Decree No. 52/2015/ND-CP on the National Legal Database

DECREE

National Legal Documents Database

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

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

Pursuant to the Law on Popularizing and Promoting Legal Awareness dated June 20, 2012;

At the proposal of the Minister of Justice,

The Government issues the Decree on the National Legal Documents Database.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the construction, management, maintenance, updating, exploitation, and use of the National Legal Documents Database; the responsibilities of Ministries, ministerial-level agencies, other central state agencies (including the Supreme People's Court, the Supreme People's Procuracy, the State Audit Office), provincial People's Committees, and municipal People's Committees directly under the Central Government (hereinafter referred to as provincial People's Committees) in constructing, managing, maintaining, updating, exploiting, and using the National Legal Documents Database.

Article 2. National Legal Documents Database

1. The National Legal Documents Database is a collection of normative legal documents and consolidated documents of normative legal documents (hereinafter referred to as documents) in electronic form, uniformly managed by the Government, including component databases: the Central Legal Documents Database and the Local Legal Documents Database.

2. The National Legal Documents Database is constructed uniformly for nationwide use to provide accurate and timely documents to meet the needs of state administration, legal dissemination, research, understanding, application, and enforcement of laws by agencies, organizations, and individuals.

Article 3. Information of Documents on the National Legal Documents Database

1. Documents on the National Legal Documents Database:

a) Normative legal documents issued or jointly issued by central state agencies and normative legal documents issued by provincial People's Councils and provincial People's Committees in accordance with the Law on Enacting Normative Legal Documents;

b) Consolidated documents of normative legal documents (hereinafter referred to as consolidated documents).

2. Basic information of normative legal documents:

a) Number, code, summary, content, type of document, issuing agency, name of signatory, position of signatory, date of issuance, effective date, status of effectiveness;

b) Related documents including the legal basis for issuance and documents cited in the document;

c) Process of changing the effectiveness of the document;

d) Other necessary information (if any).

3. Basic information of consolidated documents:

a) Number, code, summary, content, type of consolidated document, consolidating agency, name of certifying signatory, position of certifying signatory, date of certification;

b) Amended and supplemented documents and documents amending and supplementing;

c) Other necessary information (if any).

Article 4. Use of Documents on the National Legal Documents Database

Documents on the National Legal Documents Database are officially used in state administration, legal dissemination, research, understanding, application, and enforcement of laws by agencies, organizations, and individuals.

Article 5. Funding to Ensure Construction, Management, Maintenance, and Updating of Documents on the National Legal Documents Database

1. Investment funding for the construction of the National Legal Documents Database is ensured from the state budget and other lawful sources in accordance with the provisions of the law.

2. Funding for the management, maintenance, and updating of documents on the National Legal Documents Database for Ministries, ministerial-level agencies, and other central state agencies; state agencies and units at the local level is guaranteed by the state budget according to the分级权限体系，请问这里的翻译是否准确完整地反映了原文的法律意义，且没有添加任何解释或推断？如果有缺失或错误的地方，请指出并改正。

3. Illegally distorting, changing, deleting, or destroying data.

1. Destroying the information infrastructure system or obstructing the operation process to maintain the stability and continuity of the National Legal Database.

2. Illegally accessing to perform acts that distort, alter, delete, or destroy data in the National Legal Database.

Chapter II

CONSTRUCTION, MANAGEMENT, MAINTENANCE, UPDATE, EXPLOITATION AND USE OF DOCUMENTS IN THE NATIONAL LEGAL DATABASE

Section 1

CONSTRUCTION, MANAGEMENT AND MAINTENANCE OF THE NATIONAL LEGAL DATABASE

Article 7. Principles for building, managing, and maintaining the National Legal Database

1. The National Legal Database shall be constructed centrally and uniformly.

2. The National Legal Database shall be strictly managed to ensure safety and long-term storage.

3. The National Legal Database shall be continuously maintained to ensure stability, smooth operation, and meet the requirements for accessing and using legal documents by agencies, organizations, and individuals.

Article 8. Building the National Legal Database

1. The construction of the National Legal Database must ensure:

a) Compliance with the national information system architecture, meeting database standards and technical standards, information technology standards, and economic-technical norms;

b) Compatibility, integration capability, information sharing, and data field expansion capacity in system design and application software.

2. The design of the National Legal Database structure must ensure expandability and development.

Article 9. Operation, Maintenance, Monitoring, Upgrading, and Development of the National Legal Database

1. Ensuring the information infrastructure systems, related equipment, and environment for installing and operating the National Legal Database.

2. Implementing measures to ensure physical security and environmental conditions at the electronic data center. Control measures for activities entering and exiting this area shall be implemented.

3. Implementing backup measures to ensure system recovery capabilities in case of incidents. Backup data must be securely protected, regularly tested, and system restoration from backup data must be conducted periodically to ensure readiness for use when necessary.

4. Implementing maintenance, repair, and troubleshooting measures to ensure continuous 24-hour operation of the National Legal Database every day.

5. Conducting monitoring activities to alert against any violations of the National Legal Database's security.

6. Regularly reviewing and proposing upgrade and development plans for the hardware and software infrastructure of the National Legal Database to meet actual needs.

Article 10. Ensuring Security of the National Legal Database

1. Using encrypted channels and user authentication for the following activities: System management login; application login; automatic data transmission between servers; data entry and editing.

2. Encrypting the National Legal Database communication channels.

3. Applying measures to ensure data authenticity and integrity within the National Legal Database.

Clause 4. Implement logging of creation, modification, deletion of data information to serve management and monitoring of the system.

5. Establishing and maintaining a backup system to ensure continuous operation.

6. Implementing other necessary measures to ensure the security of the National Legal Database.

Article 11. Management of National Legal Database Administrative Accounts

The Ministry of Justice shall manage administrative accounts as follows:

1. Issuing and revoking administrative accounts for the National Legal Database.

2. Granting administrative permissions for each component database.

3. Limiting, reviewing, and auditing administrative permissions for the National Legal Database granted to individuals.

Section 2

UPDATING DOCUMENTS ON THE NATIONAL LEGAL DATABASE

Article 12. Principles for updating legal documents

1. Updated legal documents must ensure accuracy, timeliness, completeness, and sufficiency.

2. Electronic signatures shall be used to authenticate the content of legal documents when updating them on the National Legal Database.

3. Documents listed in the State secrets directory or those prohibited from being publicly posted online shall not be published.

Article 13. Responsibilities for Updating Legal Documents

1. Responsibilities for updating legal regulatory documents:

a) The Minister, Head of a ministry-level agency, and Heads of other state agencies at the central level shall be responsible for organizing the updating of legal regulatory documents issued by themselves or primarily drafted by them.

For legal regulatory documents issued by the National Assembly or jointly issued but not primarily drafted by the ministries, ministry-level agencies, or other state agencies at the central level, the Minister of Justice shall organize the updating.

b) The Chairman of the People's Committee of a province shall be responsible for organizing the updating of legal regulatory documents issued by the Provincial People's Council and People's Committee.

2. Responsibilities for updating consolidated documents:

a) The Minister, Head of a ministry-level agency, and Heads of other state agencies at the central level shall be responsible for organizing the updating of consolidated documents within their consolidation authority as stipulated by the Ordinance on Consolidation of Legal Regulatory Documents.

b) The Minister, Head of a ministry-level agency, and Heads of other state agencies at the central level shall be responsible for organizing the updating of consolidated documents of the National Assembly and Standing Committee of the National Assembly that they primarily drafted.

c) For consolidated documents not within the updating responsibility of the agencies specified in points a and b of Clause 2 of this Article, the Minister of Justice shall organize the updating.

3. In cases where ministries, ministry-level agencies, or other state agencies at the central level are divided or merged, the responsibilities for updating legal documents shall be carried out as follows:

a) In the case where an agency is divided into several new agencies, the new agencies shall be responsible for updating legal documents issued by the agency before division within their respective areas of management.

b) In the case where several agencies are merged into one new agency, the new agency shall be responsible for updating legal documents issued by the agencies before merger.

4. In cases where provinces or centrally-administered cities (collectively referred to as provinces) have administrative boundary adjustments, the updating of legal documents shall be carried out as follows:

a) In the case where a province is divided into several new provinces, the People's Committee of the new province where the headquarters of the People's Committee of the province before division is located shall be responsible for updating legal documents issued by the People's Council and People's Committee of the province before division.

b) In the case where several provinces are merged into one new province, the People's Committee of the new province shall be responsible for updating legal documents issued by the People's Council and People's Committee of the provinces before merger.

5. Legal departments shall assist the Minister, Head of a ministry-level agency, and Departments of Justice shall assist the Chairman of the People's Committee of a province in carrying out the updating of legal documents.

6. For agencies without a legal department, the Head of the agency shall assign subordinate units to carry out the updating of legal documents.

Article 14. Procedures for Updating Legal Texts

1. The updating of legal texts shall be carried out according to the following procedures:

a) Using the original version of the legal text to perform the update;

b) Checking and comparing the electronic version of the text with the original version to ensure the accuracy, completeness, and integrity of the content of the text;

c) Updating information on the legal text in accordance with Clause 2 and Clause 3 of Article 3 of this Decree;

d) Attaching the text: The format of the attached text shall be implemented in accordance with the List of Technical Standards on the Application of Information Technology in State Agencies issued by the Ministry of Information and Communications. One of these formats must use an electronic signature to verify the integrity of the content of the text;

đ) Approving the publication of the text.

2. The agency responsible for updating legal texts shall use the results of the review of legal regulatory texts as stipulated in Government Decree No. 16/2013/NĐ-CP dated February 6, 2013, on reviewing and systematizing legal regulatory texts to compare and update information on the text in the National Legal Database.

Article 15. Inspection of the Results of Updating Legal Texts

1. The inspection of legal texts in the National Legal Database shall be conducted to identify and correct errors in the electronic text compared to the original text.

2. Content of Inspection:

Using the original text to inspect the displayed information as stipulated in Clause 2 and Clause 3 of Article 3 of this Decree.

3. Responsibility for Inspection:

a) The agency responsible for updating legal texts as stipulated in Article 13 of this Decree shall be responsible for inspecting the results of updating the text;

b) The inspection shall be carried out regularly, with the time of implementation determined by Ministries, agencies at the level of ministries, other state agencies at the central level, and provincial People's Committees based on the principle of ensuring the accuracy and timeliness of the published text.

Article 16. Time Limit for Providing Legal Texts

1. Within two working days from the date of promulgation or issuance for legal regulatory texts, and from the date of signing for consolidated texts, the unit assisting the Minister, Head of an agency at the level of a ministry, Head of another state agency at the central level, or Chairman of a provincial People's Committee in drafting the text must submit both the paper and electronic versions of the text to the unit responsible for updating the text.

2. The following legal regulatory texts must be submitted immediately to the unit responsible for updating the text on the day of promulgation or issuance:

a) Texts prescribing measures to be taken in emergency situations, texts issued to promptly meet requirements for disaster prevention and control, and disease prevention and control as provided for in the Law on Enacting Legal Regulatory Texts;

b) Texts that take effect from the date of promulgation or issuance.

Article 17. Time Limit for Publishing Legal Texts

1. Within fifteen working days from the date of receipt of the text as stipulated in Clause 1 of Article 16 of this Decree, the unit responsible for updating the text must publish the text on the National Legal Database.

2. Within two working days from the date of receipt of the text as stipulated in Clause 2 of Article 16 of this Decree, the unit responsible for updating the text must publish the text on the National Legal Database.

Section 3

EXPLOITATION AND USE OF TEXTS ON THE NATIONAL LEGAL DATABASE

Article 18. Principles for Exploitation and Use of Legal Texts

1. The national legal information database must ensure the right of organizations and individuals to access, exploit, and use legal texts; ensuring convenient search and exploitation of legal texts.

2. Organizations, agencies, and individuals have the right to exploit and use legal texts on the national legal information database free of charge.

Article 19. Responsibilities of Agencies, Organizations, and Individuals Regarding the Exploitation and Use of Legal Texts

1. Comply with current laws governing the use of information on networks.

2. Comply with regulations regarding the exploitation and use of legal texts on the national legal information database.

3. Encourage timely reporting of errors in published legal texts so that the updating agency can correct them. In cases where the exploiter or user cannot identify the updating agency, they should report to the Ministry of Justice to request the updating agency to correct the legal text.

Article 20. Correction of Legal Texts

1. When discrepancies are discovered or reported between the information in Clause 2 and Clause 3 of Article 3 of this Decree and the original legal text, the updating agency must correct the legal text.

2. The correction of legal texts must be carried out promptly and not exceed one working day from the time of discovery or receipt of the report.

3. After correcting the legal text, the updating agency must publicly announce the corrected content on the national legal information database.

Article 21. Extraction, Connection, and Integration of the National Legal Information Database

1. The section or page containing legal normative documents on the portal or website of Ministries, ministerial-level agencies, other central agencies, and provincial People's Committees must extract data from the national legal information database.

2. Other specialized databases using legal texts when upgrading or building new systems must ensure connectivity and integration with the national legal information database.

3. The specialized information technology units of Ministries, ministerial-level agencies, other central agencies, and provincial People's Committees are responsible for performing the tasks specified in Clauses 1 and 2 of this Article.

4. The connection and exchange of legal texts between the national legal information database and other information systems using legal texts shall be carried out according to technical guidelines for interconnection among management and operation systems within state agencies.

Chapter III

RESPONSIBILITIES OF STATE AGENCIES FOR THE NATIONAL LEGAL INFORMATION DATABASE

Article 22. Responsibilities of the Ministry of Justice

1. Assist the Government in managing the national legal information database and have the following duties and powers:

a) Submit to the Government for issuance or issue within its authority legal normative documents concerning the national legal information database;

b) Construct, manage, and maintain the national legal information database; ensure technical infrastructure conditions for continuous and stable operation of the national legal information database;

c) Develop and submit to the Government for consideration and approval or consider and approve within its authority upgrades and development of the national legal information database;

d) Guide, train, and provide professional training on editing, updating, approving, and inspecting legal texts on the national legal information database;

đ) Monitor, inspect, and urge the updating of legal texts on the national legal information database;

e) Request the updating agency to correct legal texts when errors are discovered.

Article 23. Responsibilities of Ministries, ministerial-level agencies, and other central state agencies

1. Ensure the accuracy of content and related information of documents on the National Legal Document Database within their responsibility to update.

2. Ensure the security of the administrative account for the National Legal Document Database assigned to them.

3. Take measures to handle units and individuals under their management when there are violations in updating documents, ensuring security, exploiting, and using the National Legal Document Database.

4. Direct subordinate agencies and units to provide promptly, fully, and accurately documents to the unit responsible for updating documents to be incorporated into the National Legal Document Database.

5. Coordinate with the Ministry of Justice in ensuring security, sharing, connecting, integrating, and extracting legal document data.

6. Report annually by December on the situation of updating, exploiting, and using documents on the National Legal Document Database to the Ministry of Justice.

Article 24. Responsibilities of the People's Committee at the provincial level

1. Implement the tasks stipulated in Clauses 1, 2, 3, 5, and 6 of Article 23 of this Decree.

2. Direct local agencies and organizations to provide promptly, fully, and accurately documents to the Department of Justice for updating into the National Legal Document Database.

Chapter IV

IMPLEMENTING PROVISIONS

Article 25. Transitional Provisions

1. Central Ministries, ministerial-level agencies, other central state agencies, and provincial People's Committees shall not establish new databases on legal normative documents and consolidated documents from the date this Decree takes effect.

2. Central Ministries, ministerial-level agencies, other central state agencies, and provincial People's Committees must complete the extraction from the National Legal Document Database to the Page or Section of legal normative documents on their Portal or website before December 31, 2016.

3. Update documents issued before the effective date of this Decree:

a) Documents still in force that were issued before the effective date of this Decree must be updated fully; encouraging the updating of expired documents into the National Legal Document Database;

b) Sources of documents issued before the effective date of this Decree for updating include: Original copies of documents, original versions of documents, certified true copies, extracts from competent authorities, official gazettes, collections of legal normative documents published and circulated by central Ministries, ministerial-level agencies, other central state agencies, and provincial People's Committees;

c) Central Ministries, ministerial-level agencies, other central state agencies, and provincial People's Committees have the responsibility to develop plans and timelines for updating documents issued before the effective date of this Decree into the National Legal Document Database, while coordinating with the Ministry of Justice to implement updates and complete the update of documents before June 30, 2016. The responsibility for updating documents is carried out according to the provisions of Article 13 of this Decree;

d) For documents already in the National Legal Document Database, central Ministries, ministerial-level agencies, other central state agencies, and provincial People's Committees must review and verify document information according to the provisions of Article 3 of this Decree to ensure accuracy;

đ) The process of collecting and updating documents issued before the effective date of this Decree is implemented as follows:

Compile a list of documents to be collected and conduct statistics on documents with sources or without sources;

For documents with sources as specified in point b, Clause 3 of this Article, the update must ensure information as prescribed in Clause 2, Clause 3 of Article 3, attaching the document as prescribed in point d, Clause 1 of Article 14 of this Decree;

For documents without sources as specified in point b, Clause 3 of this Article, when updating, it must ensure basic information about the type of document, number and code, summary, issuance date of the document, and other relevant information if any.

Article 26. Effective date

1. This Decree takes effect from July 20, 2015.

2. Article 4 of this Decree applies to documents on the National Database with electronic signatures.

Article 27. Cross-referencing Provisions

In cases where legal normative documents and regulations cited in this Decree are amended, supplemented, or replaced, they shall be applied according to the new legal normative documents.

Article 28. Responsibility for Implementation

1. The Minister of Justice within the scope of functions, tasks, and powers delegated has the responsibility to organize the implementation and guide and inspect the enforcement of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of other central state agencies, Chairmen of provincial People's Committees, relevant agencies, organizations, and individuals are responsible for enforcing this Decree./.