Circular No. 80/2020/TT-BCA stipulates on providing information to ensure the operation of the Ministry of Public Security's Electronic Information Portal.

CIRCULAR

Regulations on providing information to ensure the operation

of the Ministry of Public Security's Electronic Information Portal

Pursuant to the Law on Legislative Documents dated June 22, 2015;

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

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

Pursuant to the Government Decree No. 43/2011/NĐ-CP dated June 13, 2011 on the provision of information and online public services on electronic information websites or portals of state agencies;

Pursuant to Decree No.72/2013/NĐ-CPPursuant to the Government Decree No. 72/2013/NĐ-CP dated July 15, 2013 on management, provision, and use of Internet services and information on networks, and the Government Decree No. 27/2018/NĐ-CP dated March 1, 2018 amending and supplementing certain provisions of the Government Decree No. 72/2013/NĐ-CP dated July 15, 2013 on management, provision, and use of Internet services and information on networks; 72/2013/NĐ-CP Pursuant to the Government Decree No. 72/2013/NĐ-CP dated July 15, 2013 on management, provision, and use of Internet services and information on networks;

Pursuant to the Government's Decree No. 34/2016/NĐ-CP dated May 14, 2016 detailing certain provisions and measures for implementing the Law on Legislative Acts of Regulations;

Pursuant to the Government Decree No. 13/2018/NĐ-CP dated January 23, 2018 detailing and guiding the implementation of the Law on Access to Information;

Pursuant to Decree No. 01/2018/NĐ-CP dated August 6, 2018 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

At the proposal of the Director of the Office;

The Minister of Public Security promulgates this Circular on regulations on providing information to ensure the operation of the Ministry of Public Security's Electronic Information Portal.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates principles, contents, forms, procedures for providing information to ensure the operation of the Ministry of Public Security's Electronic Information Portal; rights and responsibilities of the Ministry of Public Security; provincial and municipal police forces (hereinafter referred to collectively as local police units) in providing information to the Ministry of Public Security's Electronic Information Portal.

Article 2. Principles of information provision

1. Information provided to serve the operation of the Ministry of Public Security's Electronic Information Portal shall be public information that does not belong to state secrets, internal information of the People's Public Security, and is not information or documents prohibited from being publicly posted on mass media. The provision of information must comply with Article 5 of the Government Decree No. 43/2011/NĐ-CP dated June 13, 2011 on the provision of information and online public services on electronic information websites or portals of state agencies and Clause 1 of Article 5 of the Government Decree No. 72/2013/NĐ-CP dated July 15, 2013 on management, provision, and use of Internet services and information on networks.

2. Units and individuals providing information to the Ministry of Public Security's Electronic Information Portal are responsible for ensuring the accuracy and truthfulness of the provided information, complying with current regulations on copyright, regulations on protecting state secrets, and regulations of the Public Security sector.

Chapter II
SPECIFIC PROVISIONS

Article 3. Contents of information provision

Local police units, based on their assigned functions and tasks, actively provide complete, accurate, and timely information on the following contents:

1. General information made public about the functions, duties, powers, organizational structure of the Ministry of Public Security and local police units.

2. Information on activities involving visits and work meetings of Party and State leaders with the People's Public Security force, meetings between the Ministry of Public Security leadership and local police units; conferences, seminars, events organized or participated in by the Ministry of Public Security; foreign affairs activities of the Ministry of Public Security; information and materials serving the reception of international guests, participation in conferences and seminars both domestically and abroad; conferences, seminars, and events organized by local police units (hereinafter referred to as activities and events).

3. Directives from the Party and State related to national security protection, social order and safety assurance, crime prevention and suppression, law violation combat, and People's Public Security construction deemed necessary for dissemination and promotion.

4. Documents, directives, and operational instructions from the Ministry of Public Security leadership and local police unit leadership to be published on the Internet, serving propaganda, guidance, and implementation. Views and solutions of the Ministry of Public Security and local police units regarding issues of public concern and media interest.

5. Situations related to national security protection, social order and safety assurance, crime prevention and suppression, law violation combat, and People's Public Security construction; plots, methods, and tactics of criminal activities, especially new methods and tactics; threats and impacts on national security and social order and safety requiring timely warnings to agencies, businesses, organizations, and citizens.

6. Results of regular or major special operations on national security protection, social order and safety assurance, crime prevention and suppression, law violation combat, and People's Public Security construction by the Ministry of Public Security and local police units.

7. Information on cases currently under investigation by the Ministry of Public Security's investigative agencies and local police units, if it is deemed beneficial for the investigation process and crime prevention and suppression efforts to post such information on the Ministry of Public Security's Electronic Information Portal.

8. Information on the promotion of the whole people's movement for national security; results of competitions initiated by the Party, Government, Ministry of Public Security, and local police units; exemplary models, outstanding images, good deeds, and brave acts of Public Security officers and soldiers; activities of the People's Public Security force participating in response and assistance to the public in preventing, combating, and mitigating the consequences of natural disasters, accidents, and incidents.

9. Information on criminal enforcement proceedings; implementation of decisions on amnesty, reduction of prison terms, conditional early release, and community reintegration work for those who have completed their sentences; dissemination and promotion of exemplary models and typical cases in the reception, management, education, and support of amnesty recipients, conditionally early released persons, and those who have completed compulsory educational institution sentences and juvenile correctional facility sentences and are reintegrating into society.

10. Information permitted to be disclosed on organizational and personnel work, recruitment of personnel; training and development of personnel, and admission activities within the People's Public Security force.

11. Information on inspection conclusions by the People's Public Security force; activities related to receiving citizens, results of handling complaints and denunciations as prescribed by laws on complaints and denunciations; activities on preventing and combating corruption as prescribed by laws.

12. Information on projects, investment items, bidding, and public procurement.

13. Information on scientific research projects, science and technology products in the Public Security sector (serving civilian life).

14. Information on wanted individuals; Interpol bulletins.

15. Information on legal affairs and administrative reform, judicial reform, including:

a) Propaganda, dissemination, and guidance on the implementation of regulatory legal documents relevant to the fields under the State management authority of the People's Public Security force, with a focus on regulatory legal documents issued or primarily drafted by the Ministry of Public Security, international treaties to which Vietnam is a party that regulate areas within the functions and tasks of the Ministry of Public Security; extradition and transfer of persons serving custodial sentences;

b) Documents related to the process of drafting regulatory legal documents and regulatory legal documents after issuance by competent authorities as prescribed by laws on issuing regulatory legal documents; draft legal documents for public opinion solicitation as prescribed by laws;

c) Information on negotiation, signing, accession, and implementation of international treaties and cooperation documents with foreign countries according to the functions and tasks of the People's Public Security force; information on programs, projects, and international legal cooperation activities carried out by the People's Public Security force;

d) Consolidated documents of regulatory legal documents issued by the Minister of Public Security or primarily drafted, jointly issued; results of handling regulatory legal documents as prescribed; results of systematizing regulatory legal documents; list of expired regulatory legal documents;

đ) Information on administrative reform in the People's Public Security force; sets of administrative procedures within the jurisdiction of the Ministry of Public Security currently in effect;

e) Information on judicial reform in the People's Public Security force.

16. Content of answers to questions from organizations and individuals regarding fields under the State management authority of the Ministry of Public Security, local Public Security agencies. Results of addressing, answering reflections, suggestions about the People's Public Security force; results of incorporating opinions into draft documents of agencies, organizations, and individuals.

17. Information on online public services implemented by the Ministry of Public Security, local Public Security agencies.

18. Information on incidents and complex issues occurring at local Public Security agencies that attract public attention.

19. Information provided by leaders of local Public Security agencies to the press on complex issues of public concern without going through the Government Portal or the agency's own website.

20. Information on organizations and individuals related to terrorism and terrorist financing.

21. Information refuting incorrect, hostile views, and misinformation about the Party, State, Public Security sector, and security and social order assurance work.

22. Other information as required by the Government or as required by the leadership of the Ministry of Public Security.

Article 4. Forms of Providing Information

1. Direct provision to officers of the Ministry of Public Security Electronic Portal invited or assigned to work, interview, or collect information at local police units.

2. Provision of information in paper form, electronic form, or other forms (email, CDs...) to the Ministry of Public Security Electronic Portal at address: Ministry of Public Security Electronic Portal, 44 Yết Kiêu Street, Hoàn Kiếm District, Hanoi City, email: [email protected].

Information sent to the Ministry of Public Security Electronic Portal must be approved by the leadership of local police units; accompanied by the sender's name, position (if applicable), workplace, personal phone number.

Article 5. Procedures for Providing Information

1. For general information permitted to be disclosed regarding the functions, tasks, powers, organizational structure of the Ministry of Public Security and local police units: The personnel department of the Ministry of Public Security and local police units shall be responsible for providing such information immediately after the functions, tasks, powers, and organizational structures of the Ministry of Public Security and local police units have been approved and allowed to be published by the competent authority.

2. For activities involving visits and work by Party and State leaders with the People's Police force; and activities involving the Ministry of Public Security leaders with local police units: The unit primarily responsible for serving the Ministry of Public Security leaders participating in the event shall be responsible for notifying the Ministry of Public Security Electronic Portal to assign officers to access, report, or cooperate in reporting.

3. For activities and events hosted by the Ministry of Public Security and local police units that require information dissemination and promotion: The hosting unit shall be responsible for notifying the Ministry of Public Security Electronic Portal to assign officers to attend and report; simultaneously providing information and materials (if available) to Ministry of Public Security Electronic Portal officers for editing and posting. In cases where it is objectively impossible to assign officers to attend and report, the Ministry of Public Security Electronic Portal shall be responsible for exchanging again with the hosting unit to develop news articles to be submitted to the Ministry of Public Security Electronic Portal for review and posting according to regulations.

For activities and events hosted by units outside the People's Police force but attended by Ministry of Public Security leaders requiring information dissemination and promotion: Before the activity or event takes place, the unit primarily responsible for serving the Ministry of Public Security leaders participating in the activity or event shall be responsible for notifying the Ministry of Public Security Electronic Portal to assign officers to access, report, or cooperate in reporting.

4. For directives from Party and State leaders related to public security work drafted by the Ministry of Public Security and submitted for signature and issuance by Party and State leaders; and for directives from Ministry of Public Security leaders requiring information dissemination and promotion: The unit primarily responsible for drafting the document (or advising on its development) shall be responsible for providing the document or proposing specific content for publication by the Ministry of Public Security Electronic Portal within two working days from the date the document is signed and issued or when the Ministry of Public Security leader issues a directive.

5. For thematic promotional sections based on events or fields: The Ministry of Public Security Electronic Portal shall coordinate with local police units to develop the content and basic components of the promotional section.

Local police units shall be responsible for providing information and data related to the thematic section upon request by the Ministry of Public Security Electronic Portal.

6. For information related to situations concerning public security assurance, social order, construction of the People's Police force; periodic work results or major special topic work results on national security protection, social order and safety assurance, crime prevention and suppression, law violations, and People's Police force construction: Local police units shall provide information or propose specific content for publication by the Ministry of Public Security Electronic Portal within two working days from the date the document is approved or decided by the competent authority.

For criminal methods and schemes of operation, threats, and impacts on national security and social order and safety that need timely warning to agencies, enterprises, organizations, and citizens: Local police units shall proactively propose immediate publication upon discovery of these methods, schemes, threats, or when requested by the Ministry of Public Security Electronic Portal.

7. For complex incidents or issues occurring at units or locations that attract public attention: Local police units shall provide information about the incident or issue, guiding viewpoints on resolution, and planned actions to the Ministry of Public Security Electronic Portal within twelve hours from the time the incident or issue occurs.

8. For information on legal affairs and administrative reform, judicial matters:

a) For documents stipulated in points a, b, d Clause 15 Article 3 of this Circular: Implement according to Circular No. 38/2017/TT-BCA dated September 28, 2017, of the Minister of Public Security on the construction, issuance, inspection, handling, and review, systematization of legal normative documents in the People's Police force and Regulations on the dissemination and popularization of laws on the Ministry of Public Security Electronic Portal; posting legal normative documents and draft legal normative documents on the Ministry of Public Security Electronic Portal and the Government Electronic Portal accompanying Decision No. 353/QĐ-BCA-V19 dated February 8, 2017, of the Minister of Public Security.

b) For information stipulated in points c, đ, e Clause 15 Article 3 of this Circular: The Legal Reform and Administrative Reform Department shall be responsible for reporting and seeking approval from the Ministry of Public Security leadership on the publication of this information on the Ministry of Public Security Electronic Portal.

Upon agreement from the Ministry of Public Security leadership, within two working days, the Legal Reform and Administrative Reform Department shall be responsible for providing information and materials to the Ministry of Public Security Electronic Portal for editing and posting.

9. For information spoken or directly provided to the press by leaders of units and local public security agencies: Units and local public security agencies shall proactively provide such information to the Ministry of Public Security's Electronic Information Portal simultaneously with their statements or provision to press agencies. The Ministry of Public Security's Electronic Information Portal shall review and post the information when necessary, and uniformly manage the activities of making statements and providing information to the press concerning the same issue.

10. Time limit for answering questions from organizations and individuals regarding issues within the scope of state management delegated by the Ministry of Public Security to units and local public security agencies for resolution (transmitted by the Ministry of Public Security's Electronic Information Portal): Within five working days from the date of receipt of the question; in cases requiring cooperation from other units and local public security agencies, the time limit for answering shall not exceed ten working days from the date of receipt of the question.

11. For information on scientific research projects and science and technology products in the public security sector (for civilian use): The time limit for providing such information shall not exceed twenty working days from the date of acceptance of the scientific research project or science and technology product.

12. Other information: Units and local public security agencies shall proactively review the information within their responsibility to provide, compile, and send it to the Ministry of Public Security's Electronic Information Portal.

Article 6. Rights and responsibilities of units and local public security agencies in providing information

1. Request the Ministry of Public Security's Electronic Information Portal to publish information within the scope of management of their unit or locality.

2. Assign leaders, units, and officers responsible for providing information and notify the Ministry of Public Security's Electronic Information Portal thereof.

3. Provide complete, accurate, and timely information to the Ministry of Public Security's Electronic Information Portal in accordance with this Circular and bear responsibility for the contents of the information provided.

Article 7. Rights and responsibilities of the Office (Ministry of Public Security's Electronic Information Portal)

1. Require units and local public security agencies to provide information within the scope and functions of their management for posting on the Ministry of Public Security's Electronic Information Portal.

2. Receive, process, verify the source of information, its transparency, and assess its quality. In necessary cases, the Ministry of Public Security's Electronic Information Portal has the right to exchange views, request organizations or individuals to provide verified, supplementary, or clarifying information about the provided content.

3. Collect, exploit, edit, approve, and post contents related to the performance of functions and tasks of the Ministry of Public Security.

Chapter III
IMPLEMENTATION

Article 8. Effective Date

1. This Circular takes effect from September 15, 2020.

2. In case the referenced documents for application in this Circular are amended, supplemented, or replaced, they shall be implemented according to the amended, supplemented, or replacing documents.

Article 9. Responsibility for implementation

1. Units and local public security agencies have the responsibility to strictly implement this Circular; promptly reflect difficulties encountered during implementation to the Ministry (through the Office) for guidance and clarification.

2. The Office has the responsibility to monitor, guide, inspect, urge, and evaluate the implementation of this Circular; report periodically or ad hoc as required by the leadership of the Ministry of Public Security on the situation of providing information to the Ministry of Public Security's Electronic Information Portal by units and local public security agencies./.