Shall regulatory agencies collect fees for sharing data between regulatory agencies in Vietnam?
Shall regulatory agencies collect fees for sharing data between regulatory agencies in Vietnam?
Pursuant to the provisions of Clause 2, Article 42 of the Law on Electronic Transactions 2023, the regulations are as follows:
Data connection and share
1. Regulatory agencies shall be responsible for ensuring the availability of data connection and sharing to agencies, organizations and individuals, thereby serving e-transactions, including:
a) Personnel making data connection and sharing shall include on-site personnel who are managing and operating information systems or other relevant personnel in regulatory agencies; if on-site personnel does not satisfy requirements, experts may be hired;
b) Projects on investment in application of information technology funded by state budget to develop information systems, databases in regulatory agencies must consist of items serving data connection and sharing. If these items are not included in projects, explanations about the exclusion of items serving data connection and sharing during the process of operation and use are required;
c) Regulations on data collection and use for databases under their management shall be promulgated and publicly disclosed;
d) Measures to ensure cybersecuriy, information security and confidentiality in the process of data connection and sharing in accordance with regulations of law.
2. Unless otherwise provided for by law, regulatory agencies shall connect and share data with other agencies and organizations. Do not provide information that can be obtained via connection and sharing between information systems in the form of physical documents. Do not collect fees for sharing data between regulatory agencies.
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Thus, based on the above regulations, state agencies are not allowed to collect fees for sharing data for electronic transactions between state agencies.
Shall regulatory agencies collect fees for sharing data between regulatory agencies in Vietnam?
How many types of e-transactions of regulatory agencies in Vietnam are there?
Pursuant to the provisions of Article 39 of the Law on Electronic Transactions 2023, the regulations are as follows:
Types of e-transactions of regulatory agencies
1. E-transactions within a regulatory agency.
2. E-transactions among different regulatory agencies.
3. E-transactions between regulatory agencies and other agencies, organizations and individuals.
Accordingly, the types of e-transactions of regulatory agencies are as follows:
- E-transactions within a regulatory agency.
- E-transactions among different regulatory agencies.
- E-transactions between regulatory agencies and other agencies, organizations and individuals.
What is open data of regulatory agencies in Vietnam?
Pursuant to Article 43 of the Law on Electronic Transactions 2023, it is stipulated as follows:
Open data of regulatory agencies
1. Open data of regulatory agencies is data disclosed by competent regulatory agencies to agencies, organizations and individuals to freely use, reuse and share. Regulatory agencies shall disclose open data to agencies, organizations and individuals to freely use, reuse and share in order to improve e-transactions, digital transformation and digital socio-economic development.
2. The open data must be intact and show adequate information provided by regulatory agencies; be up-to-date; can be accessed and used on the Internet; can be sent, received, stored and processed by digital devices; has open file format and free file format.
3. Agencies, organizations and individuals can freely use open data, and are not required to enter personal information when collecting and using open data is not required.
4. Agencies, organizations and individuals can freely copy, share, change and use open data or connect open data with other data; use open data for their commercial or non-commercial products and services, unless otherwise provided for by law.
5. Agencies, organizations and individuals shall include citations and acknowledge the use of open data in products, services and relevant documents using open data.
6. Regulatory agencies may cease to be liable for additional losses of agencies, organizations and individuals caused by the use of open data.
7. The Government of Vietnam shall elaborate open data and provide requirements for ensuring the implementation of regulations in this Article.
Accordingly, open data of regulatory agencies is data disclosed by competent regulatory agencies to agencies, organizations and individuals to freely use, reuse and share. Regulatory agencies shall disclose open data to agencies, organizations and individuals to freely use, reuse and share in order to improve e-transactions, digital transformation and digital socio-economic development.
The Law on Electronic Transactions 2023 takes effect from July 1, 2024.
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