Decree No. 47/2020/NĐ-CP: Data shared among regulatory agencies of Vietnam shall not be charged

According to Decree No. 47/2020/NĐ-CP of Vietnam’s Government, general rules in data management, connection and share include:

1. Data formed during operation of regulatory agencies and shared to serve operations of regulatory agencies in order to serve the people and enterprises shall comply with regulations and law in data creation, management and use.

2. Regulatory agencies are responsible for sharing data with other agencies, organizations and individuals as per the law; not sharing information in written form in case of information utilized in form of connection and data share among information systems; not collecting or recollecting data or requesting people and enterprises to provide information and data during administrative violations if said data has been provided by other regulatory agencies, being ready for provision via connection and data share, in case said data is not qualified in terms of quality according to specialized standards and regulations or otherwise regulated by the law.

3. Data sharing among regulatory agencies shall not affect powers and responsibilities of relevant organizations and individuals, not violate rights regarding private lives, personal secrets and family secrets unless otherwise specified by the law.

4. Shared data must be updated and accurate as per the law.

5. Data shared among regulatory agencies shall not be charged, except for cases of utilizing or using data under schedules specified in Law on Fees and Charges of Vietnam.

6. Data of regulatory agencies shared to organizations and individuals shall comply with following principles:

- Organizations and individuals shall hold the rights to utilize their data or data of other organizations and individuals with their consent, unless otherwise specified by regulations and law;

- With respect to cases other than those specified in Point a of this Clauses, data of regulatory agencies shared for organizations and individuals shall comply with Law on Information Access and applicable regulations and law.

Besides, Decree No. 47/2020/NĐ-CP also stipulates that the legal value of shared data in data messages shall be determined according to the legal value of the data messages specified in Section 1 Chapter II of Law on E-Transactions and relevant law provisions.

View more details at Decree No. 47/2020/NĐ-CP of Vietnam’s Government, effective from May 25, 2020.

Le Hai

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