Decree No. 73/2017/ND-CP On the Collection, Management, Exploitation, and Use of Information and Data on Natural Resources and the Environment

DECREE

On the collection, management, exploitation, and utilization

of information and data on natural resources and the environment

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

Pursuant to the Law on Minerals dated November 17, 2010;

BASED ON THE LAW ON WATER RESOURCES dated June 21, 2012;

Pursuant to the Land Law dated November 29, 2013;

Pursuant to the Environmental Protection Law dated June 23, 2014;

Pursuant to the Law on Meteorology and Hydrology dated November 23, 2015;

Pursuant to the Law on Natural Resources, Environment, and Marine Islands dated June 25, 2015;

Pursuant to the Law on Archives dated November 11, 2011;

Pursuant to the Intellectual Property Law dated November 29, 2005; and the Law Amending and Supplementing Certain Provisions of the Intellectual Property Law dated June 19, 2009;

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

Pursuant to the Law on Cybersecurity dated November 19, 2015;

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

At the proposal of the Minister of Natural Resources and Environment;

The Government promulgates this Decree on the collection, management, exploitation, and utilization of information and data on natural resources and the environment.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the procedures for collecting, managing, exploiting, and utilizing information and data on land, water resources, geology and minerals, the environment, meteorology and hydrology, climate change, surveying and mapping, remote sensing, marine and island natural resources and the environment (hereinafter referred to as information and data on natural resources and the environment); mechanisms for coordination, connection, and sharing of such information and data; responsibilities and authorities of agencies, organizations, and individuals in the collection, management, exploitation, and utilization of information and data on natural resources and the environment.

Article 2. Applicability

This Decree applies to state agencies, organizations, and individuals engaged in the collection, management, exploitation, and utilization of information and data on natural resources and the environment within the territory of the Socialist Republic of Vietnam.

Article 3. Explanation of Terms

1. Collection of information and data on natural resources and the environment is the process of identifying information requirements, finding sources that meet these requirements, and compiling information and data on natural resources and the environment.

2. Monitoring information and data on natural resources and the environment are the results of measuring, observing, surveying, analyzing samples, or other activities related to natural resources and the environment and indirect factors affecting them.

3. Real-time information and data are information and data collected and processed, integrated within a short period of time (the timeframe varies according to each type of information and data).

Article 4. Information and Data on Natural Resources and the Environment

Information and data on natural resources and the environment must be collected and stored in accordance with regulations. Information and data on natural resources and the environment include:

1. Information and data on land include:

a) Results of land surveying and mapping;

b) Land registration, establishment of land records, land recovery, land allocation, land leasing, land use purpose conversion, issuance of land use right certificates, house ownership rights, and attached property rights;

c) Land statistics and inventory;

d) Land planning and usage plans;

đ) Land prices and land price maps;

e) Other information and data related to basic land surveys.

2. Information and data on water resources include:

a) Quantity and quality of surface and underground water;

b) Geological and hydrological survey data;

c) Data on water resource exploitation, utilization, and wastewater discharge;

d) River basin planning, management, exploitation, and protection of water resources both domestically and internationally;

đ) Results of issuing, renewing, revoking, and adjusting permits for water resource exploration, exploitation, and utilization; wastewater discharge permits; plugging unused boreholes;

e) Data on factors affecting water resources;

g) Technical files of monitoring stations and facilities;

h) Data on river basin directories.

3. Information and data on geology and minerals include:

a) Reports on basic geological surveys on minerals, reports on mineral exploration results (Geological Reports);

b) Pre-application files for mineral exploitation rights;

c) Files on national mineral reserve areas, small scattered mineral areas; delineation of prohibited and temporarily prohibited mineral activity areas; hazardous mineral areas;

d) Statistics and inventory of mineral reserves nationwide;

đ) Results of issuing, renewing, revoking, permitting, and returning mineral activity permits; permission to continue mineral activity rights.

4. Information and data on the environment include:

a) Environmental status reports at various levels;

b) Lists of biodiversity conservation sites, nature reserves; Red List species, threatened species, extinct species, endemic species, migratory species, invasive species, critically endangered and rare species requiring priority protection, species listed in the Red Book of Vietnam;

c) Environmental planning; Comprehensive biodiversity conservation planning reports, ecosystem (terrestrial and aquatic) safety reports;

d) Strategic environmental assessment reports, environmental impact assessment reports, environmental protection project proposals, environmental protection plans, annual environmental monitoring report results;

đ) Reports on pollution sources, waste quantities, pollution causes, general waste, industrial waste, hazardous waste posing environmental pollution risks; results of environmental restoration in mining activities: current environmental conditions at mining sites; environmental conditions at chemical pesticide storage pollution points; projects for treating and restoring environmental pollution from chemical pesticides;

e) Reports on imported waste material for production, environmental protection fees paid; results of resolving environmental damage compensation, disputes, complaints, and accusations resolved by competent state authorities;

g) Reports on polluted, sensitive, degraded areas, environmental incidents; areas at risk of environmental incidents; pollution maps and measures for controlling, preventing, and reducing environmental pollution.

h) List of serious environmental pollution sources; situation and protection measures for craft villages, economic zones, industrial parks, export processing zones, and industrial clusters;

i) Results of watershed, coastal, and marine environmental management; cross-border environmental pollution;

k) Results of waste treatment, solid waste, hazardous waste, exhaust gas, wastewater, noise, vibration, and other environmental technologies;

l) Results of issuing, renewing, revoking various environmental permits;

5. Information and data on meteorology and hydrology including:

a) Monitoring, investigation, survey information and data on meteorology, hydrology, air environment, and water;

b) Meteorological and hydrological information and data obtained from foreign countries and international organizations;

c) Charts, maps, satellite images; films and photos about meteorological and hydrological research objects;

d) Weather and hydrological forecast and warning bulletins; weather and hydrological situation reports;

đ) Technical files of meteorological and hydrological stations, facilities, and measuring instruments;

e) Files on issuing, renewing, suspending, and revoking licenses for weather and hydrological forecasting and warning activities;

g) Plans and results of weather modification activities;

6. Information and data on surveying and mapping including:

a) Information and data on national reference systems, national original surveying data systems, national surveying networks;

b) Aerial photography system;

c) National geographic database; national topographic map database;

d) Surveying and mapping products about national borders;

đ) Surveying and mapping products about administrative boundaries at all levels;

e) Administrative maps;

g) Geographical name data;

h) Information and data on: specialized surveying networks; specialized aerial photography systems; nautical chart products; underground facility map products; aviation map products; defense surveying and mapping products; other specialized surveying and mapping products;

7. Information and data on marine and island environmental resources including:

a) Data on coastal land, seabed topography;

b) Data on marine meteorology and hydrology;

c) Data on marine geology, marine geophysics, marine minerals; oil and gas in the sea; data on physical and chemical properties of seawater;

d) Data on marine ecosystems; marine biodiversity and fishery resources; marine position resources and marine ecological wonders;

đ) Data on marine environment and marine disposal;

e) Island data;

g) Planning and utilization data for the sea; overall exploitation and sustainable utilization planning for coastal areas; comprehensive resource management programs for coastal areas;

h) Data on marine and island resource exploitation and utilization;

i) Statistics on marine and island resources;

k) Other related data on marine and island resources and environment;

8. Information and data on climate change including:

a) Historical and current meteorological and hydrological monitoring data from the national meteorological and hydrological station network and specialized meteorological and hydrological station network;

b) Information and data on the impact of meteorological and hydrological disasters and climate change on resources, environment, ecosystems, living conditions, and socio-economic activities;

c) Information and data on greenhouse gas emissions and socio-economic activities related to greenhouse gas emissions;

d) Monitoring data on ozone, ozone layer protection, and management of ozone-depleting substances;

đ) National climate standards;

e) Results of national climate assessment;

g) Climate change scenarios for different periods;

h) Technical files of climate change monitoring stations;

9. Information and data on remote sensing including:

a) Infrastructure information for remote sensing;

b) Remote sensing data;

c) Monitoring and supervision data on resources and environment using remote sensing;

d) Remote sensing image products;

đ) Remote sensing metadata;

e) Specialized maps derived from remote sensing images;

10. Inspection results, dispute resolution, complaints, accusations, compensation for losses concerning natural resources and the environment resolved by competent state agencies;

11. Legal regulations, technical standards, technical guidelines, economic and technical norms on natural resources and the environment;

12. Files and results of strategies, plans, programs, projects, research topics on natural resources and the environment;

13. Other natural resource and environmental information and data as prescribed by law.

Article 5. Principles for the Collection, Management, Exploitation, and Use of Information and Data on Natural Resources and the Environment

The collection, management, exploitation, and use of information and data on natural resources and the environment must comply with the following principles:

1. Ensuring accuracy, honesty, scientific rigor, objectivity, and continuity.

2. Collecting and managing all sources of information and data from agencies, organizations, and individuals comprehensively.

3. Storing and preserving to meet long-term usage requirements and convenience.

4. Organizing systematically to facilitate convenient exploitation and use, enhance efficiency, promote overall social savings, and improve national competitiveness.

5. Being publicly disclosed and accessible according to the provisions of the Law on Access to Information, except for information and data classified as state secrets and restricted use.

6. Serving promptly the work of state administration, meeting the requirements of economic and social development, ensuring national defense and security.

7. Using for the intended purpose, citing the source, and complying with legal regulations concerning the protection of state secrets and intellectual property rights.

8. Exploiting and using information and data must fulfill financial obligations as prescribed by law.

Article 6. Participation of Organizations and Individuals

1. The State encourages organizations and individuals to invest in the acquisition, creation, and provision, sharing of information and data on natural resources and the environment in accordance with legal regulations.

2. Encouraging organizations and individuals to provide and donate information and data on natural resources and the environment to state agencies to contribute to protecting national sovereignty and serving the common interests of society.

Article 7. International Cooperation on Information and Data on Natural Resources and the Environment

The State has policies to develop cooperation with other countries, foreign organizations, and international organizations in investigating, surveying, researching, sharing, and providing information and data on natural resources and the environment; encouraging the sharing of information related to international information and data on natural resources and the environment; coordinating research and investigation of data, facilitating effective management and exploitation of international information and data on natural resources and the environment.

Article 8. Budget for the Collection, Processing, Exploitation, and Use of Information and Data on Natural Resources and the Environment

1. The budget for collecting, processing, organizing the management of information and data on natural resources and the environment, building, updating, and operating databases on natural resources and the environment managed by the State shall be guaranteed by the state budget in accordance with legal regulations. Each year, ministries, sectors, and localities allocate budgets for collecting, processing, organizing the management of information and data on natural resources and the environment, assigning units to implement in accordance with their functions and responsibilities.

2. Fees for exploiting information and data on natural resources and the environment shall be implemented in accordance with legal regulations on fees and charges.

Chapter II
COLLECTION OF INFORMATION AND DATA

NATURAL RESOURCES AND THE ENVIRONMENT

Article 9. Responsibilities of Organizations and Individuals in Collecting Information and Data on Natural Resources and the Environment

1. Adhering to technical standards and norms in collecting and submitting information and data.

2. Submitting information and data on natural resources and the environment collected or created using state budget funds or having a state budget origin to the management agency.

3. Notifying the Ministry of Natural Resources and Environment and Provincial Departments of Natural Resources and Environment of the list of information and data on natural resources and the environment owned and intended to be provided by them according to Model No. 01 attached to this Decree.

Article 10. Collection of information and data on natural resources and the environment for archival, preservation, publication, provision, and utilization purposes

1. Each ministry, agency at the ministerial level, government agency related to information and data on natural resources and the environment (hereinafter referred to collectively as ministries and sectors) and People's Committees of provinces and centrally governed cities (hereinafter referred to collectively as provincial-level People's Committees) shall approve and direct the implementation of annual plans for collecting and compiling information and data on natural resources and the environment; collecting and updating descriptive information about such information and data.

2. The agencies entrusted with managing information and data on natural resources and the environment under ministries and sectors and provincial-level People's Committees, based on approved plans, shall implement:

a) Collecting, compiling, archiving, and preserving information and data on natural resources and the environment for directly managed, archived, and provided information and data;

b) Collecting and updating descriptive information about information and data on natural resources and the environment from organizations, entities, and individuals currently storing and preserving such information and data;

c) Establishing and updating directories and descriptive information to serve publication, search, and provision;

d) Providing and updating into the national directory and descriptive information about information and data on natural resources and the environment managed by the Ministry of Natural Resources and Environment.

3. Organizations currently storing and preserving information and data on natural resources and the environment shall be responsible for providing descriptive information about such information and data to the agencies managing information and data on natural resources and the environment.

4. Ministries, sectors, and provincial-level People's Committees shall organize the publication of directories and descriptive information about information and data on natural resources and the environment to serve search, provision, exploitation, and utilization.

5. The Minister of Natural Resources and Environment shall provide detailed regulations on the collection of information and data on natural resources and the environment for archival, preservation, publication, provision, and utilization.

Chapter III
ORGANIZATION AND MANAGEMENT OF INFORMATION AND DATA

NATURAL RESOURCES AND THE ENVIRONMENT

Article 11. Preservation, Archival, and Restoration of Information and Data on Natural Resources and the Environment

Preservation, archival, and restoration work shall be carried out in accordance with the provisions of the Law on Archives and guiding documents to create the best conditions to ensure safety and extend the lifespan of documents, serving the needs of document exploitation and utilization.

Article 12. Construction of Databases on Natural Resources and the Environment

1. A database on natural resources and the environment is a systematic collection of information and data on natural resources and the environment that has been reviewed, evaluated, and organized for management and archival, built, updated, and maintained to serve state management and economic, social, defense, security, scientific research, education and training, and public enlightenment activities.

2. Databases on natural resources and the environment include:

a) National databases on natural resources and the environment are databases on natural resources and the environment compiled, linked, and integrated from databases on natural resources and the environment across the country, constructed, stored, and managed by the Ministry of Natural Resources and Environment;

b) Sectoral databases on natural resources and the environment are databases integrated and compiled from information and data on natural resources and the environment within the scope of management of ministries and sectors, constructed, stored, and managed by ministries and sectors;

c) Provincial-level databases on natural resources and the environment are databases integrated and compiled from information and data on natural resources and the environment within the scope of management of provincial-level People's Committees, constructed, stored, and managed by provincial-level Departments of Natural Resources and Environment;

d) Specialized databases on natural resources and the environment are databases constructed, stored, and managed by specialized management organizations under the Ministry of Natural Resources and Environment.

3. Databases on natural resources and the environment must comply with the Government Electronic Architecture Framework, specifically as follows:

a) National databases on natural resources and the environment and specialized databases on natural resources and the environment must comply with the Government Electronic Architecture Framework of Vietnam and the Government Electronic Architecture of the Ministry of Natural Resources and Environment;

b) Databases on natural resources and the environment of ministries and sectors must comply with the Government Electronic Architecture Framework of Vietnam and the Government Electronic Architecture of ministries and sectors;

c) Provincial-level databases on natural resources and the environment must comply with the Government Electronic Architecture Framework of Vietnam and the Provincial Government Electronic Architecture.

4. Databases shall be constructed and connected, shared in an electronic environment to facilitate management, exploitation, provision, and utilization of information and data effectively.

5. Databases must meet the framework of databases, technical standards, and norms for information technology and specialized fields.

6. The construction, management, operation, and exploitation of specialized information systems and databases shall be implemented in accordance with the laws governing specialized information systems and databases.

Article 13. Operation and updating of natural resources and environmental databases

The agency entrusted with managing information and data on natural resources and the environment shall be responsible for:

1. Establishing business processes and control measures to operate and maintain the natural resources and environmental database.

2. Developing plans and allocating funds to ensure regular, continuous, and periodic updates of the content of the natural resources and environmental database.

3. Developing and implementing comprehensive solutions to ensure high operational performance and readiness of the database.

4. Developing and implementing solutions for backup and disaster recovery to ensure the integrity and security of the database. In cases where information and data on natural resources and the environment are damaged or destroyed due to illegal acts, there must be mechanisms to ensure that such information and data can be restored.

Article 14. Ensuring safety and confidentiality of information

1. The principal agency of the natural resources and environmental database shall be responsible for ensuring the safety and confidentiality of information, taking organizational, management, business process, and technical measures to ensure data security, computer safety, and network security.

2. The natural resources and environmental database must be classified according to the level of information system security, meeting the requirements set out in technical standards and regulations under laws on cybersecurity.

3. The specialized unit for information technology within the principal agency shall undertake the responsibility of ensuring database security, conducting information security audits, risk management, and appropriate measures to ensure information security.

Chapter IV
EXPLOITATION AND USE OF INFORMATION AND DATA

 NATURAL RESOURCES AND ENVIRONMENT

Article 15. Publication of lists of information and data on natural resources and the environment

1. Lists of information and data on natural resources and the environment shall be published on websites or electronic portals, and professional publications. The publication of lists of information and data on natural resources and the environment must comply with regulations on protecting state secrets in the field of natural resources and the environment and the provisions of laws on access to information.

2. The Ministry of Natural Resources and Environment shall publish lists of information and data on national-level natural resources and the environment; ministries and sectors shall publish lists of information and data on natural resources and the environment collected and managed by themselves; provincial People's Committees shall publish lists of information and data on local natural resources and the environment.

Article 16. Forms and procedures for exploitation and use of information and data on natural resources and the environment

The exploitation and use of information and data on natural resources and the environment shall be carried out in the following forms:

1. Exploitation and use of information and data through websites or electronic portals or by connecting, accessing, and sharing information with the natural resources and environmental database of the information-providing agency.

2. Exploitation and use of information and data through request forms, applications, or request documents.

3. Exploitation and use of information and data through contracts between the information and data management unit and the information and data exploitation and use party, in accordance with the law.

Article 17. Exploitation and use of information and data through the website or electronic portal of the information and data provider

1. Organizations and individuals when exploiting natural resources and environmental information and data on websites or electronic portals must register and be granted access rights to exploit such information and data from the information and data provider.

2. Organizations and individuals granted access rights shall be responsible for accessing the correct address and password; they shall not disclose the provided access address and password.

3. The information and data provider shall be responsible for:

a) Ensuring convenient access for organizations and individuals; providing user-friendly search tools that yield accurate results;

b) Ensuring the format of information and data according to technical standards and norms for easy downloading, quick display, and printing using common electronic means.

4. In cases where the provision of information, data, and related services on the network is temporarily suspended, the information and data provider shall be responsible for:

a) Publicly announcing at least seven working days before proactively suspending the provision of information, data, and related services on the network for repairs, troubleshooting, upgrades, or expansion of infrastructure; the announcement content must clearly state the expected recovery time for the provision of information, data, and related services on the network, except in cases of force majeure;

b) Implementing measures to resolve issues.

Article 18. Request Forms for Provision of Information and Data

1. The exploitation and use of information and data through request forms or request documents shall be carried out in accordance with the following provisions:

a) Organizations and individuals requiring the exploitation and use of information and data shall base their requests on the existing list of information and data, prepare request forms or request documents (in accordance with Model No. 02 and Model No. 03 attached to this Decree), and submit them directly, via postal service, or electronically to the units managing the information and data;

b) Within five working days, the information and data management agency shall review the request forms and documents, notify financial obligations (if applicable) to the organizations and individuals, and if refusing to provide information and data, must specify the reasons and respond in writing to the organizations and individuals;

c) After the organizations and individuals fulfill their financial obligations, the information and data management agency shall be responsible for providing complete and accurate information and data to the organizations and individuals.

2. Request documents for natural resources and environmental information and data shall include the following main contents:

a) Name and address of the organization or individual requesting the provision of information and data;

b) List and content of the required information and data;

c) Purpose of using the information and data;

d) Form of exploitation and use of the information and data and method of receiving the results.

3. Request documents of agencies and organizations must bear the signature of the head of the agency and be stamped for confirmation. Individual request forms must clearly state the name, address, and signature of the person requesting the information and data.

4. In cases where the person requiring the exploitation and use of natural resources and environmental information and data is a foreign individual in Vietnam, the request document must be confirmed and stamped by the organization or enterprise where the individual works; for foreign experts or interns working on programs or projects in ministries, sectors, localities, or studying at training institutions in Vietnam, it must be confirmed and stamped by the competent authority of the ministry, sector, locality, or training institution in accordance with Model No. 03 attached to this Decree.

Article 19. Exploitation and utilization of information and data through contracts

The exploitation and utilization of information and data through contracts shall be carried out in accordance with the provisions of the Civil Code between the managing agency of the database and organizations and individuals requiring the exploitation and utilization of information and data. The model contract for providing, exploiting, and utilizing resource and environmental information and data is Model No. 04 attached as an appendix to this Decree.

Article 20. Responsibilities of organizations and individuals exploiting and utilizing resource and environmental information and data

Organizations and individuals exploiting and utilizing resource and environmental information and data shall have the following responsibilities and authorities:

1. Adhere to the principles of exploitation and utilization of information and data stipulated in Article 5 of this Decree.

2. Shall not transfer information and data to third parties for use except in cases agreed upon in the contract with the agency, organization, or individual providing the information and data.

3. Shall not distort the provided information and data for use.

4. Pay the fees for the exploitation and utilization of information and data as prescribed in Article 8 of this Decree.

5. Adhere to the provisions of the law on intellectual property rights.

6. Timely notify the managing agency of information and data about any errors in the provided information and data.

7. Have the right to lodge complaints and denunciations in accordance with the law when their rights to exploit and utilize information and data are violated.

8. Be entitled to compensation in accordance with the law when the provider of information and data provides inaccurate information and data causing damage to them.

Chapter V
CONNECTION AND SHARING OF INFORMATION AND DATA

ON THE ELECTRONIC ENVIRONMENT FOR RESOURCES AND ENVIRONMENT

Article 21. Principles for connecting and sharing resource and environmental information and data among ministries, sectors, and provincial People's Committees

Connecting and sharing resource and environmental information and data among ministries, sectors, and provincial People's Committees; between databases on resources and environment and among relevant agencies and organizations shall be based on the principle that:

1. Resource and environmental information and data shall be connected, shared, and utilized in accordance with the law.

2. Ensure timely access to resource and environmental information and data to serve the assessment, forecasting, strategic planning, policy formulation, plan development, enhancing the effectiveness of state management work, and meeting the requirements for economic and social development and ensuring national defense and security.

3. Ensure smooth and timely exchange and provision of information and data, meeting the requirements for information security and safety.

Article 22. Coordination in connecting and sharing information and data among resource and environmental databases

1. The Ministry of Natural Resources and Environment shall be responsible for:

a) Taking the lead and coordinating with ministries, sectors, and localities in establishing procedures and regulations on connecting, sharing, and utilizing resource and environmental information and data on the electronic environment;

b) Guiding and inspecting the implementation of connecting, sharing, and utilizing resource and environmental information and data on the electronic environment.

2. Ministries and sectors within the scope of management related to resource and environmental information and data shall be responsible for:

a) Taking the lead in connecting and sharing resource and environmental information and data on the electronic environment between the managing agency and other ministries, sectors, and localities in accordance with the regulations;

b) The Ministry of Finance shall be responsible for allocating regular annual funds to support the operation of the resource and environmental information and data system on the electronic environment; the Ministry of Planning and Investment shall be responsible for allocating investment capital according to tasks and projects approved by competent authorities to maintain and upgrade the operation of the resource and environmental information and data system on the electronic environment;

c) The Ministry of Information and Communications shall study and establish regulations on related information technology issues; guide and supervise the connection and sharing of information and data between information systems and resource and environmental databases on the electronic environment.

3. Provincial People's Committees shall be responsible for:

Connecting and sharing resource and environmental information and data on the electronic environment between the managing agency and other ministries, sectors, and localities in accordance with the regulations.

Article 23. Connecting and integrating information and data on natural resources and environmental monitoring in an electronic environment

1. Information and data on natural resources and environmental monitoring include real-time information and data and delayed information and data (which must go through analysis and processing steps). Information and data on natural resources and environmental monitoring are very important for timely response and handling in natural resource management, environmental protection, and disaster prevention and mitigation.

2. Information and data on natural resources and environmental monitoring, especially real-time information and data from state budget sources or mandatory monitoring under the law, must be collected, integrated, and shared promptly with agencies and organizations with relevant functions to serve public welfare, economic and social development, security, and defense.

3. The Ministry of Natural Resources and Environment collects, gathers, and uniformly manages national information and data on natural resources and environmental monitoring in an electronic environment, organizes them into a national database from ministries, sectors, localities, and related organizations, implements consolidation, processing, sharing to meet common societal needs.

4. Ministries, sectors, and provincial People's Committees collect, gather, manage, and provide information and data on natural resources and environmental monitoring within their management authority; integrate information and data on natural resources and environmental monitoring into the national database managed by the Ministry of Natural Resources and Environment; use information and data in the national database on natural resources and environmental monitoring according to the law.

5. The Ministry of Natural Resources and Environment provides detailed guidance on collecting, providing, and sharing information and data on natural resources and environmental monitoring.

Chapter VI
RESPONSIBILITIES AND LIMITS OF MANAGEMENT AUTHORITIES

INFORMATION AND DATA ON NATURAL RESOURCES AND ENVIRONMENT

Article 24. Responsibilities for state management of collection, management, exploitation, and use of information and data on natural resources and environment

1. The Government exercises unified management over the collection, management, exploitation, and use of information and data on natural resources and environment.

The Ministry of Natural Resources and Environment is responsible before the Government for performing state management functions regarding the collection, management, exploitation, and use of information and data on natural resources and environment.

The Ministry of Natural Resources and Environment defines the functions, tasks, and assigns specific units under its jurisdiction for the collection, management, and provision of information and data on natural resources and environment.

2. Ministries and sectors are responsible before the Government for the collection, management, exploitation, and use of information and data on natural resources and environment that they collect.

Ministries and sectors define the functions, tasks, and assign specific units under their jurisdiction for the collection, management, and provision of information and data on natural resources and environment.

3. Provincial People's Committees within the scope of their functions and tasks are responsible for organizing and directing management agencies to implement the collection, management, storage, provision, and use of information and data on natural resources and environment at the local level.

The Department of Natural Resources and Environment is responsible for assisting the provincial People's Committee in managing the collection, management, exploitation, and use of information and data on natural resources and environment at the local level.

Article 25. Responsibilities of the Ministry of Natural Resources and Environment

1. Issuing legal normative documents, mechanisms, policies, standards, technical regulations, economic and technical norms on collecting, managing, exploiting, and using information and data on national natural resources and environment.

2. Approving plans for investigating, collecting information and data, and descriptions of information and data on natural resources and environment managed by units responsible for managing such information and data; specialized information and data on natural resources and environment submitted by such units; directing implementation after approval.

3. Guiding and inspecting ministries, sectors, and provincial People's Committees regarding work on collecting, managing, providing, exploiting, and using information and data on natural resources and environment.

4. Establishing regulations on cooperation in collecting, managing, connecting, sharing, and using information and data on natural resources and environment.

5. Managing construction, exploitation, and maintenance of the National Database on Natural Resources and Environment, specialized databases on natural resources and environment; compiling situations on construction, updating, operation, and exploitation of the National Database on Natural Resources and Environment to report to the Prime Minister.

6. Announcing lists of information and data on natural resources and environment; lists of agencies, units, and individuals providing such information and data. Providing information and data on natural resources and environment to organizations and individuals according to the law.

7. Building an environment for connecting, sharing, and exchanging information and data on natural resources and environment among national databases on natural resources and environment to serve collection, management, exploitation, and use of such information and data based on information technology and communication platforms, including: Specialized standards for information and data on natural resources and environment; common software for databases; a national portal for information and data on natural resources and environment connected with other databases; services for exploiting and using information and data on natural resources and environment on the Internet; policies on information and data security and safety; policies on protecting copyright of information and data on natural resources and environment.

Article 26. Responsibilities of Ministries and Sectors

Within their scope of management related to information and data on natural resources and environment, ministries and sectors shall be responsible for:

1. Establishing and issuing regulations on collecting, managing, exploiting, sharing, and using information and data on natural resources and environment; regulations on exploiting and using the National Database on Natural Resources and Environment; organizing, inspecting, and supervising implementation.

2. Approving plans for investigating, collecting, and updating information and data on natural resources and environment and collecting and updating descriptions of such information and data managed by units responsible for managing such information and data; directing organization to implement after approval.

3. Evaluating, inspecting, and accepting information and data on natural resources and environment that have been investigated and collected.

4. Long-term storage and organizing construction, operation, and updating of databases on natural resources and environment for management, provision, and use.

5. Providing information and data to organizations and individuals requiring exploitation of information and data on natural resources and environment according to the law; connecting and exchanging information and data on natural resources and environment managed by them with relevant ministries, sectors, and provincial People's Committees.

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

a) Establishing and issuing technical standards, guidelines on synchronization, compatibility, access, and sharing of information between information systems and databases within state agencies and the National Database on Natural Resources and Environment to ensure smooth connection and information security;

b) Monitoring and compiling situations on connection, exchange, and exploitation between national databases and the National Database on Natural Resources and Environment to report to the Prime Minister;

c) Organizing periodic inspections and evaluations of compliance with laws on construction, updating, operation, and exploitation of national databases for the National Database on Natural Resources and Environment.

7. The Ministry of Science and Technology shall cooperate with the Ministry of Natural Resources and Environment to guide the implementation of laws on intellectual property protection in managing, exploiting, and using information and data on natural resources and environment.

Article 27. Responsibilities of the Provincial People's Committee

The Provincial People's Committee shall have the following responsibilities and authorities:

1. Establishing and promulgating regulations on the collection, management, exploitation, sharing, and use of natural resources and environmental information and data; regulations on the exploitation and use of provincial-level natural resources and environmental databases in accordance with economic and social conditions. Organizing, inspecting, and supervising the implementation by departments, agencies, and sectors within the province.

2. Approving plans for investigating, collecting, updating natural resources and environmental information and data, and collecting and updating descriptions of such information and data submitted by units responsible for managing natural resources and environmental information and data; directing their implementation after approval.

3. Directing the Department of Natural Resources and Environment to implement:

a) Preparing and submitting plans for investigating, collecting, updating natural resources and environmental information and data, and collecting and updating descriptions of such information and data; organizing the implementation of collecting, evaluating, managing, storing, publishing, exploiting, and using natural resources and environmental information and data in accordance with established regulations;

b) Managing information and data in an electronic environment; building and operating databases and portals for natural resources and environmental information to serve storage, exchange, and sharing of natural resources and environmental information and data among databases within the province, other provinces and cities, and ministries and sectors;

c) Applying information technology, organizing the integration of information, data, and applications to serve agencies, organizations, and individuals in effectively exploiting and increasing the value of natural resources and environmental information and data;

d) Storing, preserving, and providing natural resources and environmental information and data at the Department of Natural Resources and Environment's Information Technology Center;

đ) Annually reporting on the work of collecting, managing, exploiting, and using natural resources and environmental information and data to the Ministry of Natural Resources and Environment.

Article 28. Responsibilities of organizations and individuals collecting and providing natural resources and environmental information and data

1. Notifying the Ministry of Natural Resources and Environment about the provision of natural resources and environmental information and data.

2. Adhering to legal provisions regarding the collection, creation, and provision of natural resources and environmental information and data to organizations and individuals requiring exploitation and use.

3. Ensuring the authenticity and accuracy of natural resources and environmental information and data.

4. Periodically sending reports on the work of collecting and providing natural resources and environmental information and data to the Department of Natural Resources and Environment and the Ministry of Natural Resources and Environment before December 15 each year according to Model No. 05 attached to this Decree.

Chapter VII
PROTECTION OF INFORMATION AND DATA RIGHTS

 NATURAL RESOURCES AND ENVIRONMENT

Article 29. Intellectual property rights over natural resources and environmental information and data

1. Natural resources and environmental information and data are objects protected by copyright and related rights under the Intellectual Property Law.

2. The State is the owner of copyright and property rights over natural resources and environmental information and data collected and created from state budget sources or those derived from state budgets, except where otherwise agreed.

3. Organizations and individuals are protected by copyright over natural resources and environmental information and data collected and created from their own funding in accordance with intellectual property laws.

4. Organizations and individuals have the right to register copyrights and related rights over natural resources and environmental information and data.

Article 30. Protection of Intellectual Property Rights for Information and Data on Natural Resources and Environment

1. The provision, exchange, storage, and use of information and data must comply with the provisions of the law on intellectual property rights.

2. It is not allowed to use information and data without the consent of the copyright owner of the data or contrary to the provisions of the law.

3. The use of information and data must be in accordance with the purpose specified in the provision, and shall not be used for other purposes or work without the written consent of the agency, organization, or individual owning the information and data.

4. It is not permitted to transfer the right to use information and data without the written consent of the copyright owner or the owner of the information and data. Organizations and individuals exploiting and using information and data have the responsibility to clarify the source of the information and data when requested by the competent authority.

5. Violations of intellectual property rights and ownership of information and data will be handled according to the level of violation as prescribed by law.

Chapter VIII
IMPLEMENTING PROVISIONS

Article 31. Handling of Information and Data on Natural Resources and Environment Investigated and Collected Before the Effective Date of this Decree

Information and data on natural resources and environment that were investigated and collected using state budget funds or originated from the state budget before the effective date of this Decree shall be handled as follows:

1. For the contents of tasks and duties being carried out in accordance with Decree No. 102/2008/NĐ-CP dated September 15, 2008 of the Government on the collection, management, exploitation, and use of data on natural resources and environment, they shall continue to be implemented within the determined time limit of the content and duty. After that period, they shall comply with the provisions of this Decree.

2. For information and data on natural resources and environment that are products of ongoing tasks and duties but have not yet been inspected and accepted, the managing agency shall consider the conditions and adjust the content to organize the implementation of tasks in accordance with the provisions of this Decree.

Article 32. Effectiveness

This Decree takes effect from August 1, 2017 and replaces Decree No. 102/2008/NĐ-CP dated September 15, 2008 of the Government on the collection, management, exploitation, and use of data on natural resources and environment.

Article 33. Implementation Organization

1. The Minister of Natural Resources and Environment shall be responsible for guiding and inspecting the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial and centrally-administered city People's Committees are responsible for implementing this Decree./.

 

ANNEX

(Attached to Decree No. 73/2017/NĐ-CP

dated June 14, 2017 of the Government)

 

Form No. 01

 

1. Name of organization/person:...

Legal representative (for organizations):...

ID number, date, place of issuance (for individuals):...

2. Address:…

3. Phone number:... Fax:... Email:...

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

(Name of organization/person) hereby notifies the list of information and data on natural resources and environment currently stored and provides them as follows:

We commit to providing information and data on natural resources and environment in compliance with the laws on national security protection, intellectual property rights, and bear responsibility for the origin of the information and data./.

 

_________________

¹ According to the area where the organization or individual has information and data on natural resources and environment.

 

Form No. 02

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

..., day ..., month ..., year ....

Respectfully submitted to: ...

1. Name of organization or individual requesting information and data:...

............................................................................................................................................

ID number, date of issuance, place of issuance (for individuals):...

2. Address:…

3. Telephone number, fax, email:...

4. List and content of information and data required to be provided:

............................................................................................................................................

............................................................................................................................................

5. Purpose of using information and data:

............................................................................................................................................

............................................................................................................................................

6. Form of exploitation, use, and method of receiving results (viewing, reading on-site; photocopying; receiving directly at the information and data provider or sending through postal service...):

.............................................................................................................................................

.............................................................................................................................................

7. Commitment to using information and data:

.............................................................................................................................................

.............................................................................................................................................

 

________________

¹ In case the requester is an agency or organization requiring data, the head of the agency must sign, write full name, and stamp; if an individual, must sign and write full name.

 

Implementation Report of Production Projects of Supporting Industry Products Confirmed with Incentives

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

..., day ..., month ..., year ....

Respectfully submitted to: ...

1. Requester for information and data:...

.............................................................................................................................................

2. Place of work/study:...

............................................................................................................................................

3. Nationality, Passport Number:...

.............................................................................................................................................

4. Phone number, fax, email:...

.............................................................................................................................................

5. List and content of information and data requested to be provided:...

.............................................................................................................................................

6. Purpose of using information and data:...

.............................................................................................................................................

7. Form of exploitation, use, and method of receiving results (viewing, reading on-site; photocopying; receiving directly at the information and data provider or sending through postal service...):...

.............................................................................................................................................

8. Commitment of the requester to use information and data:...

.............................................................................................................................................

 

 

Form number 04

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

..., day ..., month ..., year ....

CONTRACT
PROVIDING, EXPLOITING, USING INFORMATION AND DATA

NATURAL RESOURCES AND THE ENVIRONMENT

No.:              /HĐ

Based on the Civil Code;

Based on the needs and capabilities of both parties,

Today, the..., day ..., month ..., year ..., we include:

1. Party providing information and data (Party A):

Representative:...

Position:…

Address:…

Phone ... Fax: ... Email: ...

Account number:...

2. Party exploiting and using information and data (Party B):

Legal Representative of the Organization or Individual: …

Representative:...

Position:…

Address:…

Phone ... Fax: ... Email: ...

Account number:...

Both parties agree to sign a contract for the exploitation and use of information and data as follows:

Article 1. Content of the contract:

(Regarding the provision, exploitation, and use of information and data)

.............................................................................................................................................

.............................................................................................................................................

Article 2. Time of Implementation:

...day, starting from ..., month ..., year ...

Article 3. Form of exploitation, use, and method of receiving results:

- Form of exploitation, use:...

- Exploitation and use through access:...

- Receiving directly at the information and data provider:...

- Receiving sent through postal service:...

Article 4. Value of the contract and payment method:

Payment for the exploitation and use of information and data is:... VND

(In words:... VND)

Of which: Payment for the exploitation and use of information and data is:... VND

Payment for the provision service of information and data is:... VND

Amount of deposit: … VND

Payment method (cash, bank transfer):..................................................................

Article 5. Obligations and rights of the parties:

.............................................................................................................................................

.............................................................................................................................................

Article 6. Amendment, modification, termination of the contract and dispute resolution:

.............................................................................................................................................

.............................................................................................................................................

Article 7. General Provisions

1. This contract consists of … copies, each having equal legal force, with Party A retaining … copies and Party B retaining … copies.

2. This contract shall take effect from the date of …

 

 

Form number 05

 

REPORT

SITUATION OF INFORMATION AND DATA PROVISION

 NATURAL RESOURCES AND ENVIRONMENT

Year …/from month   year … to month   year …

1. Name of organization/person:...

Legal representative (for organizations):...

ID number/Identity Card number, date and place of issuance (for individuals):

2. Address:…

3. Phone number:... Fax:... Email:...

4. Provided information and data: …

We/I hereby take full responsibility for all contents of this report./.

 

________________

¹ According to the area where the organization or individual has information and data on natural resources and environment.