data on natural resources and environment from organizations and individuals.

Article 13. Information system for managing, providing, and exploiting information and data on natural resources and environment

1. Units managing information and data on natural resources and environment shall build and operate information systems, digitize, and establish databases serving professional management operations, storage, search, provision, and regular updates of information and data on natural resources and environment.

2. The information system for managing, providing, and exploiting information and data on natural resources and environment includes the following contents:

a) Descriptive information about information and data on natural resources and environment;

b) Professional management information serving storage, preservation, and exploitation of information and data on natural resources and environment;

c) Other related information.

3. Basic requirements and functions of the system include:

a) Storage management;

b) Management, preservation, provision, and utilization operations;

c) Announcement, search, and retrieval;

d) Statistics and reporting;

đ) Connection, integration, and interoperability with related information systems;

e) Ensuring system performance and information security.

Chapter III

RESPONSIBILITIES FOR IMPLEMENTATION OF INFORMATION AND DATA COLLECTION AND ANNOUNCEMENT ON NATURAL RESOURCES AND ENVIRONMENT

Article 14. Responsibilities of the Provincial People's Committees

1. Implement the provisions of Clause 1, Clause 2, and Clause 3 of Article 27 of Decree No. 73/2017/NĐ-CP and direct the Department of Natural Resources and Environment to implement:

a) Building an information system serving management, storage, search, and provision of information and data on natural resources and environment;

b) Compiling and announcing the list of information and data on natural resources and environment on the electronic portal of the provincial People's Committee and the Department of Natural Resources and Environment. Before December 15 each year, send the updated list (by year) of information and data on natural resources and environment to the Directorate of Information Technology and Environmental Resource Data, Ministry of Natural Resources and Environment for consolidation;

c) Report on the work of collecting and providing information and data on natural resources and environment as stipulated in Clause 3, Article 17 of this Circular.

2. Direct departments, agencies with information and data on natural resources and environment and People's Committees of districts, People's Committees of communes:

a) Coordinate with the Department of Natural Resources and Environment to submit information and data on natural resources and environment and collect and update descriptive information on information and data on natural resources and environment;

b) Report on the work of collecting and providing information and data on natural resources and environment to the Department of Natural Resources and Environment as stipulated in Clause 2, Article 17 of this Circular.

Article 15. Responsibilities of Ministries and Sectors with Information and Data on Natural Resources and Environment

1. Implement the provisions set forth in Clause 1 and Clause 2, Article 26 of Decree No. 73/2017/NĐ-CP.

2. Direct the focal units for information and data on natural resources and environment:

a) Collect information and data on natural resources and environment according to the annual tasks and plans that have been approved;

b) Develop and compile a list of information and data on natural resources and environment of the Ministry or Sector, and publish it on the Ministry’s or Sector’s website. Before December 15 each year, submit the updated list (by year) of information and data on natural resources and environment to the Department of Information Technology and Environmental Resource Data, Ministry of Natural Resources and Environment for consolidation;

c) Report on the work of collecting and providing information and data on natural resources and environment of the Ministry or Sector as stipulated in Clause 3, Article 17 of this Circular.

3. Direct subordinate units related to information and data on natural resources and environment:

a) Coordinate with the focal unit for information and data on natural resources and environment of the Ministry or Sector to hand over information and data on natural resources and environment and collect, update metadata about information and data on natural resources and environment according to the approved plan;

b) Report on the work of collecting and providing information and data on natural resources and environment as stipulated in Clause 2, Article 17 of this Circular.

Article 16. Subordinate Units of the Ministry of Natural Resources and Environment

1. Subordinate units of the Ministry of Natural Resources and Environment involved in collecting, publishing, and providing information and data on natural resources and environment shall be responsible for:

a) Collecting and receiving specialized information and data on natural resources and environment according to their functions, tasks, and assigned plans; building, integrating, processing, managing, and updating specialized databases on natural resources and environment for exploitation, provision, and use as assigned;

b) Developing and publishing a list of specialized information and data on natural resources and environment on their own websites and providing it to the Department of Information Technology and Environmental Resource Data for consolidation;

c) Reporting on the work of collecting and providing information and data on natural resources and environment as stipulated in Clause 4, Article 17 of this Circular.

2. The Department of Information Technology and Environmental Resource Data shall be responsible for:

a) Collecting and receiving comprehensive information and data on natural resources and environment according to its functions and assigned tasks; building, integrating, connecting, interlinking, managing, and updating databases on natural resources and environment for exploitation, provision, and use as assigned;

b) Receiving and consolidating lists of information and data on natural resources and environment from Ministries and Sectors, provincial People's Committees, and subordinate units of the Ministry of Natural Resources and Environment;

c) Building a system of information on lists of information and data on natural resources and environment at the national level and organizing its publication on the Ministry of Natural Resources and Environment’s website;

d) Reporting on the work of collecting and providing information and data on natural resources and environment of the Ministry of Natural Resources and Environment as stipulated in Clause 5, Article 17 of this Circular.

Article 17. Reporting Work

1. Before November 30 of each year, units performing tasks related to information and data on natural resources and the environment shall submit reports on their work in collecting and providing such information and data to the central unit responsible for information and data on natural resources and the environment.

2. Before December 15 of each year, the central unit responsible for information and data on natural resources and the environment shall report to ministries, sectors, provincial People's Committees on their work in collecting and providing such information and data within their respective areas of management, to be forwarded to the Ministry of Natural Resources and Environment (through the Department of Information Technology and Environmental Resource Data).

3. Before December 15 of each year, subordinate units under the Ministry of Natural Resources and Environment shall submit reports on their work in collecting and providing information and data on natural resources and the environment, as assigned, to the Department of Information Technology and Environmental Resource Data, Ministry of Natural Resources and Environment.

4. Before December 30 of each year, the Department of Information Technology and Environmental Resource Data shall compile and submit a report to the Ministry of Natural Resources and Environment on the national work in collecting and providing information and data on natural resources and the environment.

5. The format of the report on the work in collecting and providing information and data on natural resources and the environment is detailed in Appendix IV attached to this Circular.

Chapter IV

IMPLEMENTING PROVISIONS

Article 18. Effective Date

1. This Circular takes effect from February 8, 2019.

2. Repeal Circular No. 07/2009/TT-BTMT dated July 10, 2009, issued by the Minister of Natural Resources and Environment, detailing certain provisions of Decree No. 102/2008/NĐ-CP dated September 15, 2008, of the Government regarding the collection, management, exploitation, and utilization of environmental resource data.

Article 19. Implementation

1. The Director of the Department of Information Technology and Environmental Resource Data is responsible for guiding, monitoring, and inspecting the implementation of this Circular.

2. Ministries, ministerial-level agencies, government-affiliated agencies, provincial People's Committees; heads of subordinate units under the Ministry of Natural Resources and Environment; Directors of Provincial Departments of Natural Resources and Environment, and relevant organizations and individuals are responsible for implementing this Circular.

During the implementation process, if there are any difficulties, agencies, organizations, and individuals should reflect them to the Ministry of Natural Resources and Environment for appropriate amendments and supplements./.