Decree No. 09/2019/ND-CP reporting regimes applicable to state administrative agencies

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Decree No. 09/2019/ND-CP dated January 24, 2019 of the Government on prescribing reporting regimes applicable to state administrative agencies
Issuing body: Government Effective date:
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Official number: 09/2019/ND-CP Signer: Nguyen Xuan Phuc
Type: Decree Expiry date: Updating
Issuing date: 24/01/2019 Effect status:
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Fields: Administration

SUMMARY

Contents of a report may consist of texts or data only

This is the content approved by the Government in the Decree No. 09/2019/ND-CP prescribing reporting regimes applicable to state administrative agencies on January 24, 2019.

According to this Decree, the Government requires that:

- The title of a report must be clear and concise and reflect the required contents and scope of the report;

- Required contents of a report must provide necessary information to meet management, direction and administration requirements of state administrative agencies and competent persons. On a case-by-case basis, required contents of a report may consist of texts or data only or may consist of both texts and data;

- A reporting regime must clearly define the report maker (state administrative agency, organization or individual), and name of the report recipient;

- A report shall be sent to its recipient(s) directly, by post, by fax or via email…

This Decree takes effect on March 12, 2019.

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Effect status: Known

THEGOVERNMENT

 

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

No. 09/2019/ND-CP

 

Hanoi, January 24, 2019

 

DECREE

Prescribing reporting regimes applicable to state administrative agencies[1]

 

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the June 19, 2015 Law on Organization of Local Administration;

Pursuant to the June 22, 2015 Law on Promulgation of Legal Documents;

Pursuant to the November 29, 2005 Law on E-Transactions;

Pursuant to the June 29, 2006 Law on Information Technology;

Pursuant to the April 6, 2016 Law on Access to Information;

Pursuant to the November 19, 2015 Law on Cyberinformation Security;

Pursuant to the June 12, 2018 Law on Cyber Security;

At the proposal of the Minister-Chairperson of the Government Office;

The Government promulgates the Decree prescribing reporting regimes applicable to state administrative agencies.

 

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Decree prescribes:

a/ Principles of and competence for issuing, and contents of, reporting regimes applicable to state administrative agencies in implementing reporting work between state administrative agencies themselves and between state administrative agencies and related organizations and individuals;

b/ Requirements for issuance of reporting regimes;

c/ Application of information technology to implementation of reporting regimes and establishment of the national reporting information system;

d/ Rights and responsibilities of agencies, organizations and individuals in implementation of reporting regimes.

2. This Decree does not regulate:

a/ Statistical reporting regimes as prescribed by the statistical law;

b/ Confidential reporting regimes as prescribed by the law on state secrets;

c/ Internal reporting regimes applicable to state administrative agencies.

Article 2.Subjects of application

1. State administrative agencies, cadres, civil servants and public employees involved in the issuance and implementation of reporting regimes.

2. Organizations and individuals involved in the implementation of reporting regimes issued by state administrative agencies.

Article 3.Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Report means a type of administrative document (paper document or electronic document) of an agency, organization or individual which is used to show the progress and result of task performance with a view to helping a competent agency or person get information serving its/his/her analysis, evaluation and administration activities and promulgation of appropriate management decisions.

2. Reporting regime applicable to operation of state administrative agencies covers specific requirements on reporting which is issued by a competent agency or person within the state administrative system and is compulsory for state administrative agencies and related organizations and individuals.

3. Period for closing report data means a period counting from the time of starting the collection of data of a reporting period to the time of completing such collection for making a report.

4. Organization or individual involved in implementation of a reporting regime issued by a state administrative agency means an entity other than a state administrative agency that is compelled to implement such reporting regime under regulations.

5. National reporting information system means an information system that collects, integrates and shares report data of state administrative agencies for data synthesis and analysis to serve direction and administration work of the Government, Prime Minister and state administrative agencies at all levels and to support the evaluation of efficiency of the performance of tasks assigned by the Government or Prime Minister.

The national reporting information system consists of the reporting information system of the Government and Prime Minister (below referred to as the Government’s reporting information system) and reporting information systems of ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees (below referred to as reporting information systems of ministries, agencies and localities).

6. Government’s reporting information system means an information system that collects, synthesizes and analyzes report data from ministries, agencies and localities to serve direction and administration work of the Government and Prime Minister.

7. Reporting information system of a ministry, an agency or a locality means an information system that collects, synthesizes and analyzes report data and provides data to serve direction and administration work of such ministry, agency or locality, and provides data at the request of competent agencies and persons.

8. Key performance indicators (KPIs) means indicators designed to measure and evaluate results and efficiency of the task performance by agencies, organizations and individuals.

Article 4.Types of reporting regimes

1. Scheduled reporting regime means a reporting regime issued to meet the needs of state administrative agencies for integrated information, which shall be implemented for a specified cycle and repeated many times.

2. Specialized reporting regime means a reporting regime issued to meet the needs for specialized information, which shall be implemented once or more than once during a given period.

3. Unscheduled reporting regime means a reporting regime issued to meet the needs for information on unexpected issues.

Chapter II

ISSUANCE OF REPORTING REGIMES

Section 1

PRINCIPLES OF AND COMPETENCE FOR ISSUING, AND CONTENTS OF, REPORTING REGIMES

Article 5.General principles on issuance of reporting regimes of state administrative agencies

1. To ensure the provision of timely, accurate and sufficient information to effectively serve management, direction and administration activities of state administrative agencies and competent persons; at the same time, to assist the Government, Prime Minister, ministries, ministerial-level agencies, government-attached agencies, and People’s Committees at all levels in reporting to the National Assembly, National Assembly Standing Committee and same-level People’s Councils.

2. Contents of a reporting regime must comply with regulations in the relevant document promulgated by the National Assembly, National Assembly Standing Committee, People’s Council at the corresponding level or competent agency or person within the state administrative system.

3. A reporting regime shall be issued only when it is really necessary to serve the management, direction and administration work of state administrative agencies and competent persons.

4. A reporting regime must comply with the regulations on the competence to issue it and on the reporting-requiring entity, ensuring that it is clear, consistent, synchronous and feasible and does not overlap another reporting regime. To minimize the requirement on reporting frequency with a view to saving time, costs and manpower for implementing the reporting regime.

5. Data required to be reported must be consistent in their definition, and method and unit of calculation so as to facilitate the synthesis and sharing of reporting information.

6. To intensify the application of information technology to implementation of reporting regimes, gradually shifting from paper reports to electronic reports; to enhance disciplines in implementing reporting regimes as well as coordination in reporting and sharing of reporting information.

Article 6.Competence of state administrative agencies to issue reporting regimes

1. The Government and Prime Minister shall issue scheduled, specialized or unscheduled reporting regimes and request ministries, ministerial-level agencies, government-attached agencies, People’s Committees at all levels and related organizations and individuals to implement such reporting regimes nationwide.

2. Ministers and heads of ministerial-level agencies shall issue scheduled, specialized or unscheduled reporting regimes in the fields and sectors under their management and request ministries, ministerial-level agencies, government-attached agencies, People’s Committees at all levels and related organizations and individuals to implement such reporting regimes nationwide.

3. Government-attached agencies shall issue specialized or unscheduled reporting regimes and request related agencies, organizations and individuals to implement such reporting regimes nationwide for performing the functions, tasks and powers of government-attached agencies in accordance with law.

Government-attached agencies shall formulate scheduled reporting regimes and submit them to ministers or heads of ministerial-level agencies managing relevant sectors or fields for issuance.

4. People’s Committees of provinces or centrally run cities (below referred to as provincial-level People’s Committees) shall issue scheduled, specialized or unscheduled reporting regimes and request subordinate state administrative agencies and related organizations and individuals in their localities to implement such reporting regimes.

5. People’s Committees of rural districts, urban districts, towns, provincial cities or municipal cities (below referred to as district-level People’s Committees) shall issue specialized or unscheduled reporting regimes and request subordinate state administrative agencies and related organizations and individuals in their localities to implement such reporting regimes.

6. People’s Committees of communes, wards or townships (below referred to as commune-level People’s Committees) shall issue unscheduled reporting regimes and request related organizations and individuals in their localities to implement such reporting regimes.

7. Chairpersons of People’s Committees at all levels shall issue unscheduled reporting regimes and request subordinate state administrative agencies and related organizations and individuals in their localities to implement such reporting regimes.

Article 7.Contents of a reporting regime

A reporting regime must have the following contents:

1. Title of a report;

2. Required contents of the report;

3. Report maker;

4. Report recipient;

5. Methods of sending and receiving the report;

6. Time limit for sending the report;

7. Frequency of the report;

8. Period for closing report data;

9. Model outline of the report;

10. Forms of report data;

11. Guidelines on the report making process.

Section 2

REQUIREMENTS FOR ISSUANCE OF REPORTING REGIMES

Article 8.General requirements for issuance of a reporting regime

1. Title of a report

The title of a report must be clear and concise and reflect the required contents and scope of the report.

2. Required contents of a report

Required contents of a report must provide necessary information to meet management, direction and administration requirements of state administrative agencies and competent persons and, at the same time, be clear, easy-to-understand, and favorable for the report maker.

On a case-by-case basis, required contents of a report may consist of texts or data only or may consist of both texts and data.

3. Report makers and recipients

a/ A reporting regime must clearly define the report maker (state administrative agency, organization or individual), and name of the report recipient;

b/ The report maker shall be defined as suitable to its/his/her functions and tasks.

4. Methods of sending and receiving reports

A report shall be presented in the form of paper document or electronic document. Depending on practical conditions and requirements of the agency issuing the reporting regime, a report shall be sent to its recipient(s) by one of the following methods:

a/ Directly;

b/ By post;

c/ By fax;

d/ Via email;

dd/ Via specialized reporting information software;

e/ Other methods as prescribed by law.

5. Period for closing report data and time limit for sending a report

a/ The period for closing report data shall be determined based on information requirements serving the direction and administration work and based on specific characteristics of a certain sector or field. This period must be consistent with the period for closing data for other reporting regimes in that sector or field so as to create favorable conditions for the report maker;

b/ The time limit for report sending shall be determined based on the report maker, report contents, and time of completing the collection of report data, which is at least 1 working day from the time of completing the collection of report data to the deadline for report sending, or from the time of receiving the report for data synthesis to the time of completing the report and sending it to a competent authority.

For complicated scheduled reports made by different entities and requiring data synthesis by different agencies or levels, the time limit for report sending shall be specified for each entity or level;

c/ For specialized reports and unscheduled reports, the period for closing report data and time limit for report sending must comply with requirements of the agencies issuing relevant reporting regimes.

6. Frequency of a report

a/ Regulations on frequency of a report must be rational and suitable to the characteristics, purposes and requirements of the management, direction and administration work;

b/ Report contents shall be integrated to ensure that only one report is made in a reporting period for the contents in the same sector or field.

7. Model outline of a report

a/ For texts of a report, the reporting regime must set a model outline. This outline must clearly state the structure of principal information about the implementation progress; achievements; weaknesses, problems and their causes; orientations and tasks; and proposals and recommendations;

b/ In case a reporting regime applies to different report makers with different required contents of a report, the agency issuing such reporting regime shall provide specific instructions or set a model outline suitable to each report maker.

8. Forms of report data

a/ In case a reporting regime requires a report to have data, the agency issuing such reporting regime shall provide instructions on forms of data to ensure consistency and convenience for the synthesis and analysis work;

b/ If a reporting regime applies to different report makers with different requirements on data, the agency issuing such reporting regime shall provide specific instructions or set a form of report data suitable to each report maker;

c/ A form of report data must bear a code to make it convenient for monitoring and comparison. Such code consists of both letters and figures. Figures shall be written as 001, 002, 003, …; the letters shall be abbreviated capital letters corresponding to the relevant sector or field, type of report, and reporting period.

9. Reporting process

For a complicated reporting regime to be implemented by different entities and requiring data synthesis by different intermediary agencies, the agency issuing such reporting regime shall guide the reporting process, which must state the period for closing report data for all entities; model outline, form of report data, and time limit for report sending as suitable to each entity.

Article 9.Requirements on issuance of unscheduled reporting regimes

1. An unscheduled reporting regime shall be issued as an administrative document.

2. An unscheduled reporting regime  must have at least the contents specified in Clauses 1 thru 6, Article 7, and must also meet the relevant requirements prescribed in Article 8, of this Decree.

Article 10.Requirements on issuance of specialized reporting regimes

1. A specialized reporting regime shall be issued as a legal document or an administrative document.

2. A specialized reporting regime must have at least the contents specified in Clauses 1 thru 6, and Clause 9, Article 7, and must also meet the relevant requirements prescribed in Article 8, of this Decree.

Article 11.Requirements on issuance of scheduled reporting regimes

1. Scheduled reporting regimes of state administrative agencies shall be prescribed in legal documents to be promulgated by the Government, Prime Minister, ministers, heads of ministerial-level agencies, or provincial-level People’s Committees.

2. A scheduled reporting regime must have at least the contents specified in Clauses 1 thru 9, Article 7, and must also meet the relevant requirements prescribed in Articles 8, 12 and 13, of this Decree, unless otherwise prescribed in documents promulgated by the National Assembly, National Assembly Standing Committee, provincial-level People’s Councils or competent persons or agencies within the state administrative system.

Article 12.Period for closing report data for scheduled reports

1. From the 15thof the preceding month to the 14thof the month of the reporting period, for a monthly report.

2. From the 15thof the month preceding the reporting period to the 14thof the last month of the quarter of the reporting period, for a quarterly report.

3. Biannual reports: The period for closing report data of the first 6 months is from December 15 of the year preceding the reporting period to June 14 of the reporting period. The period for closing report data of the last 6 months is from June 15 to December 14 of the reporting period.

4. From December 15 of the year preceding the reporting period to December 14 of the reporting period, for an annual report.

5. For other scheduled reports, the period for closing report data shall be set by agencies issuing relevant reporting regimes but must comply with Articles 5, 6, 7, 8 and 11 of this Decree.

Article 13.Time limits for sending scheduled reports

1. The deadline for ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees (below referred to as ministries, agencies and localities) to send scheduled reports to the Government or Prime Minister is the 25thof the last month of the reporting period, unless otherwise prescribed on the principle prescribed in Clause 2, Article 5 of this Decree.

2. Ministries, ministerial-level agencies and provincial-level People’s Committees shall, based on Clause 1 of this Article and specific requirements on reporting information and report makers, set appropriate time limits for sending reports when issuing scheduled reporting regimes.

 

Chapter III

APPLICATION OF INFORMATION TECHNOLOGY TO THE IMPLEMENTATION OF REPORTING REGIMES AND THE NATIONAL REPORTING INFORMATION SYSTEM

Article 14.Application of information technology to the implementation of reporting regimes

1. State administrative agencies shall apply information technology to the implementation of reporting regimes and establish reporting information systems for making electronic reports, thus facilitating the synthesis and sharing of reporting information and saving time and costs for report makers.

2. The legality of electronic reports and the use of digital signatures and formulation of electronic forms must comply with the current legal documents on application of information technology to operation of state agencies.

Article 15.Principles of establishing the national reporting information system

1. Ensuring uniformity, efficiency and synchrony, and avoiding overlap and waste.

2. Ensuring compliance with the Vietnam E-Government Architecture Framework, ministerial-level e-government architecture and provincial-level e-administration architecture; conformity with national technical standards or regulations on identifier code structure and data format of messages for connection to the national reporting information system; and conformity with standards and technical regulations on the structure of data messages exchanged between reporting information systems.

3. Guaranteeing uninterrupted information connectivity, integrity and sharing between the Government’s reporting information system and reporting information systems of ministries, agencies and localities within the national reporting information system.

4. Complying with the laws on investment, information technology, clerical work, archives, and information security and safety, and other relevant laws.

Article 16.Principles of updating and mining data from the national reporting information system

1. The update of report data must ensure adequacy, accuracy and promptness, and uniformity from the local to central level so as to meet management, direction and administration requirements of state administrative agencies.

2. The mining of report data by ministries, agencies and localities must be based on their specific powers and responsibilities and in accordance with the Law on Access to Information.

3. Ensuring information safety and security, uninterrupted operation, long-term archive and proper purposes, and creating favorable conditions for agencies, organizations and individuals to get information from the national reporting information system.

4. Guaranteeing the rights of organizations and individuals that are entitled to access and use information from the national reporting information system in accordance with law.

Article 17.General requirements on basic functions of the national reporting information system

1. Providing mechanisms for management, authentication and encryption of user accounts for implementation of reporting regimes in ministries, agencies and localities.

2. Providing dynamic processes which facilitate the correction and standardization of scheduled or unscheduled reporting processes of state administrative agencies.

3. Providing functions of synthesizing reports and processing and analyzing data to meet the requirements of the Government, Prime Minister, ministries, agencies and localities in the direction and administration work.

4. Establishing databases on all indicators used for reporting and forms of report data, and documents regulating scheduled reporting regimes of state administrative agencies.

5. Providing tools for users to make forms of data synthesis reports according to their assigned functions and tasks.

6. Permitting digital signing of reports and attached forms with a view to ensuring authenticity and integrity of report data.

7. Devising data confidentiality and encryption solutions for the national reporting information system in order to ensure information and data safety and security of the system.

8. Summarizing the situation of receipt of reports at the request of competent agencies or persons.

9. Other requirements as decided by the Prime Minister.

Article 18.Requirements on basic functions of the Government’s reporting information system and reporting information systems of ministries, agencies and localities

In addition to the general requirements referred to in Article 17, the Government’s reporting information system and reporting information systems of ministries, agencies and localities must also meet the following requirements:

1. The Government’s reporting information system must allow automatic making of reports based on the forms of data uploaded onto the system and KPIs; provide visual datasheets to assist the management and monitoring of datum changes to serve the direction and administration work of the Government and Prime Minister.

2. The reporting information system of a ministry or an agency shall be established based on the reporting regime issued by the competent agency or person and such ministry of agency under Article 6 of this Decree. Such reporting regime must have the function of assisting the creation of indicators and reports according to the forms in the system; ensure the distribution of report indicators and forms from such ministry or agency to another and to related localities, organizations and individuals; synthesize report data; integrate, share and provide report data; and enable access by ministries, agencies and localities as well as organizations and individuals for updating and sharing their reports under regulations and for reporting to competent agencies and persons.

3. The reporting information system of a locality shall be established based on the reporting regime issued by the competent agency or person and administration of such locality under Article 6 of this Decree. Such reporting regime must have the function of assisting the creation of indicators and reports according to the forms in the system; ensure the distribution of report criteria and forms from the provincial-level People’s Committee to its attached agencies and units and related organizations and individuals; synthesize report data; and enable access by agencies, organizations and individuals for updating and sharing their report data under regulations and for reporting to competent agencies and persons.

Article 19.Technical and technological infrastructure

1. Technical infrastructure connecting the national reporting information system to serve the direction and administration work of the Government, Prime Minister, ministries, agencies and localities shall be stably maintained and must ensure information safety and security.

2. The Government Office shall ensure technical and technological infrastructure and coordinate with related ministries and agencies in ensuring information safety and security to serve the establishment and operation of the Government’s reporting information system.

3. Ministries, agencies and localities shall ensure technical and technological infrastructure and information safety and security serving the establishment and operation of their reporting information systems and connection and data sharing with the Government’s reporting information system.

Article 20.Establishment and operation of the national reporting information system

1. The national reporting information system shall be established under the Prime Minister-approved plan.

2. The Government Office shall coordinate with the Ministry of Information and Communications in guiding and coordinating the connection and data sharing between the Government’s reporting information system and reporting information systems of ministries, agencies and localities in order to form the national reporting information system from the central to local level.

 

Chapter IV

RIGHTS AND RESPONSIBILITIES OF MINISTRIES, AGENCIES, LOCALITIES, ORGANIZATIONS AND INDIVIDUALS IN IMPLEMENTING REPORTING REGIMES

Article 21.Rights of ministries, agencies and localities to mine and use data in the national reporting information system

1. State administrative agencies may, as decentralized, use reporting information databases in the national reporting information system.

2. Ministries, agencies and localities engaged in the collection, processing and update of reporting information may access and use databases as decentralized, and may extract data they have updated in order to form separate sets of data meeting their management, direction and administration requirements.

3. The Government Office may use the Government’s reporting information system for connecting, and extracting information from, reporting information systems of ministries, agencies and localities to serve the data synthesis and analysis and forecast work, thus facilitating direction and administration work of the Government and Prime Minister.

Article 22.Responsibilities to disclose and share reporting information

1. State administrative agencies shall provide, share and disclose reporting information under Articles 9 and 17 of the Law on Access to Information.

2. Focal points in charge of managing, storing and sharing reporting information:

a/ The Government Office shall assist the Government and Prime Minister in managing, storing and sharing reporting information serving the direction and administration work of the Government and Prime Minister;

b/ The offices of ministries, ministerial-level agencies and government-attached agencies shall assist ministers and heads of their agencies in managing, storing and sharing reporting information in the sectors and fields which is managed or delivered by their ministries or agencies.

The Minister of National Defense and Minister of Public Security shall provide separate regulations on focal points in charge of managing, storing and sharing information within their organizational systems;

c/ The offices of provincial-level People’s Committees shall assist the latter in managing, storing and sharing reporting information delivered by provincial-level state administrative agencies;

d/ The offices of district-level People’s Councils and People’s Committees shall assist district-level People’s Committees in managing, storing and sharing reporting information delivered by district-level state administrative agencies;

dd/ Civil servants of the offices-statistics divisions of commune-level People’s Committees shall assist the latter in managing, storing and sharing reporting information delivered by commune-level People’s Committees.

Article 23.Responsibilities of state administrative agencies, cadres, civil servants and related individuals and organizations in implementing reporting regimes

1. To strictly, fully, properly and promptly implement reporting regimes.

2. To ensure accuracy, objectivity, truthfulness and reliability of reporting information and data.

3. To coordinate with related agencies, organizations and individuals in sharing and providing information and data upon request and take responsibility for the accuracy of such information and data.

4. To sign reportsintra vires, depending on types of reports as well as functions and tasks of reporting entities.

5. To assign cadres, civil servants and public employees with appropriate professional qualifications to perform the reporting work.

6. To be handled in accordance with law if they violate this Decree, depending on the nature and severity of their violations.

Article 24.Responsibilities of the Government Office

1. To guide ministries, agencies and localities in reviewing their reporting regimes for revising them to meet management requirements.

2. To monitor, inspect and urge the implementation of reporting regimes serving the direction and administration work of the Government and Prime Minister.

3. To regularly review and evaluate according to its competence the issuance and implementation of reporting regimes for revising them to meet state management requirements and propose solutions to improving the efficiency of the reporting work to the Government or Prime Minister.

4. To assume the prime responsibility for, and coordinate with the Ministry of Planning and Investment in, realizing connection and interoperability between the national reporting information system and statistical information systems and analysis and forecast information systems in order to provide visual tools to assist the analysis, forecast and decision-making work of the Government and Prime Minister.

5. To arrange physical foundations and human resources to ensure the uninterrupted operation of the Government’s reporting information system, and maintain coordination and connection with other reporting information systems.

Article 25.Responsibilities of the Ministry of Planning and Investment

1. To assume the prime responsibility for, and coordinate with the Government Office and related agencies in, drafting a Prime Minister decision issuing the set of uniform indicators for synthesis of scheduled reports and statistical reports on socio-economic, national defense and security affairs to serve the direction and administration work of the Government and Prime Minister; to guide ministries, agencies and localities in providing data and creating reporting indicators according to their tasks assigned under such decision in order to ensure synchrony and uniformity; regularly review, and advise on the adjustment of, this set of indicators to make them satisfy the requirements of the management, direction and administration work of the Government and Prime Minister.

2. To coordinate with the Government Office in realizing connection and interoperability between the national reporting information system and statistical information systems in order to provide information serving the direction and administration work of the Government and Prime Minister.

Article 26.Responsibilities of the Ministry of Information and Communications

1. To issue national technical standards and regulations on the structure and format of data serving data connection, integration and sharing between reporting information systems within the national reporting information system in order to facilitate the implementation of reporting regimes by state administrative agencies.

2. To assume the prime responsibility for, and coordinate with the Government Office, Ministry of National Defense and Ministry of Public Security in, taking measures to supervise, and ensure information safety for, the Government’s reporting information system; to guide ministries, agencies and localities in ensuring information safety for reporting information systems.

3. To coordinate with the Government Office in guiding ministries, agencies and localities in establishing reporting information systems and connecting them to the Government’s reporting information system in order to form the national reporting information system.

Article 27.Responsibilities of the Ministry of Public Security

To assume the prime responsibility for, and coordinate with the Government Office, Ministry of Information and Communications and related ministries and agencies in, taking cyber security measures for the national reporting information system.

Article 28.Responsibilities of the Ministry of Home Affairs

To assume the prime responsibility for, and coordinate with ministries, agencies and localities in, amending, supplementing and promulgating according to their competence, or submitting to competent authorities for promulgation, documents prescribing the format and techniques for presenting electronic reports and the management, use and storage of electronic reports and data.

Article 29.Responsibilities of the Government Cipher Committee

1. To adequately and promptly provide digital certificates to ministries, agencies and localities as well as cadres, civil servants and public employees in agencies within the state administrative system for them to implement reporting regimes in the Government’s reporting information system and reporting information systems of ministries, agencies and localities.

2. To guide ministries, agencies and localities in implementing solutions for integration and certification of digital signatures in the Government’s reporting information system and reporting information systems of ministries, agencies and localities according to their assigned functions and tasks.

Article 30.Responsibilities of ministries, agencies and localities

1. Ministries and ministerial-level agencies shall promulgate circulars prescribing or guiding in detail scheduled reporting regimes in the agencies and fields under their management.

2. Provincial-level People’s Committees shall promulgate decisions prescribing scheduled reporting regimes serving the management work in their localities.

3. Ministries and ministerial-level agencies shall announce the list of scheduled reports in legal documents promulgated by themselves or promulgated with their consultancy; and provincial-level People’s Committees shall announce the list of scheduled reports in legal documents promulgated by themselves on their portals or websites no later than June 15, 2019. Such list shall be regularly updated and announced upon any change and announced within 15 working days from the effective date of documents prescribing relevant reporting regimes.

Contents to be announced include name of the report, report maker, report recipient, reporting frequency, and document prescribing the reporting regime.

4. To regular review reporting regimes in order to revise them to meet state management requirements and comply with the principles and requirements prescribed in this Decree.

5. Ministries, agencies and localities shall establish, manage and operate reporting information systems as guided by the Government Office and Ministry of Information and Communications; and provide instructions and training courses for reporting entities.

6. Ministries, agencies and localities shall direct specialized agencies in charge of information technology and system-operating units to identify levels of information security and implement plans to ensure level-based safety of reporting information systems under their management in accordance with law; and establish systems for supervising, preventing and combating attacks, avoiding data loss, and preventing viruses in order to ensure safety and security of such systems.

 

Chapter V

IMPLEMENTATION PROVISIONS

Article 31.Funds for implementation

1. Funds for implementation of reporting regimes of state management agencies of ministries, sectors and localities shall be included in funding sources for norm-based regular expenditures of these agencies in accordance with the law on the state budget.

2. Funds for implementation of reporting regimes of organizations and individuals shall be covered by organizations and individuals themselves.

3. Funds for information technology infrastructure and reporting information systems of state administrative agencies must comply with the laws on public investment, bidding, and information technology, and other relevant laws.

Article 32.Effect

1. This Decree takes effect on March 12, 2019.

2. To annul Point a, Clause 1, Article 47 of the Government’s Working Regulation promulgated together with the Government’s Decree No. 138/2016/ND-CP of October 1, 2016.

3. Reporting regimes issued by the Government or Prime Minister before the effective date of this Decree shall still be implemented until they are amended, supplemented, replaced or abolished.

Before June 1, 2019, ministries, agencies and localities shall promulgate documents amending, supplementing, replacing or abolishing reporting regimes they have issued to make them comply with this Decree.

Article 33.Organization of implementation

1. The Government Office shall guide, monitor, urge and inspect the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of People’s Committees at all levels, and related organizations and individuals shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC

 



[1]Công Báo Nos 165-166 (24/01/2019)

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