Cases of suspension and termination of data connection and sharing on the internet in Vietnam

Cases of suspension and termination of data connection and sharing on the internet in Vietnam (Internet image)

The Minister of Transport of Vietnam promulgates Circular 28/2022/TT-BGTVT dated November 29, 2022 providing for the management, maintenance, sharing and safety of vehicle registration data information. carriage.

1.  Entities and methods of vehicle registration data connection and sharing in Vietnam

1.1.  Entities of vehicle registration data connection and sharing in Vietnam

According to Clause 2, Article 9 of Circular 28/2022/TT-BGTVT, the entities entitled to be provided with shared vehicle registration data

- Agencies performing state management purposes;

- Legal owners or managers of vehicles as per the law;

- Other organizations and individuals that request so.

1.2. Methods of vehicle registration data connection and sharing in Vietnam

According to Clause 4, Article 9 of Circular 28/2022/TT-BGTVT, the methods of sharing data include:

- Via platform for integration and sharing of data of Ministry of Transport;

- Direct connection between information registration data information system and information system of organizations that request to access the data;

- Online search on website of the governing authority of vehicle registration data;

- Written presentation of the information.

2. Cases of suspension and termination of data connection and sharing on the internet in Vietnam

2.1. Cases of suspension of data connection and sharing on the internet in Vietnam

According to Clause 1, Article 11 of Circular 28/2022/TT-BGTVT, the governing authority of vehicle registration data shall suspend data connection and sharing when:

- Information system or information infrastructure is expanded, upgraded, or under maintenance;

- A force majeure that severs data connection and sharing or affects operation of the information system or data security occurs;

- Agencies or organizations provided with vehicle registration data fail to use the data for the intended purposes or scope stated under the written request for data connection and sharing;

- Connection with agencies or organizations granted access to vehicle registration data connection and sharing is deemed to be a security or safety hazard.

2.2. Cases of termination of data connection and sharing on the internet in Vietnam

According to Clause 2, Article 11 of Circular 28/2022/TT-BGTVT, the governing authority of vehicle registration data shall terminate data connection and sharing when:

- Connection cannot be restored due to incidents or objective causes which lead to the governing authority of vehicle registration data’s inability to maintain data sharing;

- Agencies, organizations, or individuals granted access to data connection and sharing no longer wish to continue having data connection and sharing;

- Competent bodies request termination of data connection and sharing in accordance with regulations and law.

3. Rules for sharing information security of vehicle registration data in Vietnam

Rules for creating, updating, managing, maintaining, connecting, sharing, using, and ensuring information security of vehicle registration data include:

- Complying with regulations on protection of state secrets; regulations on cyberinformation security, regulations on information system security by classification.

- Complying with Article 5 through Article 7 of Decree 47/2020/ND-CP.

- Ensuring adequacy and legitimacy of data for the purpose of management and use of vehicle registration data.

- Conforming to Vietnamese e-Government Framework and Ministry of Transport e-Government Framework.

- Complying with regulations on information security; regulations on intellectual property pertaining to data and privacy of organizations and individuals.

- Complying with regulations and technical guidelines on data exchange and application of information technology in state authorities.

(Article 3 of Circular 28/2022/TT-BGTVT)

4. Basic information contained in the vehicle registration database in Vietnam

Specifically, in Clause 2, Article 4 of Circular 28/2022/TT-BGTVT, the basic information contained in the vehicle registration database includes:

- Information under Appendix I attached to Circular 28/2022/TT-BGTVT in case of road motorized vehicles;

- Information under Appendix II attached to Circular 28/2022/TT-BGTVT in case of heavy-duty vehicles;

- Information under Appendix III attached to Circular 28/2022/TT-BGTVT in case of sea vessels;

- Information under Appendix IV attached to Circular 28/2022/TT-BGTVT in case of inland waterway crafts;

- Information under Appendix V attached to Circular 28/2022/TT-BGTVT in case of railway vehicles.

More details can be found in Circular 28/2022/TT-BGTVT effective from February 1, 2023.

Thanh Rin

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