What are the prohibited acts regarding the National Database on cadres, civil servants, and public employees in Vietnam? – Thu Dieu (Khanh Hoa)
Prohibited acts regarding the National Database on cadres, civil servants, and public employees in Vietnam (Internet image)
Regarding this issue, LawNet would like to answer as follows:
The national database on cadres, civil servants, and public employees in state agencies is an information system that collects, integrates, and shares data on cadres, civil servants, public employees, and employees. organize the apparatus, payroll, and job positions to synthesize and analyze data to serve the direction and administration of the Government, the Prime Minister and state agencies at all levels.
The national database is formed from data sources on cadres, civil servants, public employees, and employees in state agencies mentioned in Article 2 of the Regulation promulgated together with Circular 06/2023/TT-BNV and is centrally managed and archived at the Ministry of Home Affairs. It is built, managed, and operated by the Ministry of Home Affairs to serve macromanagement.
(Clause 1, Article 3 of the Regulation issued together with Circular 06/2023/TT-BNV)
Prohibited acts regarding the National Database on cadres, civil servants, and public employees in state agencies shall comply with the provisions of Article 8 of Decree 47/2020/ND-CP on management, connection, and sharing of digital data of state agencies, and other acts in accordance with relevant laws.
Prohibited acts regarding the management, connection, and sharing of digital data by state agencies are as follows: - Obstruct connection, rights to connect and use data legally of agencies, organizations and individuals as per the law. - Sell, trade or exchange data against regulations and law. - Violations against regulations and law on intellectual property, personal information protection rights upon connecting and sharing data. - Falsify data during transmission from agencies providing data to agencies utilizing data. - Destroy information infrastructure interrupt connection and data share. |
(Article 5 of the Regulations issued together with Circular 06/2023/TT-BNV)
Specifically, in Article 4 of the Regulation promulgated together with Circular 06/2023/TT-BNV stipulating the principles of implementation in the National Database of cadres, civil servants, and public employees in state agencies, such as: after:
- The construction and management of national databases and databases of ministries, branches, and localities are the responsibility of the Ministry of Home Affairs, ministries, branches, localities, cadres, civil servants, and public employees;
To be implemented uniformly, synchronously, scientifically, fully, accurately, and timely to reflect the information of each cadre, civil servant, public employee, and employee since being recruited, signing labor contracts, until no longer working at state agencies;
Ensuring consistency in direction and administration; maximum concentration of resources, shortening the time in collecting, editing, and updating information about officials, civil servants, public employees, and employees in state agencies.
- National databases, databases of ministries, branches, and localities shall be stored, kept confidential, and ensure information security and safety in accordance with law. The construction, management, use, and exploitation comply with the Party's regulations and relevant laws and are in accordance with the Vietnam E-Government Architecture Framework;
Regulations on the management, connection, and sharing of digital data by state agencies; regulations on the protection of private life, personal secrets, family secrets; and other relevant laws.
- Data of cadres, civil servants, public employees, and employees must be updated and accurate in accordance with the provisions of law.
Data of cadres, civil servants, public employees, and employees is managed according to the restriction of access and encryption of a number of information fields to ensure confidentiality and information safety in cadre work. The determination of data access restrictions complies with the Party's regulations and the law on cadres, civil servants, and public employees.
- The person who has been approved in writing by the competent authority managing cadres, civil servants, and public employees to access, research, use, and exploit data on the National Database and databases of ministries, branches, and localities as prescribed by law, except for personal information of that person or otherwise prescribed by law.
- Do not provide information in the form of documents for information that has been exploited through data connection and sharing between information systems.
It is not required to re-declare information and data already in the national database or in the databases of ministries, branches, and localities, except in cases of serving updates or for data verification and verification purposes.
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