Vietnam: Scope of use and exploitation of data and information on construction costs

Recently, the Minister of Construction of Vietnam has issued Circular No. 12/2019/TT-BXD guiding the development and administration of database systems for construction input norms, costs and output price indices.

Specifically, according to Article 9 of Circular No. 12/2019/TT-BXD of the Ministry of Construction of Vietnam, persons and entities shall be entitled to access, use and exploitation of data and information about construction input norms, costs and output price indices via Internet networks or websites, subject to the following regulations:

- Accessing, using and exploiting the list of data and information about construction input norms, costs and output price indices.

- Accessing, using and exploiting data and information about construction input norms, costs and output price indices according to laws that are widely disseminated and made known to the public.

However, persons and entities shall be entitled to apply for grant of rights to access and use data and information other than those prescribed above through Internet networks and websites. Database administrators can grant rights to access data and information about construction input norms, costs and output price indices to persons and entities submitting applications provided that such rights are relevant to users and purposes prescribed in regulations in force.

However, entities and persons accessing, using and exploiting databases shall assume the following responsibilities:

- Entering correct addresses and passwords; avoiding any disclosure of granted addresses and passwords.

- Accessing, using and exploiting data and information within their delegated authority and avoiding illegal infringement upon databases; using data and information for predetermined purposes.

- Managing contents of received data and information, avoiding providing them to entities and persons, unless otherwise permitted by database administrators.

- Prohibiting any unauthorized change, erasure, deletion, cancellation, duplication, disclosure, display or movement of part or all of data and information; preventing development or spread of software programs that may cause adverse impacts or falsify databases of construction input norms, costs and output price indices; sending timely notices of any error or defect in provided data and information to database administrators.

- Complying with laws on protection of state secrets and Cybersecurity Law; bearing responsibility for any violation arising from access to, use or exploitation of data and information.

Access to, use and exploitation of data and information about construction input norms, costs and output price indices through Internet networks or websites must conform to regulations laid down in the Law on Electronic Transactions of Vietnam, the Law on Information Technology and other documents providing instructions about these Laws.

View full text at Circular No. 12/2019/TT-BXD of the Ministry of Construction of Vietnam, effective from February 15, 2020.

Thu Ba

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