What are regulations on exploitation and use of the National Database from May 09, 2024 in Vietnam?

What are regulations on exploitation and use of the National Database from May 09, 2024 in Vietnam? (Image from the internet)

Regarding this issue, LawNet explains as follows:

Regulations on the exploitation and use of national databases from May 9, 2024 in Vietnam

According to Article 12 of Decree 47/2024/ND-CP regulating the exploitation and use of national databases in Vietnam:

(1) Subjects of data exploitation and use:

- State management agencies according to their functions and duties exploit and use data in the national database to serve state management activities within their authority;

- Agencies, organizations, and individuals are allowed to exploit and use their information according to the provisions of law on digital data management, connection, and sharing of state agencies and the protection of personal information and data;

- Agencies, organizations, and individuals exploit and use information in the national database according to the regulations on the exploitation and use of the national database issued by the entity in charge of the national database.

(2) Methods of data exploitation and use:

- Data sharing between national databases, between national databases with the databases of ministries, central authorities, and local authorities, and other information systems is carried out in the form of default sharing; through the National Data Integration and Sharing Platform and the Integration and Sharing Platforms of ministries and provinces, and other platforms as prescribed by law;

- Agencies, organizations, and individuals exploit and use data from the national database through the National Data Portal, National Public Service Portal, Electronic Information Portal of the entity in charge of the national database, national identification application, electronic identification and authentication platform, and other sources provided by competent agencies;

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

- Data sharing services stipulated in paragraph (1) must be declared and updated into the Data Sharing Service Management System as specified in Article 26 of Decree 47/2020/ND-CP.

(3) Information systems that connect and share data with national databases must meet the following requirements:

- Implement and ensure a minimum level 3 network information security according to the provisions of the law on network information security;

- Be checked and assessed for network information security before connecting and sharing data with the national database or during periodic or irregular inspections as prescribed.

(4) Regulations on the exploitation and use of the national database

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

- The basis for drafting the Regulations includes: the functions, duties, and organizational structure of the entity in charge of the national database; the goals for constructing the national database; information about the primary data of the national database; the scope and scale of data in the national database; subjects and purposes of exploiting and using the national database; methods of data sharing from the national database; the current status and requirements for exploiting and using the national database;

- The main contents of the Regulations include: subjects and scope of exploitation and use; specific regulations on the responsibilities, powers, and obligations of each agency, organization, and individual related to the management, maintenance of data, operation of the national database information system, exploitation, and use of the national database; conditions, requirements, and procedures for connecting and sharing data; data exploitation methods; requirements for data use and compliance with legal regulations in data exploitation and use; disciplinary measures for violations of the regulations.

(5) Update, synchronize, exploit, and use data at the National Data Center

- National databases must synchronize and update data to the National Data Center in compliance with regulations on data connection, sharing, and information security;

- Data from national databases, once synchronized to the National Data Center, form the National Integrated Database, which is a part of the National Database List. The Prime Minister of the Government of Vietnam decides the scope of data synchronization according to the provisions of this paragraph;

- Once synchronized to the National Integrated Database, data can be exploited in the open data repository and the shared data repository serving ministries, departments, local authorities, and the public, contributing to the socio-economic development;

- Data synchronized to the National Data Center has the same exploitation and use value as the original data from ministries and central authorities, provided that data is updated and consistent with corresponding data in the national databases and complies with specialized legal regulations.

Note: The exploitation and use of the national database must comply with legal provisions on personal information protection; personal data protection; state secrets protection; network information security; and cybersecurity.

Nguyen Ngoc Que Anh

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE