This Decree stipulates the provision of information and online public services by state agencies in the online environment. It includes contents such as management and supervision of the quality of information and online public service provision; responsibilities of the Ministry of Information and Communications, the Government Office, and related ministries and sectors; as well as provisions on technical infrastructure and ensuring cybersecurity. This Decree replaces Decree No. 43/2011/NĐ-CP from August 15, 2022.
Scope of application
Applies to state agencies, including ministries, ministerial-level agencies, government-affiliated agencies, provincial People's Committees under central cities, and their subordinate units.
Key points
- Management and supervision of the quality of information and online public service provision.
- Implement regular reporting on the situation of information and online public service provision.
- Ensure technical infrastructure and cybersecurity in the provision of information and online public services.
- Develop platforms and technical tools to facilitate state agencies in providing information and online public services in the online environment.
- Organize the implementation of this Decree at ministries, ministerial-level agencies, government-affiliated agencies, and provincial People's Committees under central cities.
🌐 Social impact of this document
- Improve the quality of information and online public service provision by state agencies.
- Enhance efficiency in managing and supervising the activities of information and online public service provision.
- Ensure cybersecurity when conducting online transactions with state agencies.
❓ Frequently asked questions
Which Decree does this Decree replace?
Decree No. 43/2011/NĐ-CP dated June 13, 2011, of the Government on the provision of information and online public services on the electronic information portal or e-government gateway of state agencies.
When does this Decree take effect?
This Decree takes effect from August 15, 2022.
Full text
|
THE GOVERNMENT |
SOCIALIST REPUBLIC OF VIET NAM |
|
Number: 42/2022/NĐ-CP |
Hanoi, June 24, 2022 |
DECREE
Regulations on the provision of information and online public servicesby state agencies on the internet environment
Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;
Pursuant to the Law on Information Technology dated June 29, 2006;
||| Pursuant to the Cybersecurity Law dated November 19, 2015;
Pursuant to the Law on Access to Information dated April 6, 2016;
At the proposal of the Minister of Information and Communications;
The Government issues this Decree to regulate the provision of information and online public services by state agencies on the internet environment.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Decree regulates the provision of information and online public services by state agencies on the internet environment.
Article 2. Applicability
1. Ministries, ministerial-level agencies, agencies under the Government; General Departments, Bureaus, and equivalent agencies; People's Committees of provinces and centrally governed cities; specialized agencies under the People's Committees of provinces and centrally governed cities; People's Committees of districts, towns, townships, and centrally governed cities within provinces and centrally governed cities (hereinafter collectively referred to as People's Committees at district level); People's Committees of communes, wards, and townships under districts, towns, townships, and centrally governed cities within provinces and centrally governed cities (hereinafter collectively referred to as People's Committees at commune level).
2. Organizations and individuals participating in the provision and use of information and online public services of state agencies on the internet environment in accordance with the law.
3. Other agencies and organizations voluntarily applying the provisions of this Decree.
Article 3. Explanation of Terms
In this Decree, the following terms are understood as follows:
1. An electronic portal is the point of access for agencies on the internet environment, linking and integrating various information channels, services, and applications through which users can exploit, utilize, and personalize the display of information.
2. The managing agency of an electronic information website or electronic portal is the state agencies specified in Clause 1, Article 2 of this Decree (hereinafter referred to as the managing agency).
3. A ministry-level or provincial-level data gateway is the central point of access to information and data on the internet environment serving the publication of open data, provision of information on data sharing among state agencies within the ministry or province; providing documents, services, tools, and applications for processing and exploiting data published by state agencies within the ministry or province.
4. Administrative public service is a service related to law enforcement activities, not aimed at profit, provided by authorized state agencies to organizations and individuals in the form of legal documents or notifications of results in areas managed by such state agencies.
Each administrative public service is linked to one or more administrative procedures to resolve specific matters related to organizations and individuals.
5. Online public services of state agencies are administrative public services and other services of state agencies provided to organizations and individuals on the internet environment.
6. Transaction participants are state agencies, organizations, and individuals involved in transactions of online public services.
7. Non-interactive electronic forms are administrative procedure forms (application forms, declaration forms) formatted and stored as electronic files for downloading and filling out.
8. Interactive electronic forms are administrative procedure forms presented as computer applications (typically web-based applications) for organizations and individuals to provide and exchange information and data when using online public services of state agencies.
9. The channel for providing information and online public services of state agencies on the internet environment (hereinafter referred to as the provision channel) is an internet communication channel determined and managed by state agencies to control the provision of information and online public services to organizations and individuals.
10. The monitoring and measurement system for the degree of provision and use of digital government services is a system established by the Ministry of Information and Communications to measure, evaluate, monitor, and manage the provision and effective use of information and online public services by state agencies.
11. Metadata are descriptions of data characteristics such as content, format, quality, conditions, and other features to facilitate the process of searching, accessing, managing, and storing data.
12. The public digital signature certification service connection portal, built by the Ministry of Information and Communications, is an information system connecting to organizations providing public digital signature certification services and organizations providing special-purpose government digital signature certification services.
Chapter II
PROVISION OF INFORMATION BY STATE AGENCIESON THE INTERNET ENVIRONMENT
Article 4. Information provided on the online environment
1. State agencies shall publicly provide on the online environment information to organizations and individuals in accordance with the Law on Access to Information and the Law on Information Technology, ensuring the provision of the following information:
a) Legal normative documents and administrative management documents within their authority to promulgate or to be assigned to draft, including: form of the document, issuing authority, number and code, date of issuance, effective date, summary, downloadable file, and search tool for the document.
The provision of legal normative document information must comply with legal regulations and ensure consistency with the National Database of Legal Documents or the Official Gazette of the Socialist Republic of Vietnam.
b) International treaties to which the Socialist Republic of Vietnam is a member, international agreements to which Vietnam is a party.
d) Information disseminated to guide the implementation of laws, systems, and policies in areas under the management of state agencies.
đ) Strategies, programs, projects, proposals, plans, and development master plans for the national and local economy and society; sectoral and field planning and methods and results of implementation; annual work programs of state agencies, including:
- Ministries, ministerial-level agencies, agencies under the Government, General Departments, Bureaus, and equivalent agencies, and specialized agencies under provincial People's Committees and centrally-administered city People's Committees shall provide information on strategies, plans, and sectoral and field planning within their authority nationwide. Specialized agencies under provincial People's Committees and centrally-administered city People's Committees shall provide information on strategies, plans, and sectoral and field planning within their authority locally.
- Provincial People's Committees, centrally-administered city People's Committees, and district People's Committees shall provide information on strategies, plans, and development master plans for the economy and society within their jurisdiction.
- The publication of planning information shall follow the Law on Planning.
- Information on the list of investment projects, programs and their implementation results, public procurement, management and use of public investment funds, and sources of loans as stipulated by law.
e) Information about functions, tasks, powers, organizational structure, and organizational chart of the agency and its subordinate units; address, phone number, fax number, email address of state agencies; full name, position, place of work, official email address, and phone number of officials and civil servants responsible for contact.
- For ministries, ministerial-level agencies, agencies under the Government, General Departments, Bureaus, and equivalent agencies, and specialized agencies under provincial People's Committees and centrally-administered city People's Committees, they must ensure information on organizational charts, organizational structures, functions, and tasks of the agency and subordinate units; a brief history of the formation and development of the agency; a brief biography and responsibilities of the leadership of the agency.
- For provincial People's Committees, centrally-administered city People's Committees, and district People's Committees, they must ensure information on administrative organizational structures, administrative boundary maps down to commune level, natural conditions, history, cultural traditions, historical sites, scenic spots; a brief biography and responsibilities of the leadership of the agency.
g) Annual financial reports published in accordance with the Accounting Law; statistical information on sectors and fields managed in accordance with the Statistics Law; information on the list and results of scientific programs and topics in accordance with the Science and Technology Law; information on disease control in accordance with the Law on Prevention and Control of Infectious Diseases.
h) A list of information that must be disclosed, specifying the address, form, time, and deadline for disclosure for each type of information.
i) Other information that must be publicly disclosed according to the law.
2. In addition to the information specified in Clause 1 of this Article, state agencies may provide other information within their authority.
3. Information provided by state agencies on the online environment must be updated promptly upon any changes.
Article 5. Information Provision Channels
1. The electronic information website or the Government Portal of state agencies (hereinafter referred to collectively as the Government Portal of state agencies) is the unified and centralized channel for state agencies to provide information on the internet environment.
2. Based on specific conditions, state agencies implement other information provision channels as follows for organizations and individuals on the internet environment:
a) Ministry-level and provincial-level data portals
The ministry-level data portal integrates with the National Data Portal and is a component of the ministry's, ministerial-level agency's, or government-affiliated agency's Government Portal; the provincial-level data portal integrates with the National Data Portal and is a component of the People's Committee of the province or centrally-administered city's Government Portal.
b) Social networks permitted by state agencies to provide information on the internet environment in accordance with the law.
c) Email.
d) Mobile applications permitted by state agencies to provide information on the internet environment, implemented centrally and uniformly within the scope of ministries, sectors, and localities to provide state agency information on the internet environment, avoiding duplication.
đ) Hotline telephone.
3. State agencies announce information provision channels on the internet environment. These channels must meet the following requirements:
a) Ensuring convenience across various access devices, including mobile devices.
b) Allowing organizations and individuals to evaluate online their satisfaction with the provided information. State agencies ensure the confidentiality and privacy of organizations and individuals providing evaluations.
c) Ensuring cybersecurity; applying standards and technologies to support people with disabilities in accessing and using information and communication products and services; complying with technical standards for providing information on the internet environment.
d) The Ministry of Information and Communications guides standards to support people with disabilities in accessing and using information and communication products and services; providing information on the internet environment.
4. Organizations and individuals have the right to choose channels provided by state agencies to access and use state agency information on the internet environment and are responsible for complying with regulations regarding the use of information on the internet environment.
Article 6. Government Portal of State Agencies
1. The Government Portal of ministries, ministerial-level agencies, government-affiliated agencies, provincial People's Committees, and centrally-administered city People's Committees is the official and centralized channel for state agencies to provide information within the scope of ministries, sectors, and localities on the internet environment. Departments and units under ministries, ministerial-level agencies, and government-affiliated agencies; specialized agencies under provincial People's Committees and centrally-administered city People's Committees; district People's Committees; commune People's Committees if they have electronic information websites must be components of the Government Portal of ministries, ministerial-level agencies, government-affiliated agencies, provincial People's Committees, and centrally-administered city People's Committees.
2. The Government Portal of the Government serves as the central point for connecting information on directives and management by the Government on the internet environment; provides guidance on business operations, integrates information with the Government Portals of ministries, ministerial-level agencies, government-affiliated agencies, and provincial and centrally-administered city People's Committees.
3. The Government Portals of ministries, ministerial-level agencies, government-affiliated agencies, provincial People's Committees, and centrally-administered city People's Committees connect and integrate with the Government Portal of the Government, the Monitoring and Measurement System for the Degree of Service Provision and Usage of Digital Government Services.
4. The domain name for accessing the Government Portal of state agencies uses the national domain name "vn" and applies Internet Protocol version 6 (IPv6) technology, adhering to the following rules:
a) For ministries, ministerial-level agencies, and government-affiliated agencies, use a third-level domain name format: tenbonganh.gov.vn, where tenbonganh is the abbreviated or full name without accents in Vietnamese or the abbreviated name in English of the ministry, ministerial-level agency, or government-affiliated agency according to the regulations of the Ministry of Foreign Affairs.
Departments under ministries, ministerial-level agencies, and government-affiliated agencies use a fourth-level domain name format: tendonvi.tenbonganh.gov.vn, where tendonvi is the abbreviated or full name without accents in Vietnamese or in English of the department under the ministry, ministerial-level agency, or government-affiliated agency.
b) For provincial and centrally-administered city People's Committees, use a third-level domain name format: tentinhthanh.gov.vn, where tentinhthanh is the full name without accents in Vietnamese of the province or centrally-administered city.
The Ho Chi Minh City People's Committee uses the domain name for access as: hochiminhcity.gov.vn.
Specialized agencies under provincial and centrally-administered city People's Committees use a fourth-level domain name format: tencoquan.tentinhthanh.gov.vn, where tencoquan is the abbreviated or full name without accents in Vietnamese or in English of the specialized agency.
c) For district People's Committees, use a fourth-level domain name format: tenquanhuyen.tentinhthanh.gov.vn, where tenquanhuyen is the full name without accents in Vietnamese of the district, town, or city under the province or centrally-administered city.
d) For commune People's Committees, use a fifth-level domain name format: tenphuongxa.tenquanhuyen.tentinhthanh.gov.vn, where tenphuongxa is the full name without accents in Vietnamese of the commune, ward, or town.
5. Ministries, ministerial-level agencies, and government-affiliated agencies; provincial and centrally-administered city People's Committees are responsible for supplementing and changing domain names for access in accordance with Clause 4 of this Article.
6. Ministries, ministerial-level agencies, and government-affiliated agencies; provincial and centrally-administered city People's Committees provide specific data for the Government Portal of state agencies to support searching, exchanging, and sharing information, ensuring the ability to link and integrate with the Government Portals of related agencies and organizations, while ensuring cybersecurity in accordance with the law.
7. The Ministry of Information and Communications shall provide guidance on the structure, layout, and technical requirements for the electronic portal of state agencies and develop common tools for state agencies to develop their electronic portals.
Article 7. Basic Support Functions of Electronic Portals
1. Search, Linkage, and Storage of Information
a) The search function allows for comprehensive and accurate retrieval of information content, news articles, and other required materials according to the needs of organizations and individuals.
b) Provide complete and accurate links to the electronic portals of related state agencies.
c) Provide printing and storage functions for each news article.
2. Provision of Information in Foreign Languages
a) State agencies must ensure the provision of information in English, including: organizational structure, functions, tasks, and authorities of the agency and its subordinate units; contact information for authorized officials, including full name, position, place of work, telephone number, fax number, and official email address.
b) Encourage state agencies to publish additional sections of information in English and other languages.
c) The information specified in points a and b of Clause 2 of this Article must be updated promptly when changes occur.
3. Based on specific conditions, state agencies may implement the basic functions stipulated in Clauses 1 and 2 of this Article through other channels.
Article 8. Interaction with Organizations and Individuals in the Online Environment
1. State agencies apply information technology and digital technology to provide interaction functions with organizations and individuals on their electronic portals, including:
a) Online question-and-answer and feedback reception functions, including: providing a function that allows organizations and individuals to submit questions and opinions online, answering questions, receiving suggestions, tracking processing status, and obtaining results of online complaints.
b) Social media support features.
c) Permitting participation in legislative activities and policy implementation by state agencies as prescribed by law.
d) Allowing evaluation of the state agency's information provision activities in the online environment, including evaluations of interface, content, quality, and support provided by the state agency.
e) Publicizing all interaction information with organizations and individuals in accordance with the law.
2. Based on specific conditions, state agencies may implement the interaction functions with organizations and individuals stipulated in Clause 1 of this Article through other information provision channels in the online environment.
Article 9. Connection and Sharing of State Agency Information in the Online Environment
1. In cases where state agencies implement multiple information provision channels in the online environment, these channels must be connected and integrated to ensure synchronized information provision with the state agency’s electronic portal.
2. State agency information in the online environment must be stored in machine-readable formats and shared as web services, application programming interfaces, or other common forms to ensure the ability to connect and share information between state agency information systems.
3. Data connection and sharing between state agencies shall be carried out in accordance with the provisions of Government Decree No. 47/2020/NĐ-CP dated April 9, 2020, on the management, connection, and sharing of state agency digital data.
Article 10. Management and supervision of information provision by state agencies on the online environment
1. Ministries, ministerial-level agencies, government agencies, provincial People's Committees under the central government shall be responsible for inspecting, supervising, and evaluating the provision of information by subordinate agencies and units on the online environment to ensure convenience and quality of information provision.
2. The Ministry of Information and Communications shall guide ministries, ministerial-level agencies, government agencies, provincial People's Committees under the central government to connect with the Monitoring and Measurement System for the Degree of Provision and Use of Digital Government Services to effectively manage and supervise the degree of provision and use of information by state agencies on the online environment, compile and report to the Prime Minister.
Chapter III
PROVISION OF PUBLIC SERVICES ONLINE ON THE INTERNET ENVIRONMENT
Article 11. Levels of public service provision online
1. State agencies provide public services online at two levels as follows:
a) Full-process online public service: This is a service ensuring the provision of all information about administrative procedures, the implementation and resolution of administrative procedures are carried out entirely on the online environment. The result delivery is conducted online or through postal services.
b) Partial online public service: This is an online public service that does not meet the conditions stipulated in point a, Clause 1 of this Article.
State agencies apply maximum information technology and digital technology in the process of providing and processing online public services on the online environment, except where organizations and individuals using the service must appear before state agencies or state agencies must conduct on-site inspections and verifications according to the provisions of the law.
2. For online public services allowing organizations and individuals to submit applications on the online environment, state agencies have the responsibility to:
a) Implement and apply public digital signatures, specialized digital signatures for specific applications to meet the requirements of digital signatures during the implementation of online public services.
b) Develop and use interactive electronic forms in accordance with regulations.
c) Connect and exploit data from national databases, specialized databases, shared databases of other state agencies to automatically fill in information in electronic forms and reduce application components, ensuring the principle that organizations and individuals only need to provide information once to state agencies when implementing online public services.
Data connection and sharing between state agencies shall be implemented in accordance with Decree No. 47/2020/NĐ-CP dated April 9, 2020 of the Government on managing, connecting, and sharing digital data of state agencies.
3. The Office of the Government shall guide the review and evaluation of administrative procedures to meet the requirements for building online public services at the levels prescribed in this Decree.
4. The Ministry of Information and Communications shall guide technical criteria for assessing and classifying the level of online public services; guide and specify technical regulations on integrating digital signatures or digital signature applications on the public service portal.
Article 12. List of Online Public Services
2. Online public services must be organized and classified based on the user (organizations, individuals), by service group (by topic), by level, and by implementing agency to facilitate searching and use.
3. When provided on the online environment, online public services must be standardized and synchronized in terms of service code and name; provide accompanying electronic forms; guide the usage procedure for organizations and individuals; guide the processing procedure of state agencies and the results of online public services with the National Database of Administrative Procedures. This standardization shall be announced along with guidance for users for each online public service.
4. Online public services within the jurisdiction of state agencies at various levels in provinces and centrally-administered cities shall be integrated, publicly announced, and synchronized in terms of application receipt and processing information on the National Public Service Portal and the Provincial Administrative Procedure Resolution Information System.
5. Regulations on the identification and authentication of subjects participating in online public service transactions must be clearly defined, announced on the public service portal, and comply with the provisions of the law on electronic identification and authentication.
1. The Ministry-level and Provincial-level Public Service Portal is a component of the Ministry-level and Provincial-level Administrative Procedure Information System, providing online public services within the jurisdiction of ministries, ministerial-level agencies, government agencies, and local people's committees to organizations and individuals.
2. The Ministry-level and Provincial-level Public Service Portal must meet the following requirements:
a) Having a unified domain name in the format: dichvucong.(name of ministry, locality).gov.vn with a Vietnamese language interface, e-services.(name of ministry, locality in English).gov.vn with an English language interface; the name of the ministry or locality is set according to the provisions of the law and using IPv6 Internet address technology.
b) Connecting and integrating with the electronic information portal of ministries, ministerial-level agencies, government agencies, provincial people's committees, centrally governed cities; the National Public Service Portal.
c) Connecting with the monitoring and measurement system for the level of provision and use of digital government services.
d) Connecting with the Public Digital Signature Authentication Portal to facilitate organizations and individuals in conveniently signing digitally when using online public services of state agencies on the internet.
e) The structure, layout, and technical requirements for the Ministry-level and Provincial-level Public Service Portal shall be guided by the Ministry of Information and Communications.
f) The Ministry of Information and Communications shall develop common tools for state agencies to develop the Ministry-level and Provincial-level Public Service Portal.
3. Based on specific conditions, state agencies proactively implement other channels for providing online public services as follows:
a) Social networks permitted by state agencies to provide online public services in accordance with the law.
b) Mobile applications of state agencies that provide online public services are deployed centrally, uniformly, and commonly within the scope of ministries, sectors, and localities to provide online public services of state agencies, avoiding duplication.
4. State agencies announce the channels for providing online public services on the internet.
5. Channels for providing online public services on the internet must meet the following requirements:
a) Ensuring convenience across various access devices, including mobile devices.
b) Allowing organizations and individuals to evaluate their satisfaction with the provided online public services online. State agencies ensure the confidentiality and privacy of organizations and individuals making evaluations.
c) Synchronizing information and processing status with online public services provided on the National Public Service Portal, Ministry-level and Provincial-level Public Service Portals.
6. Organizations and individuals have the right to choose channels for providing online public services of state agencies on the internet and are responsible for complying with regulations regarding the use of such online public services.
Article 14. Technical Requirements for Providing Online Public Services
1. The design, construction, and provision of online public services must comply with technical standards and regulations for systems providing online public services and meet the needs of organizations and individuals, supporting persons with disabilities in accessing and using information and communication products and services.
2. The online public service system on the internet must have a user-friendly, easy-to-use interface, secure, and private, centered around organizations and individuals.
3. Software products providing online public services are implemented in the form of services to easily expand and customize, requiring minimal technological capability.
Article 15. Responsibility for Providing Online Public Services
1. State agencies providing online public services shall be responsible for:
a) Reforming organizational models and work processes to maximize the application of information technology and digital technology in the provision of online public services on the internet.
b) Treating users fairly without discrimination when they access online public services through different channels.
c) Connecting and integrating various service channels so that users can access information across multiple channels during a single service usage.
d) Being ready, proactive, and timely in providing convenient, easy-to-use, and fast online public services, aiming towards personalization according to the needs of organizations and individuals.
2. Encourage state agencies to provide other online public services beyond administrative public services on the internet.
Article 16. Supervision and Evaluation of the Effectiveness and Usage Level of Online Public Services
1. The management, supervision, and evaluation of the effectiveness and usage level of online public services provided by state agencies must be automated using information systems for each online public service, each transaction subject, and each service implementation step.
2. The Ministry of Information and Communications shall develop detailed technical guidelines for tools to evaluate the effectiveness and usage level of online public services provided by state agencies; integrate and synchronize evaluation result information with the National Public Service Portal's citizen and business service index system, ensuring full utilization without collecting duplicate information.
3. Ministries, ministerial-level agencies, government agencies, provincial People's Committees under central jurisdiction shall be responsible for:
a) Reporting the results of implementation and the effectiveness of online public service provision by their ministry, sector, or locality; sending reports to the Ministry of Information and Communications monthly for consolidation and reporting to the Prime Minister.
b) Connecting the online public service provision systems at the ministry and provincial levels with the Government Digital Service Monitoring and Measurement System.
Chapter IV
ENSURING THE OPERATION OF INFORMATION AND ONLINE PUBLIC SERVICE PROVISION ON THE INTERNET ENVIRONMENTAND ONLINE GOVERNMENT SERVICES ON THE INTERNET
Section 1
ENSURING STAFFING
Article 17. Staff for Managing Electronic Information Portals
State agencies shall assign and allocate sufficient staff to manage electronic information portals to receive, process, edit, and update information, ensuring the operation of the electronic information portal in accordance with the law.
Article 18. Technical Management Staff
State agencies shall allocate sufficient specialized staff to manage electronic information portals, public service portals, and other information and public service provision systems in accordance with the law.
Article 19. Training of Staff
State agencies shall be responsible for training staff in relevant professional knowledge suitable for their field of responsibility to ensure the provision of information and online public services by state agencies on the internet environment.
Section 2
ENSURING FINANCING
Article 20. Funding for Maintaining and Developing Activities of Providing Information and Online Public Services by State Agencies on the Internet Environment
1. Funding for maintaining and developing activities of providing information and online public services by state agencies on the internet environment shall be guaranteed from the following sources:
a) State budget:
- Funding for maintaining and developing activities of providing information and online public services by state agencies on the internet environment shall be allocated annually in the state budget estimate according to the spending areas of the agency. Among these, funding for maintaining and developing such activities for central agencies and units shall be covered by the central budget; funding for maintaining and developing such activities for local agencies and units shall be covered by the local budget in accordance with the law on the decentralization of the state budget.
- Funding for the training of officials responsible for providing information and online public services shall be allocated annually in the state budget estimate of the agency to train officials and civil servants within its management scope.
b) Legal revenue sources of agencies and units permitted to retain and use according to the law.
c) Aid and official development assistance from sponsors.
d) Other legal funding sources as prescribed by law.
2. State agencies shall annually be responsible for developing plans to ensure funding for maintaining and developing their activities of providing information and online public services; report to the competent authority for allocation of funds.
Article 21. Funding for Infrastructure and Information Security Assurance
1. Based on actual needs, the unit entrusted with management and operation shall be fully equipped with server systems, transmission lines, and other necessary devices to ensure storage, utilization, security, and information network safety for the provision of information and online public services by state agencies on the internet environment.
2. Periodically, at each stage annually, the unit entrusted with management and operation shall develop plans for maintenance, repair, and upgrading of information provision and online public service systems; submit these plans to the competent authority for review and allocation of funding, ensuring stable and secure operation of information provision and online public services, and network information security.
Article 22. Funding for Information Creation and Payment of Royalties for Information Provision
1. The remuneration and royalties for the provision of information by state agencies on electronic portals and other distribution channels shall be implemented according to regulations on royalties in the field of journalism and publishing.
2. The level of expenditure for creating, converting, and digitizing information on electronic portals and other distribution channels shall be carried out in accordance with the guidelines of the Ministry of Finance regarding the level of expenditure for creating electronic information.
3. Based on the financial capacity of the agency, the head of the managing agency shall decide on specific levels of expenditure for information creation and payment of remuneration and royalties in compliance with relevant laws.
Section 3
TECHNICAL INFRASTRUCTURE ASSURANCE
Article 23. Assurance of Technical Standards and Specifications
1. State agencies must comply with technical standards, specifications, and guidance for providing information and online public services on the internet environment.
2. The Ministry of Information and Communications shall develop and promulgate technical standards, specifications, and guidance for state agencies to provide information and online public services on the internet environment.
Article 24. Maintenance, Repair, and Upgrading of Information Provision and Online Public Service Systems
1. Channels for providing information and online public services and related information systems of state agencies must be regularly inspected and maintained to ensure reliable and continuous operation.
2. Annually, channels for providing information and online public services and related information systems of state agencies must be reviewed, with plans for upgrading and modifications made to meet actual needs.
Article 25. Assurance of Technical Infrastructure
1. State agencies shall implement investment in building technical infrastructure or lease services from external providers to ensure effective and cost-efficient provision of information and online public services.
2. State agencies have the responsibility to equip necessary equipment to serve the collection, processing, and updating of information for information provision and online public service channels on the internet environment, ensuring efficient exploitation of existing technological infrastructure, applying modern technologies, prioritizing cloud computing technology.
Article 26. Assurance of Information Security and Cybersecurity
State agencies responsible for providing information and online public services on the internet environment must ensure the following requirements:
1. Ensuring information security, protecting personal information, and ensuring system information security in accordance with laws on information security and cybersecurity.
2. Having effective measures against attacks that cause loss of information security of information provision and online public service channels.
3. Having contingency plans to restore operations to ensure that information provision and online public service channels operate continuously at maximum levels.
Chapter V
ORGANIZATION AND IMPLEMENTATION
Article 27. Responsibilities of the Ministry of Information and Communications
1. Perform the tasks assigned under Articles 5, 6, 10, 11, 13, 16, and 23 of this Decree.
2. Develop platforms and technical tools to facilitate state agencies in providing online information and public services on the internet according to the tasks assigned by the Government and the Prime Minister.
3. Inspect and evaluate the effectiveness and compliance with technical requirements in the provision of information and implementation of online public services by state agencies; compile and report to the Prime Minister.
Article 28. Responsibilities of the Office of the Government
1. Perform the tasks assigned under Article 11 of this Decree.
2. Develop, operate, and maintain the Government’s electronic portal in accordance with Clause 2 and Clause 3 of Article 6 of this Decree.
3. Specify and guide the standardization of the catalog of online public services at all levels and unify it nationwide.
4. Develop and improve the National Public Service Portal and integrate online public services of ministries, sectors, and localities onto the National Public Service Portal; monitor, supervise, and assess the quality of service provided to organizations and individuals in administrative procedures and public service delivery by ministries, sectors, and localities using real-time data.
Article 29. Responsibilities of Ministries, Agencies Equivalent to Ministries, Government Agencies, People's Committees of Provinces and Cities Directly Under the Central Government
1. Manage, supervise, and improve the quality of information and online public service provision by subordinate agencies and units.
2. Adhere to technical standards and guidelines for providing information and online public services on the internet.
3. Regularly report on the situation of information and online public service provision.
4. Implement the provisions of this Decree within ministries, agencies equivalent to ministries, government agencies, and People's Committees of provinces and cities directly under the central government.
Article 30. Effective Date
1. This Decree takes effect from August 15, 2022.
2. This Decree replaces Decree No. 43/2011/NĐ-CP dated June 13, 2011 of the Government on the provision of information and online public services on the electronic information website or electronic portal of state agencies.
3. For electronic information websites of state agencies under ministries, agencies equivalent to ministries, government agencies; specialized agencies under provincial and city People's Committees directly under the central government; district People's Committees; commune People's Committees that have not complied with Clause 1 of Article 6, within two years from the date this Decree takes effect, the managing agency shall be responsible for implementing in accordance with Clause 1 of Article 6.
Article 31. Responsibility for Implementation
The Ministers, Heads of agencies equivalent to ministries, Heads of government agencies, Chairmen of provincial and city People's Committees directly under the central government, and related agencies, organizations, and individuals are responsible for enforcing this Decree.
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Place of Receipt: |
PRIME MINISTER DEPUTY PRIME MINISTER DEPUTY PRIME MINISTER (Signed) Vu Duc Dam |
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