Decree No. 43/2011/NĐ-CP on providing information and online public services on electronic information websites or government portals of state agencies

DECREE

Provisions on the provision of information and online public services

 on electronic information websites or government portals

____________________________ 

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

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

Considering the proposal of the Minister of Information and Communications,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the provision of information and online public services on electronic information websites or government portals (hereinafter referred to collectively as government portals) and the conditions ensuring the operation of government portals of state agencies.

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 and their specialized agencies; People's Committees of districts, towns, provincial-level cities (hereinafter referred to collectively as district-level People's Committees).

2. Organizations and individuals participating in providing information on government portals of state agencies.

3. Other state agencies voluntarily applying the provisions of this Decree.

Article 3. Explanation of Terms

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

1. Electronic information website is an information page or a set of information pages on the internet environment serving the provision and exchange of information.

2. Government portal is the single point of access for the agency on the internet environment, linking and integrating various information channels, services, and applications through which users can exploit, use, and personalize the display of information.

3. Administrative public service are services related to law enforcement activities, not aimed at profit, provided by competent state agencies to organizations and individuals in the form of legal documents in fields managed by such state agencies.

Each administrative public service is linked to an administrative procedure to complete a specific task related to organizations and individuals.

4. Online public service are administrative public services and other services of state agencies provided to organizations and individuals on the internet environment.

a) Online public service Level 1: Ensures the provision of full information about administrative procedures and related documents regulating such procedures.

b) Level 2 online public service: is a level 1 online public service and allows users to download templates and declarations to complete files according to requirements. Completed files are sent directly or via postal service to the agency or organization providing the service.

c) Level 3 online public service: is a level 2 online public service and allows users to fill out and submit templates online to the agency or organization providing the service. Transactions during file processing and service provision are conducted on the internet environment. Payment of fees (if applicable) and receipt of results are carried out directly at the agency or organization providing the service.

d) Level 4 online public service: is a level 3 online public service and allows users to make online payments of fees (if applicable). Delivery of results may be done online, sent directly, or via postal service to the user.

5. Portal management agency are state agencies specified in Clause 1, Article 2 of this Decree (hereinafter referred to as the management agency).

6. Descriptive data (Metadata) are information describing the characteristics of data such as content, format, quality, conditions, and other features to facilitate the process of searching, accessing, managing, and storing data.

Article 4. The role of government portals of state agencies

1. The government portal of ministries, ministerial-level agencies, and agencies under the Government is an integrated portal of the entire sector or field managed by the agency and integrates online public service information from all subordinate agencies and units.

2. The government portal of provincial and centrally governed city People's Committees is an integrated portal of management fields within the province's territory and integrates online public service information from all specialized agencies under the provincial People's Committee and district-level People's Committees of the province.

3. Information published on government portals of state agencies is official information of state agencies on the internet environment.

Article 5. Principles of information provision

1. Information provided on government portals of state agencies must align with the viewpoints, policies, and guidelines of the Party, state policies, and laws; serve promptly in the management work of the agency and the information exploitation needs of organizations and individuals.

2. Information provided on government portals must comply with legal regulations on protecting state secrets, press, intellectual property rights, and internet information management.

3. When posting, quoting, or reusing information on government portals of state agencies, the author and source of the information must be clearly stated.

Article 6. Domain Names for Accessing Electronic Portals

1. The domain name for accessing the electronic portal of an agency must use the national domain name "vn" and comply with the following rules:

a) For Ministries, agencies at the level of Ministries, and agencies under the Government: it shall be a third-level domain name in the format: tenbonganh.gov.vn; each agency has one domain name which is the abbreviated name of the agency in Vietnamese without accents, and one domain name which is the abbreviated name of the agency in English according to the regulations of the Ministry of Foreign Affairs.

Subordinate agencies shall have at least a fourth-level domain name which is the abbreviated name of the agency in Vietnamese without accents or in English in the format: tendonvi.tenbonganh.gov.vn.

b) For People's Committees of provinces and centrally governed cities: it shall be a third-level domain name using the full name of the province or city in Vietnamese without accents in the format: tentinhthanh.gov.vn.

The People's Committee of Ho Chi Minh City has the access domain name: hochiminhcity.gov.vn.

Specialized agencies under provinces and cities shall have at least a fourth-level domain name which is the abbreviated name of the agency in Vietnamese without accents or in English in the format: tencoquan.tentinhthanh.gov.vn.

c) For People's Committees at the district level: it shall be a fourth-level domain name using the full name of the locality in Vietnamese without accents in the format: tenquanhuyen.tentinhthanh.gov.vn.

2. The managing agency is responsible for supplementing and changing the domain name for access in accordance with the provisions of Clause 1 of this Article.

Article 7. Ensuring Technical Standards

1. Uniformly use the Vietnamese Unicode character set standard 6909:2011 in storing and exchanging information and data on electronic portals.

2. The electronic portal of state agencies must comply with standards for the application of information technology in state agencies.

Article 8. Supporting Persons with Disabilities

The electronic portal of state agencies must meet the standards for supporting persons with disabilities to access and use information technology and communication as prescribed by the Ministry of Information and Communications.

Article 9. Collection, Processing, and Use of Personal Information

The collection, processing, and use of personal information on the electronic portal of state agencies must comply with the provisions of Articles 21 and 22 of the Law on Information Technology.

The Ministry of Information and Communications is responsible for specifying the implementation of the provisions of this Article.

Chapter II

INFORMATION DISSEMINATION

Article 10. Main Information

1. The electronic portal of state agencies must include the following sections of information:

a) Introduction Information:

- For Ministries, agencies at the level of Ministries, agencies under the Government, and Bureaus, General Departments, and equivalent agencies, specialized agencies under the People's Committees of provinces and centrally governed cities must have at least the following information about organizational structure diagrams, functions, tasks, and authorities of the agency and subordinate units; summary of the formation and development process of the agency; brief biographies and responsibilities of the leadership of the agency.

- For People's Committees of provinces and centrally governed cities and People's Committees at the district level must have at least information about administrative organization, administrative boundary maps down to ward and commune levels, natural conditions, history, cultural traditions, historical sites, scenic spots; brief biographies and responsibilities of the leadership of the agency.

b) News and Events: news articles about activities and issues within the scope of state management of the agency.

c) Directive and Administrative Information including: opinions on directives and administrative measures of the head of the agency that have been agreed upon and officially issued in writing; opinions on handling and responding to suggestions and requests from organizations and individuals; information on rewards and penalties for organizations and businesses operating within the scope of state management of the agency; schedule of work of the agency's leadership.

d) Propaganda, Dissemination, and Guidance on Implementing Laws, Regulations, and Policies: propaganda, dissemination, and guidance on implementing laws, regulations, and policies in areas within the scope of state management of the agency.

đ) Strategies, Directions, Planning, and Development Plans:

- Ministries, agencies at the level of Ministries, and agencies under the Government provide information on strategies, planning, and development plans for sectors and fields nationwide. Specialized agencies under the People's Committees of provinces and cities provide information on strategies, planning, and development plans for sectors and fields in their localities.

- People's Committees of provinces and centrally governed cities, and People's Committees at the district level provide information on economic and social development strategies, planning, and development plans including at least the following fields:

+ Preferential policies, investment opportunities, projects inviting investment capital;

+ Urban planning, town planning; land use planning and plans;

+ Natural resource exploitation planning and activities;

+ Waste collection, recycling, and disposal planning; list and information on sources of waste and types of waste posing risks to human health and the environment; areas of environmental pollution and degradation at severe and extremely severe levels, areas at risk of environmental incidents.

e) System of Sectoral Legal Normative Documents and Related Administrative Management Documents: clearly stating the form of the document, issuing authority, number, date of issuance, effective date, summary, downloadable file. Provide a search tool for documents.

g) The Government's Electronic Portal and the Electronic Portals of People's Committees of centrally governed cities must publish the Electronic Gazette including the following information: number of the gazette, date of issuance, list of documents published in the gazette, and summary of the content of each document.

h) Information on Projects, Investment Components, Tendering, and Public Procurement:

- List of projects being prepared for investment, projects underway, completed projects;

- Each project needs to include the following information: project name, main objectives, field of expertise, type of project, implementation period, project budget, type of funding, sponsor, status of the project.

i) Section for Soliciting Opinions from Organizations and Individuals:

- Receiving reflections and suggestions from organizations and individuals regarding administrative regulations in accordance with the law;

- Publishing a list of legal normative documents and policies requiring solicitation of opinions.

- Provide information and functions; full content of the issue requiring opinions; deadline for receiving comments; view contents of submitted comments; receive new comments; address, email of the agency or unit receiving comments.

k) Contact information of officials with authority including name, position, workplace, phone number/fax, official email address.

l) Transaction information of the electronic portal including: address, phone number, fax number, official email address for transactions with organizations and individuals.

2. Based on actual circumstances and conditions, the managing agency has the right to provide other relevant information items consistent with its functions and responsibilities.

Article 11. Information about scientific programs and topics

Ministries, agencies at the ministerial level, government-affiliated agencies, People's Committees of provinces and centrally governed cities must provide information about scientific programs and topics using state budget funds under their management:

1. List of programs and topics including: code number, name, management level, field, leading organization, implementation period.

2. Results of programs and topics after being approved by the Scientific Evaluation Council including: comprehensive report, report on the application results of the project. The publication of results must comply with the provisions of the Law on Science and Technology.

Article 12. Information and statistical reports

1. The electronic portal of ministries, agencies at the ministerial level, government-affiliated agencies must provide statistical information about sectors and fields under management.

2. The electronic portal of People's Committees of provinces and centrally governed cities must provide statistical information from survey results according to the Statistics Law.

3. Statistical information must include complete data, statistical reports, statistical methods, and analysis of statistical data, time of statistical implementation.

Article 13. Foreign language information

1. For the electronic portals of ministries, agencies at the ministerial level, government-affiliated agencies, People's Committees of provinces and centrally governed cities: minimum information specified in point a and k, Clause 1, Article 10 of this Decree and online public service information that foreigners can use must be provided additionally in English for reference.

2. Encourage managing agencies to post other information items in English and other languages.

Article 14. Provision of descriptive data

1. The electronic portal of state agencies must provide descriptive data to support searching, exchanging, and sharing information, ensuring connectivity and integration with the electronic portals of other state agencies, while ensuring technological compatibility.

2. The Ministry of Information and Communications is responsible for guiding detailed application of standards for descriptive data for state agencies.

Article 15. Supporting functions

1. Search, linking, and storage supporting functions

a) The electronic portal must have a search function allowing comprehensive and accurate retrieval of existing information and articles.

b) Provide complete and accurate links to the electronic portals of subordinate units and other state agencies.

c) Provide printing and storage functions for each news article.

2. Question-and-answer and feedback reception functions: provide a function allowing users to submit questions and opinions directly, track the processing status of questions or provide an email address for feedback reception.

Article 16. Linking and Integrating Information

1. The electronic portal of the Ministry, ministry-level agency, or agency under the Government must be linked and integrated with the electronic portals of subordinate agencies to ensure that organizations and individuals can search for and exploit all information within the scope of state management of the agency.

2. The electronic portal of the People's Committee of provinces and centrally governed cities must be linked and integrated with the electronic portals of specialized agencies within the province or city and district-level People's Committees to ensure that organizations and individuals can search for and exploit information across all economic and social fields of the locality.

3. The Government Electronic Portal plays the role of a central point connecting the Government's administrative electronic information network on the Internet, integrating information from the electronic portals of ministries, ministry-level agencies, agencies under the Government, and provincial People's Committees of centrally governed cities.

Article 17. Time Limit for Providing, Processing, and Storing Information

1. Time limit for providing and processing information:

a) Ensuring regular and accurate updates for the news items specified in points a, b, c, k, and l of Clause 1, Article 10 of this Decree.

b) For information on propaganda, dissemination, guidance on implementing laws, systems, and policies: the update time shall not exceed fifteen working days from the date the legal document, policy, or system is officially promulgated.

c) For specialized regulatory legal documents and state management documents:

- The update time shall not exceed two working days from the date the document is promulgated by the issuing agency.

- The update time shall not exceed ten working days from the date the document is promulgated by agencies within the scope regulated by the document.

d) For the information specified in points d and h of Clause 1, Article 10 of this Decree: the update time shall not exceed ten working days from the date the strategy, plan, project, investment item, or tender is approved.

đ) For the Exchange - Q&A section:

- The Editorial Board of the electronic portal is responsible for receiving questions, classifying them, and transferring them to relevant units for answers. In cases where the question does not relate to the scope or field of activity of the agency, it must immediately notify the organization or individual.

- Within the latest fifteen working days from the date of receiving the question, the state agency is responsible for providing the answer result or informing the process of handling, clearly stating the deadline for answering the organization or individual. For issues of common concern, the answer must be posted on the electronic portal.

e) For information on scientific programs and topics: the update time shall not exceed twenty working days from the date the program or topic is approved or after the program or topic is accepted.

g) For information and statistical reports: the update time shall not exceed ten working days from the date the statistical information is decided to be published by the head of the agency.

h) For foreign language information sections: they must be regularly reviewed and updated promptly when there are new developments or changes.

2. Storing information: the managing agency is responsible for ensuring the storage of information on the electronic portal according to the State regulations on Archives.

Chapter III

PROVISION OF ONLINE PUBLIC SERVICES

Article 18. Information on online public services

1. The managing agency shall be responsible for posting all information about online public services on the National Database of Administrative Procedures. Information on online public services must be updated, supplemented, and corrected promptly upon any changes.

2. The electronic portal of state agencies must have a section "Online Public Services" to announce the list of administrative public services and online public services currently being implemented, specifying the level of each service. Services are organized and classified by sector and field for ease of exploitation and use.

3. The electronic portal of state agencies must provide functions to guide usage, monitor frequency of use, processing progress, and the number of files processed for each online public service at level 3 or higher.

Article 19. Responsibility for providing online public services

1. Managing agencies shall utilize the results achieved in standardizing administrative procedures to provide administrative public services through the electronic portal. For services related to accompanying forms and administrative declarations, they must be provided at a minimum level 2. Each service must display all components of the administrative procedure and the responsibilities of the relevant parties.

2. Annual report on the roadmap for providing online public services:

a) Provincial People's Committees and district-level People's Committees under provincial people's committees shall be responsible for developing the roadmap for providing online public services and reporting to the provincial people's committee on the roadmap and implementation progress.

b) Ministries, ministerial-level agencies, government-affiliated agencies, and provincial people's committees under central cities shall be responsible for developing and reporting the roadmap for providing online public services of their units and localities to the Ministry of Information and Communications for consolidation and reporting to the Prime Minister.

Article 20. Integration of information on online public services

1. The electronic portal of ministries, ministerial-level agencies, and government-affiliated agencies must be linked and integrated with the information on online public services of subordinate units.

2. The electronic portal of provincial people's committees under central cities must be linked and integrated with the information on online public services of affiliated specialized agencies and district-level people's committees under them.

3. The Government Office is the lead agency in organizing the integration of information on online public services across all areas of national administration managed by the Government.

Chapter IV

ENSURING THE OPERATION OF ELECTRONIC INFORMATION WEBSITES OR PORTALS

Section 1

ENSURING STAFFING

Article 21. Editorial Board of the Electronic Portal

1. The Editorial Board of the Electronic Portal assists the head of the managing agency in receiving, processing, editing, updating information, and coordinating the handling of public services to ensure the operation of the electronic portal. The specialized unit for information technology of the managing agency serves as the permanent body of the Editorial Board.

2. The scale and organization of the Editorial Board of the Electronic Portal shall be decided by the head of the managing agency based on actual circumstances.

3. The Editorial Board of the Electronic Portal consists of the Chairman, Vice-Chairman, and members. The leadership of the Editorial Board may work concurrently. The working system of the members shall be decided by the head of the managing agency.

4. The Ministry of Information and Communications shall take the lead and coordinate with the Ministry of Home Affairs to provide specific guidance on the organization, functions, and tasks of the Editorial Board.

Article 22. Human Resources for Online Public Services

The head of the managing agency shall be responsible for assigning and arranging sufficient human resources to handle and resolve online public services within their agency's responsibility according to the prescribed deadlines.

Article 23. Technical Management Human Resources

The managing agency shall be responsible for arranging sufficient specialized human resources to manage the electronic portal (hereinafter referred to as technical management staff).

Article 24. Training of Human Resources

Staff members of the Editorial Board and technical management staff shall annually receive training and professional development in accordance with the fields they are responsible for, to ensure service provision for the operation of the electronic portal.

Section 2

ENSURING FINANCIAL RESOURCES

Article 25. Financial Resources for Maintaining and Developing the Electronic Portal

1. Financial resources for maintaining and developing the electronic portal shall be ensured from the following sources:

a) State budget:

- Financial expenses for the electronic portal of state agencies shall be allocated in the annual budget estimate according to the spending areas of the agency. Expenses for the electronic portal of central agencies shall be guaranteed by the central budget; expenses for the electronic portal of local agencies shall be guaranteed by the local budget in accordance with current laws on the decentralization of the state budget;

- Financial expenses for the training and professional development of officials serving the electronic portal shall be allocated annually in the agency's budget to train and develop civil servants under its jurisdiction.

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. The managing agency shall annually be responsible for building a financial plan for maintaining the electronic portal and reporting it to the higher-level management agency; the higher-level management agency shall review and consolidate the report to the same-level finance agency for budget allocation.

Article 26. Expenditure for Information Creation and Royalty Payment

1. Remuneration and royalties for providing information on the electronic portal shall be paid according to the current regulations on royalties.

2. The expenditure for creating, converting, and digitizing information for the electronic portal shall be implemented in accordance with the Ministry of Finance's guidelines on expenditure for electronic information creation.

3. Based on the financial capacity of the agency, the head of the managing agency shall decide on specific expenditure levels for information creation and royalty payment in compliance with current national regulations.

Section 3

ENSURING OPERATION AND MAINTENANCE

Article 27. Maintenance, Repair, Operation, Upgrading, and Modification of the Electronic Portal

1. The electronic portal must be regularly inspected, maintained, modified, and monitored to ensure continuous operation 24 hours a day, every day.

2. Annually, the electronic portal must be reviewed and proposals for upgrading and modification made to meet actual needs.

Article 28. Ensuring Transmission Lines, Machinery, and Equipment for Information Collection and Processing

1. The managing agency shall select investment construction plans for infrastructure or outsourcing services from external providers to ensure the operation of the electronic portal based on the principle of cost savings and efficiency.

2. The managing agency shall be responsible for equipping necessary equipment to serve the collection, processing, and updating of information for the electronic portal, ensuring effective utilization of existing technological infrastructure.

Article 29. Ensuring Information Security and Data

1. The managing agency shall be responsible for:

a) Implementing technical measures to ensure information security and data on the electronic portal.

b) Developing effective solutions to counter attacks that cause information security breaches on the electronic portal.

c) Establishing contingency plans to restore operations and ensure continuous operation of the electronic portal at the maximum level.

2. The Ministry of Information and Communications shall be responsible for providing specific guidance on the implementation of the provisions of this Article.

Section 4

ENSURING IMPLEMENTATION

Article 30. Responsibilities of the Managing Agency

1. The head of the managing agency shall directly direct the construction, maintenance, and development of the electronic portal; instruct subordinate units to cooperate with the Editorial Board in ensuring the provision of information and online public services.

2. Utilize allocated funds according to the plan and other legitimate sources to ensure the operation, maintenance, and development of the electronic portal.

3. Approve and issue regulations on cooperation among units within the agency for providing and processing information, operational and maintenance regulations for the electronic portal.

4. Adhere to technical standards and norms in constructing, maintaining, and upgrading the electronic portal as prescribed.

5. Implement periodic annual reporting on the operational status of the electronic portal:

a) For Ministries, agencies equivalent to Ministries, agencies under the Government, People's Committees of provinces and centrally-administered cities: submit reports to the Ministry of Information and Communications before December 1st each year.

b) For specialized agencies under the People's Committees of provinces and centrally-administered cities, People's Committees of districts, towns, and provincial-level cities: submit reports to the Department of Information and Communications; the Department of Information and Communications will consolidate and report to higher authorities and the Ministry of Information and Communications before December 1st each year.

Article 31. Responsibilities of Relevant Agencies

1. The Ministry of Information and Communications shall have the responsibility:

a) Guide Ministries, agencies equivalent to Ministries, agencies under the Government, People's Committees of provinces and centrally-administered cities in implementing the provisions of this Decree.

b) Develop and promulgate technical standards and norms applicable to state agency electronic portals.

c) Take the lead in coordinating with relevant agencies to develop payment methods and mechanisms for the implementation of online public services.

d) Annually compile and report to the Prime Minister on the implementation of online public services and the operational status of state agency electronic portals.

2. The Office of the Government shall direct the Government Electronic Portal to perform the role of connecting the Government's administrative electronic network with central and local administrative agencies; integrate information on Government online public services.

3. The Ministry of Finance shall be responsible for balancing the central budget to ensure funding for the operation, maintenance, and development of state agency electronic portals.

Article 32. Inspection and Supervision

1. The Ministry of Information and Communications shall be responsible for inspecting and supervising the implementation of the provisions of this Decree by Ministries, agencies equivalent to Ministries, and agencies under the Government.

2. Provincial Departments of Information and Communications shall be responsible for inspecting and supervising the implementation of the provisions of this Decree by local state agencies.

Chapter V

IMPLEMENTING PROVISIONS

Article 33. Effective Date

This Decree takes effect from October 1, 2011.

Article 34. Responsibility for Implementation

Ministers, heads of agencies equivalent to Ministries, heads of agencies under the Government, heads of Bureaus, General Departments, and equivalent agencies, Chairpersons of People's Committees of provinces and centrally-administered cities, heads of specialized agencies of provinces, and Chairpersons of district People's Committees are responsible for enforcing this Decree./.