Decree No. 47/2020/NĐ-CP on Management, Connection, and Sharing of Digital Data of State Agencies

DECREE

Management, Connection, and Sharing of Digital Data of State Agencies
                                   

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

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

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

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

At the proposal of the Minister of Information and Communications;

The Government promulgates this Decree on management, connection, and sharing of digital data of state agencies.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates activities related to the management, connection, and sharing of digital data of state agencies including: management and governance of digital data; connection and sharing of digital data; utilization and exploitation of digital data of state agencies; provision of open data of state agencies to organizations and individuals; rights and responsibilities in the connection and sharing of digital data of state agencies.

2. This Decree does not apply to the sharing of digital data containing information within the scope of state secrets as defined in the Law on Protection of State Secrets. The sharing of digital data containing information within the scope of state secrets shall be carried out in accordance with current laws.

Article 2. Applicability

This Decree applies to state agencies including ministries, ministerial-level agencies, government agencies, people's committees at all levels; organizations and individuals exploiting and using digital data of state agencies shared according to the provisions of the law.

Article 3. Explanation of Terms

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

1. Digital data: is data in the form of symbols, letters, numerals, images, sounds, or similar forms represented by numerical signals. Digital data carries numerical information and is shared in the form of data messages. In this Decree, data refers to digital data.

2. Exchange data structure: is the structure of the data message exchanged between information systems and databases.

3. Data sharing service: is a service providing and sharing data for agencies, organizations, and individuals to exploit or acquire data from other agencies, organizations, and individuals through information systems. Within the information system, the data sharing service is the interactive interface of software serving the reception of connections and exchange of data messages with external systems.

5. Default data sharing: is the form of regularly sharing data within state agencies through simple procedures, where state agencies prepare data sharing services and provide standardized exchange data structures through data sharing services for multiple state agencies to use.

6. Specialized data sharing: is the form of sharing data for other state agencies to use based on specific requests for data not commonly used by different state agencies; such data sharing requires technical coordination among parties to prepare infrastructure, technology, and processes to handle or generate data for sharing purposes.

7. Common catalog data: is data about catalogs and classification codes issued by authorized state agencies, used across information systems and databases to ensure synchronized and consistent data integration, exchange, and sharing.

8. Open format: is the format of files or data messages specified according to technical publications of organizations operating standards and not restricted when using these technical publications.

9. Master data: is data containing the most basic information to identify and describe core and independent business entities.

10. National Data Portal: is the entry point for accessing information and data available at the address data.gov.vn on the Internet, serving the publication of open data, provision of information on data sharing by state agencies; providing documents, services, tools, applications for processing and exploiting data published by state agencies.

Article 4. Legal value of shared data

The legal value of shared data in a data message is determined according to the legal value of the data message as prescribed in Section 1 Chapter II of the Electronic Transactions Law and relevant laws.

Article 5. General principles for management, connection, and sharing of data

1. Data formed in the activities of state agencies shared to serve the activities of state agencies towards serving citizens and businesses must comply with the provisions of the law on the creation, management, and use of data.

2. State agencies must have the responsibility to share data with other agencies, organizations, and individuals as prescribed by law; shall not provide information through written form if such information has been accessed through the connection and sharing of data between information systems; shall not collect, organize the collection again, or request citizens and businesses to provide information or data during the processing of administrative procedures if this data has already been provided or is ready to be provided by another state agency through the connection and sharing of data, except where the data does not meet quality requirements according to industry standards or other provisions of the law.

3. Sharing of data among state agencies shall not affect the rights and responsibilities of related organizations and individuals, and shall not infringe upon privacy rights, personal secrets, family secrets, except where otherwise provided by law.

4. Shared data must ensure up-to-date accuracy as prescribed by law.

5. Data sharing among state agencies shall be free of charge, except for cases involving the exploitation and use of data listed in the Law on Fees and Charges.

6. Data of state agencies shared with organizations and individuals shall be carried out according to the following principles:

a. Organizations and individuals have the right to exploit their own data or the data of other organizations and individuals when accepted by those organizations or individuals, except where otherwise provided by law;

b. In cases outside the provisions of point a of this clause, the sharing of state agency data with organizations and individuals shall be implemented according to the provisions of the Law on Access to Information and current legal regulations.

Article 6. Implementation of Connection and Sharing of Data

1. State agencies managing data have the responsibility to carry out data management activities, data governance, and ensure the readiness for connection and sharing of data for agencies, organizations, and individuals as prescribed in Chapter II of this Decree.

2. For open data, agencies, organizations, and individuals implementing connections and exploitation of data published by state agencies shall follow detailed provisions in Section 3 Chapter II of this Decree.

3. Implementation of connection and sharing of data among state agencies shall be carried out according to the following provisions:

a. For data that is ready to be shared in default form, implementation shall follow detailed provisions in Section 2 Chapter III of this Decree;

b. For data not yet ready to be shared in default form, data providing and exploiting agencies shall cooperate and implement sharing according to specific special requirements detailed in Section 3 Chapter III of this Decree;

c. In cases where connection and sharing of data cannot be implemented according to the provisions of points a and b of this clause, implementation shall follow the provisions for resolving issues related to connection and sharing of data detailed in Section 5 Chapter III of this Decree.

4. For the connection and sharing of data by state agencies to organizations and individuals: in cases where the state agency providing data agrees to allow connection and exploitation according to the law, organizations and individuals connecting and exploiting the data shall have the responsibility to fulfill equivalent obligations as prescribed for state agencies in this Decree.

Article 7. Requirements for Management, Connection, and Sharing of Data

State agencies implementing data connection and sharing must comply with the following requirements:

1. Appoint an officer to be responsible for data connection and sharing; publicly disclose the phone number, email address, name, position, and functions of the responsible officer. The responsible officer shall be responsible for receiving, coordinating, and handling issues related to data connection and sharing between their agency/unit and external agencies/units.

2. Publicly disclose information about the responsible officer for data connection and sharing; information on readiness to share data and other information required to be disclosed under this Decree.

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

4. Ensure that shared data can be transmitted, received, stored, and processed using digital devices.

5. Adhere to technical regulations and guidelines on data exchange, application of information technology within state agencies, and principles stipulated in Article 5 of this Decree.

6. Be consistent with the Vietnam e-Government Architecture Framework.

Article 8. Prohibited Actions

1. Obstructing the activities of data connection, lawful exploitation, and use of data by agencies, organizations, and individuals as prescribed by law.

2. Buying, selling, exchanging, or sharing data in violation of legal provisions.

3. Violating regulations on intellectual property rights and personal information protection when connecting and sharing data.

4. Altering data during its transmission from the data-providing agency to the data-utilizing agency.

5. Sabotaging information infrastructure, disrupting data connection and sharing.

Chapter II

DATA MANAGEMENT, DATABASE MANAGEMENT, AND DATA GOVERNANCE IN STATE AGENCIES TO ENSURE CAPABILITY FOR DATA CONNECTION AND SHARING

Section 1

DATA MANAGEMENT AND DATABASE MANAGEMENT IN STATE AGENCIES

Article 9. Principles for Data and Database Management in State Agencies

1. Data within state agencies shall be organized uniformly and managed hierarchically according to the management responsibilities of state agencies. Data and databases within agencies/units must be organized and stored to facilitate sharing with external agencies/units.

2. Creating and providing information in databases within state agencies must use unified common directory code tables, consistent with the master data issued by authorized state agencies.

3. State agencies shall not require individuals or organizations to provide data that they already manage or that another state agency is willing to share and meets the requirements, except in cases where data provision is requested for updating or verifying data purposes.

Article 10. Organization and Management of Data and Databases

1. Content of organization and management of data:

a. Collecting and creating data to form databases;

b. Managing, maintaining, updating data, and managing data changes;

c. Sharing data and managing data sharing;

d. Exploiting and using data under their management and exploiting and using shared data from other state agencies.

2. State agencies have the responsibility to implement organizational and management activities of data in accordance with Clause 1 of this Article, complying with legal regulations.

Article 11. Database in state agencies

1. Databases in state agencies include:

a. National databases;

b. Databases of ministries, sectors, localities including: common databases of ministries; common databases of sectors; common databases of localities;

c. Other databases within an internal information system of state agencies not covered by points a and b of this clause;

2. The Ministry of Information and Communications shall take the lead and coordinate with relevant agencies to develop and submit to the Government for approval the list of national databases and update such list.

3. Specialized units for information technology under ministries, ministerial-level agencies, government agencies, provinces, centrally governed cities shall take the lead and coordinate with related units to develop and submit to the Minister, Head of a ministerial-level agency, government agency, Chairman of provincial people's committees of centrally governed cities for issuance and updating the list of databases under the management of ministries, sectors, and localities.

4. The list of databases of ministries, sectors, and localities must reflect the following contents:

a. Names of databases;

b. Description of the purpose, scope, and content of each database;

c. Mechanism for data collection, updates, and sources of collected data for each database;

d. List of data items including: open data, shared data through default sharing, shared data through special request sharing corresponding to each database and respective users.

5. Data on population, land, and businesses are basic data forming the foundation for developing the electronic government.

Article 12. List of national databases, maintaining the list of national databases

1. In cases where a database is added to the list, the list is amended, or a national database is removed from the list of national databases, the managing agency of the database shall submit a written proposal accompanied by an explanation of the reasons for the proposal to the Ministry of Information and Communications for consolidation and submission to the Government for consideration and decision to adjust the list of national databases.

a. Name of the national database;

b. Objective of building the national database;

c. Scope of data in the national database; information about the master data of the national database that will be stored and shared;

d. Users and purposes of using and exploiting the national database;

đ. Sources of information that will be built and updated into the national database;

e. Methods of sharing data from the national database.

3. National databases included in the list must meet the following requirements:

a. Data ensuring equivalent legal value to paper documents containing information provided by competent authorities;

b. Containing master data of the Government serving as a reference for synchronizing data between databases of ministries, sectors, and localities;

c. Data being shared and used by multiple ministries, sectors, and localities to serve administrative procedures, administrative reforms, and simplification of administrative procedures for citizens and businesses;

4. The list of national databases is updated according to the needs of applying information technology at different stages of development of the electronic government or when there are proposals from ministries, ministerial-level agencies, government agencies, provinces, and centrally governed cities.

Article 13. National Data Portal

1. It serves as the central provider of open data from state agencies on the internet to enhance transparency in government operations and promote innovation and socio-economic development.

2. It acts as the central provider of technical support, monitoring connectivity and data sharing among information systems within state agencies.

3. State agencies have the responsibility to monitor, register, and provide information about data and open data; manage open data; shareability of data and requirements for data exploitation on the national data portal.

4. The data sharing service management system is a component of the national data portal.

5. It fulfills other requirements related to state agency data governance.

Section 2

DATA MANAGEMENT, DATA SHARING, AND DATA EXPLOITATION

Article 14. Activities of data management, data sharing, and data exploitation

1. Activities of data management, data sharing, and data exploitation include:

a. Developing data strategies, data development plans, and databases ensuring the ability to connect, share, and collectively use data within state agencies;

b. Drafting legal regulations, data exploitation and usage rules for shared databases; data exchange structure standards; technical documents for data exchange;

c. Organizing, providing, exploiting, sharing, and using data to serve state agency activities and sharing data with organizations and individuals in accordance with the law;

d. Coordinating, inspecting, supervising, and resolving issues during the process of connecting and sharing data;

đ. Inspecting, evaluating, maintaining data; managing data quality;

e. Integrating data, analyzing, and summarizing data to support state management and long-term development strategy building.

2. Ministries, ministerial-level agencies, government agencies, provincial people's committees under the central government have the responsibility to organize and implement the activities stipulated in Clause 1 of this Article within their managed data scope, complying with legal provisions.

Article 15. Inspection, examination, and supervision of the data connection and sharing process

1. The Ministry of Information and Communications has the responsibility to conduct inspections and examinations of data connection and sharing activities within its authority; guiding inspections and examinations of data connection and sharing activities within state agencies.

2. Ministers, heads of ministerial-level agencies, government agencies have the responsibility to direct, inspect, and examine the data connection and sharing process within their managed ministries and sectors; Chairpersons of provincial people's committees under the central government bear the responsibility to direct, inspect, and examine local data management, connection, and sharing activities.

Article 16. Inspection, evaluation, and maintenance of data

1. Data must be inspected, evaluated, and maintained annually.

2. The content of data inspection and evaluation includes:

a) Inventory of data content items;

b) Evaluation of compliance with data standards, norms, and regulations;

c) Evaluation of data quality including data accuracy, data integrity, and regular data;

d) Evaluation of data maintenance, operation, update, update logs, and data exploitation;

đ) Evaluation of data sharing, user objects, and sharing purposes consistent with data exploitation and usage rules and regulations;

e) Other contents according to the guidance of specialized information technology management agencies suitable for specific time periods and stages.

3. Inspection and evaluation results must be documented, and at the same time, propose necessary activities to maintain data (if applicable).

4. Database managers are responsible for organizing periodic data inspections and evaluations and submitting reports to the specialized information technology units of ministries, ministerial-level agencies, government agencies, provinces, and centrally-administered cities before December 31 each year.

5. Within their management scope, specialized information technology units of ministries, ministerial-level agencies, government agencies, provinces, and centrally-administered cities have the responsibility:

a. Guide database managers to self-inspect and evaluate data;

b. Develop inspection and evaluation programs and plans for approval by the Minister, head of a ministerial-level agency, head of a government agency, or chairperson of a provincial people's committee under the central government, and implement these programs and plans.

6. Database managers are responsible for implementing measures to maintain data based on the results of data inspection and evaluation.

Section 3

OPEN DATA OF STATE AGENCIES

1. The activities of providing open data by state agencies to organizations and individuals shall be carried out according to the following principles:

a. Open data must be complete and fully reflect the content of information provided by state agencies;

b. Open data provided must be the most recently updated data;

c. Open data must be accessible for use on the internet;

d. Open data must ensure that digital devices can send, receive, store, and process it;

đ. Organizations and individuals have the freedom to access and use open data without requiring identity declaration when exploiting or using open data;

e. Open data must be in an open format;

g. Using open data is free;

h. Prioritize providing open data for data that citizens and businesses have a high demand for using.

2. The Minister, Head of a ministry-level agency, agency under the Government, Chairman of provincial People's Committees directly under the central government shall be responsible for issuing a list of open data of state agencies, organizing the development of plans and implementing the publication of open data of state agencies within their management scope.

1. Agencies, organizations, and individuals are permitted to freely copy, share, exchange, use open data or combine open data with other data; use open data in their commercial or non-commercial products and services.

2. Agencies, organizations, and individuals must cite and record information on the use of open data in related products and documents that use open data.

3. Open data of state agencies is raw data as published; it does not include presentation formats and information generated from the open data already provided.

4. Agencies, organizations, and individuals may not sell raw open data obtained from state agencies to other organizations or individuals. When using open data in their commercial products or services, they must provide the open data free of charge along with those products or services.

5. State agencies are not liable for any losses or damages incurred by agencies, organizations, or individuals due to the use of open data.

Within their management scope, ministries, ministry-level agencies, agencies under the Government, Provincial People's Committees directly under the central government shall be responsible for implementing the following contents:

1. Developing and implementing plans on open data, including plans for publishing open data and the minimum level to be achieved at each stage of the plan.

2. Determining mechanisms for collecting and analyzing feedback information from individuals and organizations regarding the use of open data; designating points of contact to receive feedback information from organizations and individuals concerning issues related to quality, availability, format, compliance with relevant laws governing open data.

3. Taking necessary preventive measures to maintain the construction and publication of relevant open data directly related to activities protecting human safety and property affected by the implementation of open data plans within their agencies.

4. Implementing measures to encourage organizations and individuals to use open data:

a. Accepting feedback from organizations and individuals to determine priority levels and implement the publication of open data in accordance with needs;

b. Supporting organizations and individuals in society and communities in carrying out activities to build and contribute to expanding open data.

1. Do not disclose personal information; assess and limit the risk of disclosing personal information when combined with other information.

2. Ensure safety and security when using open data, including risks caused by open data or risks arising from the combination of open data with other data.

3. The list of open data must be reviewed and amended (if necessary) periodically, at least once every six months; open data published according to the list must be updated or supplemented (if necessary) within a period not exceeding three months from the date of publication.

4. Comply with relevant legal provisions.

1. Open data of state agencies shall be provided through the following methods:

a. Providing packaged data that allows organizations and individuals to download and use;

b. Providing data through data sharing services.

2. Open data must be published on the national data portal.

Section 4

ENSURE CAPABILITY FOR CONNECTION AND DATA SHARING

Article 22. Regulations on Exploitation and Use of Shared Data

1. Connecting, sharing, and using data of state agencies must comply with the regulations on exploitation and use of data issued by the managing agency. The regulations on exploitation and use of data are defined by groups of main data or by databases.

2. Regulations on exploitation and use of data must be publicly disclosed.

Article 23. Methods of Data Sharing

1. Methods of data sharing include:

a. Online connection and sharing of data between information systems of the data-providing agency and the data-utilizing agency on the network environment;

b. Online connection and sharing of data by synchronizing all or part of the data between the databases of the data-providing agency and the data-utilizing agency;

c. Sharing packaged data stored on information storage media.

2. Encourage the application of the data-sharing method prescribed in point a of Clause 1 of this Article.

3. For the data-sharing methods prescribed in points a and b of Clause 1 of this Article, data sharing is determined continuously over a period or without a specified period from the time the data-providing agency accepts data sharing according to the regulations on exploitation and use of data.

4. The data-providing agency must announce the form of data sharing and its capability to connect to the database according to the provisions of this Decree when publicly announcing the data-sharing service.

Article 24. Data-Sharing Services

1. Connection, provision, and exploitation of data between information systems must be carried out through data-sharing services.

2. The managing body of the database has the responsibility to establish and announce data-sharing services and technical documents necessary to serve the purpose of accessing data under its management.

3. Information about data-sharing services includes:

a. List of data-sharing services and necessary technical parameters and documents;

b. Exchange data structure of shared data complying with current technical standards and norms;

c. Other necessary information about data-sharing services that the data-sharing service provider needs to provide to the data-utilizing agency to facilitate access, connection, and use of data-sharing services.

Article 25. Publicizing Information on Data Sharing Services

1. The agencies providing data sharing services shall be responsible for publicly posting information about their data sharing services on the Data Sharing Service Management System within one working day from when the data sharing service is ready to accept data sharing connections.

2. In cases of changes or updates to data sharing services, the agencies providing data sharing services must update the information about the data sharing services on the Data Sharing Service Management System immediately upon such changes or updates.

3. Information about data sharing services must be posted fully, promptly, and accurately.

4. Agencies providing data services shall be responsible for managing the catalog of data sharing services and related information and documents; receiving, processing requests, proposals, and suggestions from agencies utilizing the publicly disclosed data sharing services on the Data Sharing Service Management System.

5. Specialized units for information technology under ministries, ministerial-level agencies, and government agencies shall be responsible for supporting state agencies within their management scope to implement the posting, updating, and management of information about data sharing services when necessary.

Article 26. Data Sharing Service Management System

1. The Data Sharing Service Management System is a centralized information management system for the catalog of data sharing services provided by state agencies, uniformly constructed and managed by the Ministry of Information and Communications to provide for the exploitation and use by state agencies.

2. Roles and functions of the Data Sharing Service Management System:

a. Centralized management of information about data sharing services nationwide;

b. Supporting data-providing agencies in reporting and updating information about data sharing services;

c. Assisting state agencies in searching, accessing, and exploiting shared data sources and data services;

d. Supporting the acceptance of connection and exploitation requests for data sharing services;

e. Providing other supportive functions to facilitate data connection and sharing among state agencies.

3. State agencies shall search for information about data sharing services on the Data Sharing Service Management System to implement connections, sharing, and exploitation of available data sources from state agencies.

Article 27. Infrastructure for Connection and Data Sharing

1. Agencies providing and using data shall be responsible for ensuring infrastructure conditions serving data connection and exchange, including:

a. Information systems and network connection infrastructure suitable for providing and exploiting data;

b. Tools and measures to protect and authenticate data during sharing and usage;

c. Other technical conditions serving data connection, provision, and exploitation and usage.

2. When building information systems and databases within state agencies, there must be components serving data connection and sharing, including:

a. Building shared data structures and data derived from sharing;

b. Building components for external data sharing connections and services;

c. Managing, operating, and maintaining data sharing connections.

3. The Ministry of Information and Communications shall take the lead and coordinate with relevant agencies to build a national integration and data sharing platform to serve data connections and sharing between ministries, ministerial-level agencies, government agencies, provinces, and centrally-administered cities.

4. Specialized units for information technology under ministries, ministerial-level agencies, government agencies, provinces, and centrally-administered cities shall take the lead in building and maintaining infrastructure for data connection and sharing to serve internal data connections and sharing within ministries, ministerial-level agencies, government agencies, provinces, and centrally-administered cities, and connections and sharing with other ministries, ministerial-level agencies, government agencies, provinces, and centrally-administered cities.

Article 28. Safeguarding Security During Connection and Data Sharing

The connection and data sharing must comply with legal provisions on information security, cybersecurity, and the following regulations:

1. The system management subject participating in the connection and data sharing process shall be responsible for ensuring information security and safety when data is managed, stored, processed, and transmitted on their own system.

2. The data exploitation agency shall be responsible for ensuring information security and safety during the connection and receipt of shared data according to the regulations of the data provider agency and relevant laws.

Article 29. Funding for Connection and Data Sharing

1. For funding to implement investment in building infrastructure for connection and data sharing; national-level and provincial-level data integration and sharing platforms, and National Database sources, the funding source shall be guaranteed by the central budget and local budgets according to the principle:

a. The central budget shall ensure funding for ministries, agencies at the ministerial level, government agencies, and support localities that have not yet balanced their budgets;

b. Local budgets shall ensure funding for localities that have budget revenue redistribution from the central budget or significant increases in revenue; using retained fees outside the budget balance as prescribed, lawful fundraising sources (if any);

c. Prioritize and encourage investment through cooperation with the private sector, especially through leasing information technology services, utilizing resources from various economic sectors to develop systems, with the central budget paying annual service lease fees.

2. For individual tasks and projects of ministries, sectors, and localities (excluding national-level and provincial-level data integration and sharing platforms):

a. Ministries, sectors, and localities shall balance from the budget estimate to implement or lease information technology services for projects with revenue sources from project revenues;

b. For particularly difficult mountainous localities that cannot balance funds according to needs, the central budget will provide partial funding support according to the approval of the competent authority.

3. Maintenance, operation, and implementation funding for connection and data sharing is budgeted within the management, operation, and maintenance costs of information systems and databases and is balanced from the regular state budget funding annually according to the budget classification (funding for non-recurring tasks without self-management status) of state agencies.

Article 30. Human Resources for Connection and Data Sharing

1. Human resources for connection and data sharing shall be utilized from existing personnel managing and operating information systems; leasing information technology services and other sources as prescribed by law.

2. State agencies providing and using data shall be responsible for ensuring human resource conditions for management, connection, and sharing.

Chapter III

IMPLEMENTATION OF CONNECTION, SHARING, AND USE OF DATA

Section 1

ORGANIZATION OF CONNECTION AND DATA SHARING

Article 31. Connection and Data Sharing Between Ministries, Agencies at the Ministerial Level, Government Agencies, Provinces, and Central Cities

1. The Prime Minister is responsible for directing the management, connection, and sharing of data between ministries, sectors, and localities; promptly resolving difficulties and obstacles during the implementation of this Decree.

2. The Ministry of Information and Communications shall be responsible for:

a) Issuing related regulatory documents and guidelines on data management, connection, and sharing;

b) Urging, evaluating, and inspecting the implementation of data connection and sharing, compliance with data connection and sharing regulations, advising the Prime Minister to resolve management, connection, and sharing issues;

c) Coordinating data connection and sharing between ministries, agencies at the ministerial level, government agencies, provinces, and central cities on the national data integration and sharing platform;

d) Compiling and publishing statistical information on the data sharing status of ministries, agencies at the ministerial level, government agencies, provinces, and central cities.

3. Ministries, sectors, and localities shall proactively prepare necessary conditions, implement connections, provide data, and exploit actual data to meet requirements and implement connections.

Article 32. Connection and sharing of data within ministries, ministerial-level agencies, government agencies, and centrally governed cities and provinces

1. The head of ministries, ministerial-level agencies, government agencies, the Chairman of the People's Committee of centrally governed cities and provinces shall be responsible for directing the management, connection, and sharing of data within their respective ministries, sectors, and localities.

2. The specialized units on information technology of ministries, ministerial-level agencies, government agencies, centrally governed cities and provinces shall be responsible for:

a) Guiding the management, connection, and sharing of data within their scope of management;

b) Monitoring, urging, evaluating, and inspecting the connection and sharing of data between agencies and units within ministries, ministerial-level agencies, government agencies, centrally governed cities and provinces, advising the head to resolve difficulties and issues related to the management, connection, and sharing of data;

c) Coordinating the connection and sharing of data, guiding and supporting agencies and units to connect beyond the scope of ministries, ministerial-level agencies, government agencies, and centrally governed cities and provinces.

3. Agencies and units under ministries, ministerial-level agencies, government agencies, centrally governed cities and provinces shall be responsible for organizing connections, preparing necessary conditions to meet requirements and implement the connection and sharing of data.

Section 2

DEFAULT DATA SHARING

Article 33. Preparation and Implementation of Data Provision

The data-providing agency shall carry out the following contents:

1. Identifying and standardizing data provided through default data sharing.

2. Determining the list of data to be shared according to the default data sharing method.

3. Developing data sharing services and documents guiding the connection and exploitation of data.

4. Publicizing data sharing services in accordance with Article 25 of this Decree.

5. Receiving requests for connection to use data sharing services and exploit data from agencies requiring such services.

6. Implementing the connection and sharing of data.

Article 34. Data Shared Through Default Sharing Method

1. Data shared through the default sharing method includes the following types of data:

a) Primary data in the national database;

b) Primary data in the databases of ministries, sectors, and localities;

c) Common catalog data;

d) Other types of data used by many state agencies in the same format, structure, data standards, and specifications.

2. Ministers, heads of ministerial-level agencies, government agencies, Chairmen of the People's Committees of centrally governed cities and provinces must issue, review at least every six months, and update the list of data shared through the default method, and consider gradually transitioning data sharing based on special requirements to the default method when conditions permit.

Article 35. Requesting Connection and Exploitation of Data

1. Agencies and units submit requests for connection and exploitation of data online through the Data Sharing Service Management System. In cases where the Data Sharing Service Management System is not yet ready, they should submit requests in a suitable form accepted by the data-providing agency.

2. Content of the request for connection and use of data:

a) Identification and name of the requesting agency or unit;

b) Identification and name of the application for connecting and exploiting data (if necessary);

c) Purpose and solution for using data after exploitation;

d) Content of the requested data, specifying the name and quantity of each item of information to be received;

đ) Identification code and name of the data sharing service;

e) Frequency of data exploitation;

g) Any other necessary information (if applicable).

Section 3

CHIA SẺ DỮ LIỆU THEO YÊU CẦU ĐẶC THÙ

Article 36. Principles for Sharing Data Based on Special Requests

1. Data sharing under this method shall only be carried out when such data cannot be accessed through default data sharing methods.

2. The data provider agency and the data user agency must exchange and agree on the contents to be implemented for connecting, sharing, and utilizing data.

3. The agreed contents of data sharing must be recorded in writing, electronic text, or supported information systems (if available).

4. Agencies that have not participated in data sharing and utilization based on effective agreed data sharing contents have the right to request participation and become one of the parties implementing such contents.

5. The agreed contents of data sharing must be made public to the participating agencies connecting and sharing data; sent to the competent authority upon request.

Article 37. Procedures for Preparing Connection and Data Sharing

The data provider agency and the data user agency are responsible for coordinating to implement the following contents:

1. Reviewing requirements, regulations, necessary conditions, and activities needed to connect and share data.

2. Collaborating to draft the unified contents of data sharing.

3. Confirming (signing) the unified contents of data sharing.

4. Implementing according to the unified contents of data sharing.

Article 38. Unified Contents of Data Sharing

1. List of agencies providing and using data.

2. Contents of data to be shared between agencies.

3. Locations for sharing and using data.

4. Timeframes for connection and use of data.

5. Methods and ways of sharing data.

6. Methods and ways of handling data after receiving it.

7. Conditions and limitations on sharing and using shared data.

8. Commitments from agencies to comply with data protection regulations and the unified contents of data sharing.

9. Security measures and authentication applied to data transmission, storage, and access.

10. Requirements related to storing data after sharing; data generated from processing shared data during and after the implementation period of the unified contents of data sharing.

11. Methods used to delete or destroy data after sharing or at the end of the data sharing activity.

12. Other issues affecting data sharing that participating agencies have agreed upon.

Article 39. Implementation of Connection, Data Sharing, and Utilization

The implementation of data connection, sharing, and utilization is carried out according to the unified contents of data sharing agreed upon by the agencies. During the implementation process, if there are changes in the unified contents, these must be updated to serve as a basis for monitoring, supervision, and resolving arising issues.

Section 4

MANAGEMENT OF CONNECTION AND DATA SHARING

Article 40. Accounts and Account Management for Connection

1. Except in cases where data sharing does not require authentication of the data user agency (as stipulated in the regulation on the exploitation and use of shared data), the connection and data sharing for the data user agency using a connection account with appropriate identification and authentication forms for agencies and organizations requiring connection as prescribed by law shall be conducted.

2. In cases of data connection and sharing through intermediary systems, the database manager may entrust the intermediary system management unit to manage and issue connection accounts and data usage.

3. The issuance and authentication of connection and data usage accounts must comply with the regulations on the exploitation and use of the relevant shared database.

Article 41. Term of Use of Data After Extraction

1. Data extracted from shared databases has a specified term of use. The term of use must be clearly stated in the regulation on extraction and use of shared data of that database.

2. The term of use of data is defined as follows:

a) Data extracted through the method prescribed in point a, Clause 1, Article 23 of this Decree shall have immediate usability upon extraction unless otherwise provided;

b) Data extracted according to the method prescribed in point b, Clause 1, Article 23 of this Decree may be used for a specified period. The term of use of data starts from the last synchronization time from the source database to the target database. Upon expiration of the term of use, data in the target database will lose its usability or the target database must synchronize data again with the source database;

c) Data extracted according to the method prescribed in point c, Clause 1, Article 23 of this Decree may be used multiple times within a limited timeframe. Upon expiration of the limited timeframe, the data will lose its usability.

Article 42. Storage of Data When Connecting and Extracting

The data extraction agency may store and use data in one of the following cases:

1. To use data within the term prescribed in Article 41 of this Decree.

2. To ensure the performance of the data extraction and usage system.

3. In cases where storage is permitted by regulations.

Article 43. Suspension of Connection and Provision of Data on Network Environment by the Data Provider Agency

1. The data provider agency suspends the provision of data sharing services to all data extraction agencies in the following cases:

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

b) Force majeure causing service interruption, disconnection, or affecting the operation of the information system, data security.

2. The data provider agency suspends the provision of data to one or several data extraction agencies in the following cases:

a) The data extraction agency violates the data extraction and use regulations;

b) Data connection is determined to pose a risk to security and safety.

3. In the case of suspension of connection and service provision under point a, Clause 1 of this Article, the data provider agency must publicly announce on the electronic portal at least seven working days before proactively suspending the data sharing service, while simultaneously announcing the expected recovery period for resuming data sharing service activities to repair, mitigate incidents, or upgrade and expand the information infrastructure. The implementation time for upgrades, expansions, and maintenance of the system must be minimized and risks to data users caused by service interruptions and suspensions must be reduced to the lowest extent possible.

4. In the case of force majeure requiring suspension of data sharing services under point b, Clause 1 of this Article, the data sharing service provider agency must publicly announce in an appropriate manner and promptly implement measures to mitigate incidents.

5. In the case prescribed in Clause 2 of this Article, the data provider agency must notify the data extraction agency within the latest one day from the time of identifying violations of the following contents:

a) Violation content, violation handling plan;

b) Necessary requirements to maintain or restore connection.

Article 44. Termination of Connection and Data Sharing through Network Environment

1. The data provider agency has the right to terminate the connection and data sharing through network environment for the data utilizing agency in the following cases:

a) The purpose of using data by the data utilizing agency is no longer appropriate with the initial registration purpose;

b) The connection cannot be restored due to technical issues or objective conditions that the data providing agency cannot continue to maintain data sharing services;

c) At the request of the competent authority in accordance with the provisions of the law;

d) The data utilizing agency does not have the need to continue connecting and utilizing data or the content of agreed data sharing has expired.

2. The data utilizing agency shall fulfill all obligations (if any) during the termination of connection and data sharing.

3. The data providing agency shall notify the results of terminating the connection and data sharing to the data utilizing agency and related agencies.

Article 45. Logging of Data Sharing History

1. The data providing agency must retain the history of information requests for data from the data utilizing agency, the content of shared data to the data utilizing agency as a basis for comparison and resolution of issues regarding data usage after utilization.

2. The content of historical information stored includes:

a) Time, form of data request, provision of data;

b) Identification of the agency requesting data utilization;

c) Content of the request;

d) Status of request response; content of shared data (if necessary);

đ) Other necessary information as a basis for comparison and resolution of issues when using data.

3. The retention period of the log is carried out according to the regulations on data utilization and use.

Article 46. Models of Connection and Data Sharing

Connection and data sharing between information systems and databases are implemented according to one of the models in the following priority order:

1. Connection through intermediary systems: national integration and data sharing platform; central and provincial level connectivity infrastructure according to the Vietnam e-Government Architecture Framework, e-Government Architecture, and e-Government approved by competent authorities.

2. Direct connection between information systems and databases when intermediary systems are not ready or the management agencies of intermediary systems determine that intermediary systems cannot meet the requirements for connection and data sharing.

Section 5

RESOLUTION OF CONNECTION AND DATA SHARING ISSUES

Article 47. Issues Arising from Connection, Data Sharing, and Utilization

Management, connection, and data sharing issues include:

1. Issues regarding rights and obligations for data sharing and utilization as prescribed by law.

2. Issues regarding technical infrastructure for connection and data sharing implementation.

3. Issues regarding the application and compliance with data standards, norms, and regulations.

4. Issues regarding the quality of shared data and post-sharing data usage.

5. Issues regarding data connection and sharing solutions.

6. Other issues affecting management, connection, and data sharing.

Article 48. Competent Authority for Receiving and Resolving Issues

1. The data providing agency is responsible for receiving and resolving issues arising from connection and data usage provided by itself.

2. The Minister, Head of a ministry-level agency, agency under the Government, Chairman of the People's Committee of provinces and centrally governed cities are responsible for handling issues related to data sharing within their ministries, sectors, and localities.

3. The Ministry of Information and Communications receives and resolves issues related to technology, technology application, and technical standards and norms.

4. The Prime Minister directs the resolution of issues related to connection and data sharing between ministries, sectors, and localities.

Article 49. Procedures for Handling Obstacles

Except where procedures for handling obstacles have been specifically provided for in relevant documents issued by competent authorities, the procedures for handling obstacles shall be carried out as follows:

1. The data exploitation agency encountering obstacles in data connection and sharing shall send requests to the data-providing agency for guidance and resolution of such obstacles. Within seven working days from the date of receiving the request for resolution, the data-providing agency must provide answers and guidance on resolving the obstacles for the data exploitation agency.

2. In cases where obstacles cannot be resolved according to Clause 1 of this Article, the agency encountering obstacles shall submit information to the specialized unit responsible for information technology under ministries, ministerial-level agencies, government-affiliated agencies, provincial-level people's committees for consideration and guidance on resolution.

Within seven working days from the date of receiving the request for resolution, the specialized unit responsible for information technology must guide related agencies to implement solutions to resolve obstacles if within its authority, or coordinate with related agencies to propose solutions and report to the Minister, Head of a ministerial-level agency, government-affiliated agency, Chairman of a provincial-level people's committee for decision-making.

3. In cases where obstacles arise in data connection and sharing between ministries, sectors, localities, or cannot be resolved according to Clause 2 of this Article, based on the obstacles, the Minister, Head of a ministerial-level agency, government-affiliated agency, Chairman of a provincial-level people's committee shall issue a document requesting the Ministry of Information and Communications to handle the matter or report to the Prime Minister for resolution.

Article 50. Resolution Plan and Implementation of Compliance with the Resolution Plan for Obstacles

1. Principles for Resolving Obstacles:

a) Ensuring compliance with relevant legal provisions;

b) Respecting the unified content of data sharing agreed upon by participating agencies (if applicable);

c) Ensuring harmony of interests among state agencies for common purposes, respecting self-resolution plans of related agencies.

2. Related agencies are responsible for complying with the resolution plan for obstacles issued by the competent authority.

3. The authority responsible for resolving obstacles is responsible for checking to ensure compliance with the obstacle resolution plan.

Chapter IV

RIGHTS AND RESPONSIBILITIES IN DATA CONNECTION AND SHARING

Article 51. Rights and Responsibilities of Data-Providing Agencies

1. The rights of data-providing agencies include:

a) Refusing requests for data sharing if the request for data provision does not comply with the provisions of this Decree and relevant laws. In this case, the data-providing agency must clearly state the reasons for refusal and notify the competent authority receiving and resolving obstacles as stipulated in Article 48 of this Decree;

b) Requesting agencies or units using data to report on the situation of data usage shared when there are signs that the data usage is inconsistent with the regulations on data exploitation and use and legal provisions;

c) Temporarily suspending or terminating data connection and sharing according to Articles 43 and 44 of this Decree.

2. The responsibilities of data-providing agencies include:

a) Completing information infrastructure to be ready for data connection and sharing;

b) Building and perfecting data-sharing guidelines;

c) Managing and publishing data in accordance with legal provisions; ensuring data management by the agency is consistent with practical data management;

d) Ensuring the quality of provided data; updating data promptly; correcting and adjusting when there are discrepancies in data;

đ) Reviewing and evaluating information infrastructure, limiting infrastructure conditions that hinder data provision and sharing; assessing obstacles and proposing solutions to overcome them in data sharing; reporting to the competent authority and the state management agency for data sharing;

e) Reporting to the competent authority on the situation of data provision and exchange when requested;

g) Cooperating with data-exploitation agencies and the authority responsible for resolving obstacles to resolve disputes during data sharing and use;

h) Sharing personal and organizational data currently managed with other state agencies when such individuals or organizations request it.

Article 52. Rights and responsibilities of organizations and individuals exploiting and using data

1. Organizations and individuals exploiting and using data have the following rights:

a) To exploit and use data for appropriate purposes;

b) To request competent authorities to resolve issues affecting their rights to exploit and use shared data.

2. Organizations and individuals exploiting and using data have the following responsibilities:

a) To comply with the provisions of this Decree and the regulations of competent authorities on connecting and sharing data;

b) To exploit and use data within the permitted scope according to the data exploitation and usage regime, unified shared data content, and related documents;

c) To promptly notify the data-providing agency about errors in the shared data;

d) To cooperate with competent authorities and data-providing agencies to resolve issues during the sharing and use of data.

Article 53. Responsibilities of ministries, ministerial-level agencies, and government agencies

The Ministry of Information and Communications shall be responsible before the Government for state management of basic information, including the following responsibilities:

c) To collect and publish lists of data-providing agencies and categories of provided data as a basis for state agencies to exploit and use. To collect and manage common category data nationwide for agencies in need;

d) To collect and evaluate connections under the form of special data sharing to require data-providing agencies to convert to default data sharing forms;

đ) To implement solutions, initiatives, and utilities to support data sharing, assist participants in online administrative procedures based on data connection and sharing;

2. Ministry of Planning and Investment

To allocate funds for investment and development to build and upgrade information systems to meet management requirements, data connection, and sharing as stipulated in this Decree and relevant laws;

3. Ministry of Finance

a) To guide ministries, ministerial-level agencies, government agencies, People's Committees at all levels, and related organizations and individuals to balance and allocate funds to implement infrastructure and information system investments serving data connection and sharing;

b) To allocate regular funds to perform management, connection, and data sharing tasks in accordance with the State Budget Law and guiding documents;

4. Ministry of Public Security

To guide and implement measures to ensure cybersecurity during the process of data connection and sharing;

5. Ministries, ministerial-level agencies, and government agencies

a) To implement and direct specialized units on information technology to carry out assigned tasks under this Decree. To organize the implementation of tasks as the data-providing agency for data under its management as stipulated in this Decree;

b) To establish data exchange structure standards or technical regulations, data sharing regimes and procedures within the scope of specialized data under their management authority; to issue data exploitation and usage regimes for national databases they are responsible for managing, and databases of ministries and sectors under their management scope;

c) To allocate funds for data connection and sharing activities;

d) Based on actual conditions, to adjust or propose adjustments to regulatory documents to simplify administrative and specialized administrative procedures based on exploited shared data.

Article 54. Responsibilities of provincial people's committees and municipal people's committees under central government jurisdiction

1. Implement and direct specialized units on information technology to carry out tasks assigned in this Decree. Organize the implementation of tasks with the role of data providers for data they manage according to this Decree.

2. Issue regulations on the exploitation and use of data from local databases within their management scope.

3. Submit to the Provincial People's Council budget allocation to perform management, connection, and sharing of data as prescribed by the Law on State Budget and related guiding documents.

4. Direct subordinate agencies and units to develop plans for connecting and using data; organize compatible information systems to be ready to connect and share data with national databases; databases of ministries and sectors, and information systems serving state agency operations.

Chapter V

IMPLEMENTING PROVISIONS

Article 55. Transitional Provisions

1. The managing body of the national database approved by competent authorities shall be responsible for reviewing and submitting information as stipulated in Clause 2, Article 12 of this Decree within three months from the date this Decree takes effect to the Ministry of Information and Communications so that the Ministry can compile a list of national databases to submit to the Government for approval.

2. For databases of ministries, sectors, and localities as specified in Article 11 of this Decree, the Ministers, Heads of ministerial-level agencies, governmental agencies, and Chairpersons of provincial and municipal people's committees directly under central government jurisdiction shall be responsible for organizing reviews and issuing lists of databases of their ministries, sectors, and localities within six months from the date this Decree takes effect and updating when changes occur.

3. For data connections and sharing activities ongoing before the effective date of this Decree, continue maintaining data sharing. Managing bodies of information systems and databases shall be responsible for reviewing and implementing contents ensuring compliance with this Decree when carrying out upgrade and expansion projects (if any).

4. Ministries, ministerial-level agencies, governmental agencies, and provincial and municipal people's committees directly under central government jurisdiction within their respective scopes shall be responsible for reviewing legal documents and provisions limiting data connections and sharing to amend, propose competent authorities to amend, replace, or abolish them in accordance with this Decree.

Article 56. Effective Date

This Decree takes effect from May 25, 2020. In cases where legal documents and provisions cited in this Decree are amended, supplemented, or replaced, the new legal documents shall apply.

Article 57. Responsibility for Implementation

1. The Ministry of Information and Communications shall be responsible for guiding, inspecting, and urging the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of governmental agencies, Chairpersons of provincial and municipal people's committees directly under central government jurisdiction, and relevant agencies, organizations, and individuals shall be responsible for implementing this Decree.

3. Party organs at all levels, the National Assembly, the President's Office, People's Councils, People's Procuratorates, People's Courts, and other political-social organizations shall base themselves on this Decree to make appropriate regulations for implementation in their respective agencies and organizations./.