Regulations on exploitation and utilization of the national database in Vietnam

Regulations on exploitation and utilization of the national database in Vietnam​ (Image from Internet)

Regarding this matter, LawNet provides clarification as follows:

On May 09, 2024, the Government of Vietnam promulgated Decree 47/2024/ND-CP on the list of national databases; the construction, updating, maintenance, exploitation, and use of the national databases.

Subjects for the exploitation and use of national databases in Vietnam

The subjects for the exploitation and use of national databases in Vietnam include:

- State management agencies utilizing data in the national databases to serve state management activities according to their functions and duties;

- Agencies, organizations, and individuals permitted to exploit and use their information in accordance with legal provisions on the management, connection, and sharing of digital data by state agencies and the protection of personal information and data;

- Agencies, organizations, and individuals exploiting and using information in national databases according to the regulations on the exploitation and use of national databases issued by the database management authority.

(Clause 1, Article 12 of Decree 47/2024/ND-CP)

Methods of exploiting and using national databases in Vietnam

According to Clause 2, Article 12 of Decree 47/2024/ND-CP, the methods of exploiting and using national databases in Vietnam are stipulated as follows:

- Data sharing between national databases, between national databases and databases of ministries, central and local authorities, other information systems through default sharing methods; via the National Data Integration and Sharing Platform and the Ministerial and Provincial Data Integration and Sharing Platforms and other platforms as prescribed by law;

- Agencies, organizations, and individuals exploiting and using data from national databases through the National Data Portal, the National Public Service Portal, the electronic portals of the national database management authority, national identification applications, electronic identification and authentication platforms, and other means provided by competent authorities;

- Agencies, organizations, and individuals have the right to extract their information in national databases;

- Data sharing services stipulated in Clause 1, Article 12 of Decree 47/2024/ND-CP must be declared, updated into the Data Sharing Service Management System prescribed in Article 26 of Decree 47/2024/ND-CP.

Regulations on the exploitation and use of national databases in Vietnam

Clause 4, Article 12 of Decree 47/2024/ND-CP provides for the regulations on the exploitation and use of national databases in Vietnam as follows:

- The head of the agency in charge of the national database is responsible for promulgating and implementing the Regulations on the exploitation and use of the national database under their management (hereinafter referred to as the Regulations);

- The basis for formulating the Regulations includes: the functions, duties, and organization of the national database management authority; the objectives of the national database construction; information about the primary data of the national database; the scope and scale of data in the national database; the subjects and purposes of exploiting and using the national database; methods for sharing data from the national database; the current status and requirements for exploiting and using the national database.

- The main contents of the Regulations include: the subjects and scope of exploitation and use; the specific responsibilities, rights, and obligations of each agency, organization, and individual related to the management, maintenance of data, the operation of the national database information system, exploitation, and use of the national database; the conditions, requirements, connection processes, and data sharing methods; the types of data exploitation; the requirements for data usage and compliance with legal provisions in the exploitation and use of information and data; sanctions for violations of the regulations.

More details can be found in Decree 47/2024/ND-CP, effective from May 09, 2024.

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