Which entities are exempt from fees for mining and use of environmental data in Vietnam form December 15, 2023?
- Which entities are exempt from fees for mining and use of environmental data in Vietnam form December 15, 2023?
- What are the forms for use of environment data in Vietnam?
- What are the responsibilities of users of environment data in Vietnam?
- What are the responsibilities of agencies providing environment data in Vietnam?
Which entities are exempt from fees for mining and use of environmental data in Vietnam form December 15, 2023?
On October 31, 2023, the Minister of Finance issued Circular 65/2023/TT-BTC on prescribing fees for mining and use of environmental data and collection, transfer, management and use thereof.
According to the provisions of Article 1 of Circular 65/2023/TT-BTC on the Scope and regulated entities as follows:
Scope and regulated entities
1. This Circular provides for fees for mining and use of environmental data and collection, transfer, management and use thereof.
2. This Circular applies to fee payers; fee collectors; other organizations and individuals related to mining and use of environmental data and fee collection and transfer.
3. This Circular does not govern the mining and use of environmental data by regulatory authorities for the purposes specified in clause 5 Article 32 of the Law on Hydrometeorology and Article 23 of the Government’s Decree No. 38/2016/ND-CP dated May 15, 2016.
Accordingly, the fees for mining and use of environmental data from December 15, 2023 in Circular 65/2023/TT-BTC does not apply to the following activities:
- Exploit and use environmental data from state agencies on Vietnam's climate change scenarios.
- Regulatory agencies that exploit hydrometeorological information, data for following purposes shall not pay fees:
+ Making public announcements on mass media not for profits;
+ Serving natural disaster prevention and combat, ensuring protection of national security and defense;
+ Exchanging information with other countries, international organizations according to the international agreements to which the Socialist Republic of Vietnam is a signatory;
- Exploitation and use of hydro-meteorological information and data for other proposes as requested by competent state agencies include:
+ Serving activities of Party, National Assembly or Government agencies or central socio- political organizations;
+ Serving investigation, adjudication and dispute resolution activities at the request of investigative and adjudicative bodies;
+ Serving the formulation of socio-economic development strategies, master plans and plans of ministries, sectors and localities at the request of ministers, heads of ministerial-level agencies or provincial-level People’s Committee chairpersons.
Which entities are exempt from fees for mining and use of environmental data in Vietnam form December 15, 2023?
What are the forms for use of environment data in Vietnam?
According to the provisions of Article 16 of Decree 73/2017/ND-CP, the natural resources and environment data may be obtained and used in any of the following forms:
- Natural resources and environment data may be obtained for use through the website or portal or by connecting, accessing or sharing information with the natural resources and environment database of the agency in charge of managing and providing natural resources and environment data.
- A written request may be submitted for natural resources and environment data.
- Natural resources and environment may be provided under a written agreement made by and between the agency in charge of managing such natural resources and environment data and a specific user in accordance with regulations of law.
What are the responsibilities of users of environment data in Vietnam?
Pursuant to Article 20 of Decree 73/2017/ND-CP, users of natural resources and environment data have the following responsibilities:
- Comply with principles for using natural resources and environment data prescribed in Article 5 herein.
- Not to provide natural resources and environment data to the third party for use, except the cases where it is agreed upon in the written agreement signed by and between the user and data-providing agency.
- Not to falsify information and data obtained for use.
- Pay fees for using natural resources and environment data as prescribed in Article 8 herein.
- Abide by regulations of the law on intellectual property.
- Timely give notification to the data-providing agency of mistakes of provided data.
- Make complaint or denunciation of actions against the user’s rights to use data in accordance with regulations of the law.
- Receive compensation in accordance with regulations of law in case the data-providing agency provides inaccurate data resulting in causing damage to the user.
What are the responsibilities of agencies providing environment data in Vietnam?
Pursuant to Article 17 of Decree 73/2017/ND-CP stipulates as follows:
Using natural resources and environment data by accessing the website or portal of data-providing agency
1. An organization or individual must apply for the access right granted by the data-providing agency to access and use natural resources and environment data available on the website or the portal of such data-providing agency.
2. The organization or individual having the access right must use correct user name and password to access the website or portal of the data-providing agency, and not reveal the granted user name and password.
3. The data-providing agency shall assume responsibility to:
a) Ensure the convenient access to users; provide searching tools which must be easy to use and provide accurate results;
b) Provide information and data under formats prescribed by technical standards and/or regulations in order that data may be easily downloaded, quickly shown and printed by popular electronic devices.
Thus, agencies providing environmental data have the following responsibilities:
- Ensure the convenient access to users; provide searching tools which must be easy to use and provide accurate results;
- Provide information and data under formats prescribed by technical standards and/or regulations in order that data may be easily downloaded, quickly shown and printed by popular electronic devices
Circular 65/2023/TT-BTC will take effect from December 15, 2023
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