Vietnam: What are the responsibilities of the Ministry of Information and Communications regarding the national database under Decree 47/2024/ND-CP?

“What are the responsibilities of the Ministry of Information and Communications regarding the national database under Decree 47/2024/ND-CP?” - asked Mr. H.A (Nam Dinh)

What are the responsibilities of the Ministry of Information and Communications regarding the national database in Vietnam under Decree 47/2024/ND-CP?

On May 9, 2024, the Government of Vietnam promulgates Decree 47/2024/ND-CP on the list of national databases; the establishment, updating, maintenance, exploitation, and use of national databases.

Under Article 20 of Decree 47/2024/ND-CP defining responsibilities for the national database of the Ministry of Information and Communications as follows:

- Develop, manage, operate, and maintain the national data integration and sharing platform serving the connection between national databases and national databases with databases of ministries, central and local authorities, and other information systems; manage the list of data services in state agencies.

- Coordinate the connection of national databases with the National Data Portal, and Data Sharing Service Management System to serve state agencies in carrying out procedures for requesting and handling requests for data connection and sharing as prescribed in Decree 47/2020/ND-CP.

- The Minister of Information and Communications shall take charge of and coordinate with managing bodies of national databases and concerned agencies in, elaborating, promulgating, or sending competent authorities for the promulgation of regulations, standards and general technical regulations on information technology for the development, exploitation, and use of national databases.

- Take charge of and coordinate with managing agencies of national databases and related agencies in, establishing lists of master data in state agencies, centralized databases containing information on master data and master data linkages between national databases; formulate, promulgate or submit to competent authorities for promulgation regulations on master data architecture.

- Take charge of and coordinate with concerned agencies in, training and forming a network of experts in developing, updating, maintaining, exploiting and using national databases; experts in cloud computing, data analysis for the development of e-government, digital government, digital economy and digital society according to assigned functions and tasks.

- Periodically guide, inspect, and evaluate the compliance with the provisions of law on developing, updating, maintaining, exploiting and using the national database; coordinate in supervising and responding to cyberinformation security incidents of national database systems under law.

What are the responsibilities of ministries, ministerial-level agencies, and Government-attached agencies regarding the national database in Vietnam?

Article 24 of Decree 47/2024/ND-CP stipulates the responsibilities of ministries, ministerial-level agencies, Government-attached agencies, and People's Committees of provinces and municipalities as follows:

- Update information and allocate funds to update information to the national database under its management as prescribed in Article 10 of Decree 47/2024/ND-CP.

- Connect and share data in national databases, specialized databases, and shared databases under their management with other national databases.

- Review regulations and procedures within the scope and management functions to simplify administrative papers and procedures on the basis of using data from the national database.

- Propose to supplement, update and adjust the list of national databases according to Clause 2 Article 6 of Decree 47/2024/ND-CP in accordance with the needs of information technology application and digital transformation of each stage of development of e-Government and Digital Government; Digital economy and digital society under management.

- Direct subordinate agencies and units to provide information and update data fluctuations with the national database and take responsibility for the accuracy and integrity of this information and data.

- In case a new national database is not included in the list of national databases in specialized legal documents, the agency in charge of the proposal should ensure compliance with the provisions of Clause 1, Article 6 of Decree 47/2024/ND-CP, and must have a uniform document from the Ministry of Information and Communications.

What are the rights and responsibilities of organizations and individuals in developing, updating, maintaining, exploiting and using the national database in Vietnam?

Under Article 25 of Decree 47/2024/ND-CP, the rights and responsibilities of organizations and individuals in developing, updating, maintaining, exploiting and using the national database in Vietnam are stipulated as follows:

- Be entitled to exploit and use data from national databases as prescribed in Decree 47/2024/ND-CP and regulations on exploitation and use of national databases.

- Have the right to complain and denounce in accordance with the law complaints and denunciations when their right to exploit and use data is violated.

- Comply with the principles specified in Article 4 of Decree 47/2024/ND-CP and regulations of competent authorities on developing, managing, exploiting and using the national database.

- Ensure the completeness and accuracy of the data provided by them. Update and promptly notify database managing agencies when there are changes or errors to the provided data.

Note: For regulations on the development, updating, maintenance, exploitation, and use of national databases that are not in accordance with the provisions of this Decree, Decree 47/2024/ND-CP shall uniformly apply.

Thư Viện Pháp Luật

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