Decree No. 20/2016/ND-CP dated March 30, 2016 of the Government prescribing the national database on handling of administrative violations

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Issuing body:	Government	Effective date:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Official number:	20/2016/ND-CP	Signer:	Nguyen Tan Dung
Type:	Decree	Expiry date:	Updating
Issuing date:	30/03/2016	Effect status:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Fields:	Administrative violation

SUMMARY

Post violator’s information on the national database

On March, 2016, the Government issued the Decree No. 20/2016/ND-CP prescribing the national database on handling of administrative violations - a collection of data on handling of administrative violations that are created, updated, maintained, exploited and used via electronic equipment to serve the state management of handling of administrative violations and prevention and combat of law violations.

Information in the national database on handling of administrative violations include the information on decision to sanction administrative violations subject sanctioned for administrative violation such as for an individual violator: full name; birthdate; personal identification number or people’s identity card number, police identity card number or military identity card number or passport number (if any); gender and for an institutional violator: name of organization; address of head office; identification number (for enterprises) or investment registration certificate number/business registration certificate number; establishment license number/operation registration certificate number (for other organizations); full name of at-law representative or owner of enterprise or head of organization.

Also in accordance with this Decree, this Decree applies to agencies and persons competent to sanction administrative violations; agencies executing decisions to sanction administrative violations; agencies executing decisions to enforce decisions to sanction administrative violations; agencies and persons competent to decide on application of administrative handling measures; agencies executing decisions to apply administrative handling measures; state management agencies in charge of handling administrative violations… Sanctioned organizations and handled individuals may be provided with information on the handling of their administrative violations if they make a written request and pay a charge under regulations.

Exploitation and use of the national database on handling of administrative violations may be in forms such as connecting via computer system with the national database on handling of administrative violations; searching online information on the e-portal designated by the Ministry of Justice; written request.

This Decree takes effect on May 15, 2016.

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Effect status: Known

THE GOVERNMENT

No. 20/2016/ND-CP

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

Hanoi, March 30, 2016

DECREE

Prescribing the national database on handling of administrative violations[1]

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

Pursuant to the June 20, 2012 Law on Handling of Administrative Violations;

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

At the proposal of the Minister of Justice,

The Government promulgates the Decree prescribing the national database on handling of administrative violations.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree prescribes the establishment, management, exploitation and use of the national database on handling of administrative violations; and responsibilities of ministries, ministerial-level agencies, the Supreme People’s Court, People’s Committees of provinces and centrally run cities (below referred to as provincial-level People’s Committees), organizations and individuals in the establishment, management, exploitation and use of the national database on handling of administrative violations.

Article 2. Subjects of application

This Decree applies to:

1. Agencies and persons competent to sanction administrative violations.

2. Agencies executing decisions to sanction administrative violations.

3. Agencies executing decisions to enforce decisions to sanction administrative violations.

4. Agencies and persons competent to decide on application of administrative handling measures.

5. Agencies executing decisions to apply administrative handling measures.

6. State management agencies in charge of handling administrative violations.

7. Other state agencies and cadres, civil servants and public employees involved in the establishment, management, exploitation and use of the national database on handling of administrative violations.

Article 3. Interpretation of terms

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

1. Documents on handling of administrative violations means documents, papers, pictures, images, printed notes, measurement figures, data stored in the memory of professional technical equipment and devices that store information on the handling of administrative violations or application of administrative handling measures.

2. Electronic data on handling of administrative violations means information in documents on handling of administrative violations being digitalized.

3. The national database on handling of administrative violations means a collection of data on handling of administrative violations that are created, updated, maintained, exploited and used via electronic equipment to serve the state management of handling of administrative violations and prevention and combat of law violations.

Article 4. Principles of establishment, management, exploitation and use of the national database on handling of administrative violations

1. To comply with the Law on Handling of Administrative Violations, the Law on Information Technology and this Decree.

2. To ensure accuracy, completeness and timeliness.

3. To clearly determine powers and responsibilities of competent agencies and persons based on their functions and tasks.

4. To exploit and use information about organizations administratively sanctioned and individuals handled for administrative violations for proper purposes and ensure its confidentiality.

5. To closely manage and ensure information safety and security.

Article 5. Funds for the establishment, management, exploitation and use of the national database on handling of administrative violations

1. Establishment, expansion and upgrading of the national database on handling of administrative violations shall be funded by non-business funding sources and development investment sources and other lawful funding sources.

2. The management and updating of information, training for users and maintenance and operation of the national database on handling of administrative violations by ministries, ministerial-level agencies and provincial-level People’s Committees shall be funded by the state budget according to annual allocation.

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