Decree 42/2022/ND-CP on the provision of online information and public services by the State agencies in the cyber environment

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Decree No. 42/2022/ND-CP dated June 24, 2022 of the Government on the provision of online information and public services by the State agencies in the cyber environment
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Official number:42/2022/ND-CPSigner:Vu Duc Dam
Type:DecreeExpiry date:Updating
Issuing date:24/06/2022Effect status:
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Fields:Administration , Information - Communications

SUMMARY

State agencies’ information channels in cyber environment

The Decree No. 42/2022/ND-CP on the provision of online information and public services by the State agencies in the cyber environment is issued on June 24, 2022 by the Government.

In accordance with this Decree, State agencies that publicize information in the cyber environment to organizations and individuals shall provide the following information: Legal normative documents and administrative documents falling under the promulgation competence or assigned to preside over drafting; Treaties to which the Socialist Republic of Vietnam is a contracting party, and international agreements to which Vietnam is a party; Administrative procedures, online public services, work processes of state agencies as prescribed by law, etc.

Besides, information provided by the State agencies in the cyber environment must be promptly updated after changes are made. State agencies shall provide online public services at two levels, including wholly online public services and partially online public services.

Based on specific conditions, state agencies shall deploy different information channels for organizations and individuals in the cyber environment as follows: Ministerial- and provincial-level data portals; Social networks permitted by the State agencies to provide information in the cyber environment as prescribed by law; Email; Applications on mobile devices permitted by State agencies to provide information in the cyber environment that are deployed centrally, uniformly; Telephone switchboards.

In addition, State agencies’ web portals also provide the following basic supportive functions: Information search, link and storage; Providing information in a foreign language. State agencies are encouraged to publish other information sections in English and other languages.

This Decree takes effect on August 15, 2022.

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Effect status: Known

THE GOVERNMENT

______

No. 42/2022/ND-CP

 

THE SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

_________________________

Hanoi, June 24, 2022

 

DECREE

On the provision of online information and public services by the State agencies in the cyber environment

______________

 

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

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

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

Pursuant to the Law on Access to Information dated April 06, 2016;

At the request of the Minister of Information and Communications;

The Government promulgates the Decree on the provision of online information and public services by the State agencies in the cyber environment.

 

Chapter I

GENERAL PROVISIONS

 

Article 1. Scope of regulation

This Decree prescribes the provision of online information and public services by State agencies in the cyber environment.

Article 2. Subjects of application

1. Ministries, ministerial-level agencies, government-attached agencies, general departments, departments and equivalent agencies; People's Committees of provinces and centrally-run cities; specialized agencies under the People's Committees of provinces and centrally-run cities; People’s Committees of urban districts, rural districts, towns, provincial cities and centrally-run cities (hereinafter collectively referred to as district-level People’s Committees); People's Committees of communes, wards and townships under districts, urban districts, towns, provincial cities and centrally-run cities (hereinafter collectively referred to as commune-level People's Committees).

2. Organizations and persons providing and using online information and public services of State agencies in the cyber environment in accordance with the law.

3. Other agencies and organizations voluntarily applying provisions of this Decree.

Article 3. Interpretation of terms

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

1. Web portal means the access point of an agency in a network environment linking and integrating information channels, services and applications, through which users can exploit, use and personalize information display.

2. Agency managing a web portal or website means a State agency defined in Clause 1 Article 2 of this Decree (hereinafter referred to as managing agency).

3. The ministerial- and provincial-level data portals mean the focal points for accessing information and data in the cyber environment in service of the publication of open data, providing information on data sharing of State agencies within ministries and provinces; providing documents, services, tools, applications for processing and exploiting data published by State agencies within ministries and provinces.

4. Public administrative service means a not-for-profit service related to law enforcement in the domains managed by a State agency, which is provided by that State agency to organizations and individuals in the form of legally valid papers or notification of performance results.

Each public administrative service is associated with one or several administrative procedure(s) to settle a specific issue related to an organization or a person.

5. Online public service of State agencies is a public administrative service or another service provided by a State agency to organizations and individuals in the cyber environment.

6. Subjects participating in transactions include State agencies, organizations and individuals participating in transactions of online public services.

7. Non-interactive electronic form is a form of administrative procedure (application form, declaration form) formatted and stored as an electronic file for downloading and filling out information.

8. Interactive electronic form is a form of administrative procedure presented in the form of a computer application (usually in the form of an application on the Web) for organizations and individuals to provide and exchange information and data when using online public services of State agencies.

9. The online public services and information provision channel of State agencies in the cyber environment (hereinafter referred to as the channel) means a communication channel in the cyber environment defined and managed by State agencies to control the provision of online information and public services to organizations and individuals.

10. The system for monitoring and measuring the level of provision and use of digital Government services means a system developed by the Ministry of Information and Communications to measure, evaluate, monitor and manage the provision and effectiveness of online information and public services of State agencies.

11. Metadata means information describing properties of data such as content, format, quality, conditions and other specifications in order to facilitate data search, access, management and storage.

12. The public digital signature certification portal, which is developed by the Ministry of Information and Communications, is an information system connecting to public digital signature certification authorities and Government’s specialized digital signature certification authorities.

 

Chapter II

PROVISION OF INFORMATION BY STATE AGENCIES IN THE CYBER ENVIRONMENT

 

Article 4. Provision of information in the cyber environment

1. State agencies that publicize information in the cyber environment to organizations and individuals in accordance with the Law on Access to Information and the Law on Information Technology shall provide the following information:

a) Legal normative documents and administrative documents falling under the promulgation competence or assigned to preside over drafting, clearly stating: the forms of documents, competence to promulgation, symbol numbers, promulgation dates, effective dates, subjects, files allowed for download, providing document search tools;

The provision of information on legal normative documents shall comply with the law and ensure synchronization with the National Database on Legal Documents or the Official Gazette of the Government of the Socialist Republic of Vietnam.

b) Treaties to which the Socialist Republic of Vietnam is a contracting party, and international agreements to which Vietnam is a party.

c) Administrative procedures, online public services, work processes of state agencies as prescribed by law, ensuring consistency and integration from the National Public Service Portal, ministerial- and provincial-level public service portals.

d) Disseminating information and guiding the implementation of laws, regimes and policies on the domains under the State agencies’ management.

dd) National and local socio-economic development strategies, programs, projects, schemes, plans and master plans; master plans of sectors and fields and methods and results of implementation; annual work programs and plans of State agencies, in which:

- A ministry, ministerial-level agency or government-attached agency shall provide information on strategies, plans and master plans of sectors and fields under their competence nationwide. A specialized agency of a People's Committee of province or centrally-run city shall provide information on strategies, master plans and plans of sectors and fields under the competence in the locality.

- A People's Committee of province or centrally-run city, or district-level People’s Committee shall provide information on socio-economic development strategies, plans and master plans in the respective management area.

- The announcement of the master plans shall comply with the Law on Planning.

- Information on the list of projects, programs and results of public investment, public procurement, and management and use of public investment funds and loans shall comply with the law.

e) Information on the functions, tasks, powers, organizational structure, organizational chart of the agency and its affiliated units; address, phone number, fax number, email address of the State agency; full name, position, working unit, phone number, official email address of the cadre, civil servant acting as the contact point:

- For a ministry, ministerial-level agency, government-attached agency, general department, department or an equivalent agency, or a specialized agency of a People’s Committee of province or centrally-run city, there must be information on the diagram, organizational structure, functions, tasks and powers of the agency and its attached units; briefing of the foundation and development of the agency; brief biographies and tasks of the agency leadership.

- For a People’s Committee of province or centrally-run city or district-level People’s Committee, there must be information on the organization of the administrative apparatus, map of administrative boundaries to the commune level; natural conditions, history, cultural tradition, relics and scenic places; brief biographies and tasks of the agency leadership.

g) The annual financial statements that are publicized according to the Law on Accounting; statistical information on the management sector or field according to the Law on Statistics; information on the list and results of scientific programs and topics according to the Law on Science and Technology; information on epidemics according to the Law on Prevention and Control of Infectious Diseases.

h) A list of information required to be publicized, clearly stating the address, form, time and time limit for disclosure for each type of information.

i) Other information as required to be publicized according to laws.

2. In addition to the information specified in Clause 1 of this Article, State agencies may provide other information according to their competence.

3. Information provided by the State agencies in the cyber environment must be promptly updated after changes are made.

Article 5. Information channels

1. Website or web portal of a State agency (hereinafter collectively referred to as State agency’s web portal) means a unified and centralized information channel of a state agency in the cyber environment.

2. Based on specific conditions, state agencies shall deploy different information channels for organizations and individuals in the cyber environment as follows:

a) Ministerial- and provincial-level data portals

The ministerial-level data portal is integrated with the National Data Portal and is a component portal of the web portals of ministries, ministerial-level agencies and government-attached agencies; the provincial-level data portal is integrated with the National Data Portal and is a component portal of the web portals of the People's Committees of provinces and centrally-run cities.

b) Social networks permitted by the State agencies to provide information in the cyber environment as prescribed by law.

c) Email.

d) Applications on mobile devices permitted by State agencies to provide information in the cyber environment shall be deployed centrally, uniformly and shared within the scope of ministries, sectors and localities in order to provide the State agencies’ information in the cyber environment, avoiding duplication.

dd) Telephone switchboards.

3. State agencies shall publish information channels in the cyber environment. Such information channels must meet the following requirements:

a) Ensuring convenient access for different means, including mobile devices.

b) Allowing organizations and individuals to make online assessments of the satisfaction of the provided information. The State agencies shall keep confidential and private information of assessing organizations and individuals.

c) Ensuring cyber information security; applying standards and technologies to assist people with disabilities in accessing and using information and communications products and services; complying with technical regulations on providing information in the cyber environment.

d) The Ministry of Information and Communications shall provide guidance on standards to support people with disabilities to access and use information and communications products and services; provide information in the cyber environment.

4. Organizations and individuals are entitled to choose a channel provided by State agencies to access and use the State agencies’ information in the cyber environment and shall be responsible for complying with regulations on the use of information in the cyber environment.

Article 6. State agencies’ web portals

1. Web portals of ministries, ministerial-level agencies, government-attached agencies, People's Committees of provinces and centrally-run cities are official and centralized information channels of state agencies within the ministries, sectors and localities in the cyber environment. If agencies, units affiliated to ministries, ministerial-level agencies, government-attached agencies; specialized agencies under the People's Committees of provinces and centrally-run cities; district-level People's Committees; commune-level People's Committees have websites, they must be a part of web portals of ministries, ministerial-level agencies, government-attached agencies, People's Committees of provinces and centrally-run cities.

2. The Government’s web portal is the focal point linking the Government’s directing and operating information in the cyber environment; providing professional guidance and integrating information of web portals of ministries, ministerial-level agencies, government-attached agencies and People’s Committees of provinces and centrally-run cities.

3. The web portals of ministries, ministerial-level agencies, government-attached agencies, People's Committees of provinces and centrally-run cities are connected and integrated with the Government’s web portal and the system for monitoring and measuring the level of provision and use of digital Government services.

4. The domain name of a state agency’s web portal must use the national domain name “.vn” and uses IPv6 Internet address technology, complying with the following principles:

a) For ministries, ministerial-level agencies, and government-attached agencies, use level-3 domain names in the format: name of ministry or sector.gov.vn, in which the name of ministry or sector is the abbreviation or full name in Vietnamese without accent marks or the abbreviation in English of that ministry, ministerial-level agency or government-attached agency as prescribed by the Ministry of Foreign Affairs.

Agencies affiliated to ministries, ministerial-level agencies, and government-attached agencies use level-4 domain names in the format: name of agency.name of ministry or sector.gov.vn, in which the name of agency is the abbreviation or full name of the affiliated agency in Vietnamese without accent marks or English.

b) For People's Committees of provinces and centrally-run cities, use level-3 domain names in the format: name of province or city.gov.vn, in which the name of province or city is the full name of the province or centrally-run city in Vietnamese without accent marks.

The domain name of the People’s Committee of Ho Chi Minh City is hochiminhcity.gov.vn.

Specialized agencies under the People's Committees of provinces and centrally-run cities use level-4 domain names in the format: name of agency.name of province or city.gov.vn, in which the name of agency is the abbreviation or full name of the specialized agency in Vietnamese without accent marks or English.

c) For district-level People's Committees, use level-4 domain names in the format: name of district.name of province or city.gov.vn, in which the name of district is the full name of the urban district, rural district, town, provincial city or centrally-run city in Vietnamese without accent marks.

d) For commune-level People's Committees, use the level-5 domain names in the format: name of ward or commune.name of district.name of province or city.gov.vn, in which the name of ward or commune is the full name of the commune, ward or town in Vietnamese without accent marks.

5. Ministries, ministerial-level agencies, government-attached agencies; People's Committees of provinces and centrally-run cities shall be responsible for supplementing or changing domain names in accordance with Clause 4 of this Article.

6. Ministries, ministerial-level agencies, government-attached agencies; People's Committees of provinces and centrally-run cities shall provide metadata to State agencies’ web portals to support the search, exchange and sharing of information, ensuring the ability to link and integrate with the web portal of relevant agencies and organizations, and ensuring the cyberinformation security in accordance with the law.

7. The Ministry of Information and Communications shall provide guidance on the structure, layout, and technical requirements for the state agencies’ web portals and develop shared tools for state agencies to develop their web portals.

Article 7. Basic supportive functions of web portals

1. Information search, link and storage functions

a) A web portal must have a search function that allows search for full and accurate contents of needed existing information, news and articles at the request of organizations and individuals.

b) A web portal must fully and accurately provide links to web portals of other relevant State agencies.

c) A web portal must have functions to print and store every news and article.

2. Providing information in a foreign language

a) State agencies must ensure to provide information in English, including: Organizational structure, functions, tasks and powers of the agencies and each affiliated unit; contact information of competent cadres and civil servants, including full name, position, working unit, phone number, fax number, official email address.

b) State agencies are encouraged to publish other information sections in English and other languages.

c) Any change to information sections specified at Points a and b Clause 2 of this Article must be promptly updated.

3. Based on specific conditions, State agencies shall perform the basic functions specified in Clauses 1 and 2 of this Article on other channels.

Article 8. Interaction with organizations and individuals in the cyber environment

1. State agencies shall apply information technology and digital technology to provide interactive functions with organizations and individuals on web portals, including:

a) Question-answer and feedback receiving functions include: providing functions that allow organizations and individuals to submit questions and opinions online, answer questions, receive opinions, monitor processing status and receive online petition processing results.

b) Social networking functions.

c) Allow participation in law-making activities, policy implementation and law enforcement by State agencies in accordance with law.

d) Allow assessment of State agencies' information provision in the cyber environment, including assessment of interface, content, quality, and support by the State agencies.

d) Publicize all information on interactions with organizations and individuals as prescribed by law.

2. Based on specific conditions, State agencies shall deploy the function of interacting with organizations and individuals specified in Clause 1 of this Article via other information channels in the cyber environment.

Article 9. Connection and sharing of State agencies' information  in the cyber environment

1. In case a State agency deploys several information channels in the cyber environment, these channels must be connected and integrated to ensure the provision of information in sync with the information on the State agencies’ web portals.

2. The State agencies’ information shall be achieved in the cyber environment and in machine-readable form and shared as web services, application programming interfaces or other common forms to ensure the readiness to connect and share information between information systems of the State agencies.

3. The connection and sharing of data between State agencies shall comply with the Government's Decree No. 47/2020/ND-CP dated April 9, 2020, prescribing the management, connection and sharing of digital data of State agencies.

Article 10. Management and supervision of the provision of State agencies’ information provision in the cyber environment

1. Ministries, ministerial-level agencies, government-attached agencies, People's Committees of provinces and centrally-run cities shall be responsible for inspecting, monitoring and assessing the provision of information of agencies and affiliated units in the cyber environment to ensure the convenience and quality assurance of the information provision.

2. The Ministry of Information and Communications shall guide ministries, ministerial-level agencies, government-attached agencies, and People's Committees of provinces and centrally-run cities to connect to the system for monitoring and measuring the level of provision and use of digital Government services in order to manage and monitor the efficiency and level of provision and use of the State agencies’ information in the cyber environment, synthesize and report to the Prime Minister.

 

Chapter III

PROVISION OF ONLINE PUBLIC SERVICES IN THE CYBER ENVIRONMENT

 

Article 11. Levels of provision of online public services

1. State agencies shall provide online public services at two levels as follows:

a) Wholly online public service means a service that ensures to provide all information about administrative procedures, carry out and process administrative procedures in the cyber environment. Results shall be returned online or via the public postal service.

b) Partially online public service means an online public service that fails to satisfy the conditions specified at Point a Clause 1 of this Article.

State agencies shall apply information technology and digital technology to the maximum in the process of providing and processing online public services in the cyber environment, except for cases where service-using organizations and individuals are required to present at the State agencies or the State agencies are required to conduct on-site verification and examination in accordance with law.

2. For online public services that allow organizations and individuals to submit dossiers in the cyber environment, the State agencies shall be responsible for:

a) Implementing the application of public digital signatures, specialized digital signatures for specialized applications to meet the requirements for digital signatures in the process of implementing online public services.

b) Developing and using interactive e-forms as prescribed.

c) Connecting and exploiting data from national databases, specialized databases, and shared databases of other State agencies to automatically fill out information in e-forms and cut down the composition of dossiers, ensuring the principle that organizations and individuals only provide information once to State agencies when performing online public services.

The connection and sharing of data between State agencies shall comply with the Government's Decree No. 47/2020/ND-CP dated April 09, 2020, prescribing the management, connection and sharing of digital data of State agencies.

3. The Government Office shall guide the review and assessment of administrative procedures to meet the requirements for development of online public services according to the levels specified in this Decree.

4. The Ministry of Information and Communications shall provide guidance on the technical criteria for assessing and ranking the level of online public services; guide and provide technical regulations on digital signature integration or digital signature applications on public service portals.

Article 12. List of online public services

1. The list and information of online public services must be updated on the National Database of Administrative Procedures, synchronized and published on ministerial- and provincial-level public service portals.

2.  Online public services shall be organized and classified according to users (organizations and individuals), service groups (by topic), levels and implementing agencies for the convenient search and use.

3. Online public services shall be standardized and synchronized in terms of codes and names of online public services; attached e-forms; instructions on the use process for organizations and individuals; instructions on the handling process of the State agencies and the results of online public services with the National Database of Administrative Procedures. Such standardization shall be published with the user guide according to each online public service.

4. Online public services under the implementation competence of the State agencies at all levels in the provinces and centrally-run cities, deployed by ministries and sectors in the cyber environment, shall be integrated, publicly announced and synchronized with information on receiving and processing dossiers on the National Public Service Portal and the information system for handling administrative procedures at the provincial level.

5. Regulations on e-identification and authentication of subjects participating in online public service transactions must be clearly defined and publicized on public service portals and comply with the law on e-identification and authentication.

Article 13. Channels for provision of online public services

1. Ministerial- and provincial-level public service portals are parts of the information systems for handling administrative procedures at ministerial and provincial levels, providing online information and public services within the competence of the ministries, ministerial-level agencies, government-attached agencies and People’s Committees at all levels.

2. Ministerial- and provincial-level public service portals must meet the following requirements:

a) Having a consistent domain name in the format: public service.(name of ministry or locality).gov.vn for the Vietnamese-language interface, e-services.(name of ministry or locality in English).gov.vn for the English-language interface; the name of ministry or locality shall comply with the law, and the Internet IPv6 address technology shall be used.

b) Connecting and integrating with the portals of ministries, ministerial-level agencies, government-attached agencies and People's Committees of provinces and centrally-run cities; National Public Service Portal.

c) Connecting with the system for monitoring and measuring the level of provision and use of digital Government services.

d) Connecting with the public digital signature certification portal so that the organizations and individuals using digital signatures can conveniently and easily use online public services provided by the State agencies in the cyber environment.

dd) Structure, layout and technical requirements applicable for the ministerial- and provincial-level public service portals shall comply with the Ministry of Information and Communications’ instructions

e) The Ministry of Information and Communications shall develop a shared tool for State agencies to develop the ministerial- and provincial-level public service portals.

3. Based on specific conditions, State agencies shall proactively deploy different online public service provision channels as follows:

a) Social networks permitted to provide online public services by the State agencies in accordance with law provisions.

b) Mobile applications permitted to deploy concentratedly and uniformly within the ministries, sectors and localities in order to provide online public services by the State agencies to avoid overlap.

4. The State agencies shall publicize channels for provision of online public services in the cyber environment.

5. Channels for provision of online public services in the cyber environment must meet the following requirements:

a) Ensuring convenient access for different means, including mobile devices.

b) Allowing organizations and individuals to make online assessments of the satisfaction of the provided online public services. State agencies shall ensure the confidentiality and privacy of assessment organizations and individuals.

c) Synchronizing information and the handling of online public services provided on the National Public Service Portal or ministerial- and provincial-level public service portals.

6. Organizations and individuals are entitled to choose the channels for provision of online public services in the cyber environment and shall be responsible for complying with provisions on using such online public services.

Article 14. Technical requirements for the provision of online public services

1. The design, development and provision of online public services must comply with technical regulations and provisions applicable to information systems providing online public services, and meet the demands of organizations and individuals, support people with disabilities to access and use information and communications services and products.

2. The systems for providing online public services in the cyber environment must have a friendly, safe, secure and easy-to-use interface which focuses on organizations and individuals.

3. Software products providing online public services shall be deployed as services for easy replication and customization, requiring little technological capacity.

Article 15. Responsibilities for provision of online public services

1. State agencies providing online public services shall be responsible for:

a) Reforming the organization models and work process in order to maximumly apply information technology and digital technology in the provision of online public services in the cyber environment.

b) Providing services for users accessing online public services from different channels in an equal manner without discrimination.

c) Connecting linking various provision channels so that users can access to information on different channels during a visit.

d) Readily, actively and timely providing online public services in a convenient, easy and prompt manner, toward individualization upon requests of organizations and individuals.

2. State agencies are encouraged to provide online public services other than public administrative services in the cyber environment.

Article 16. Monitoring and assessing the efficiency and use of online public services

1. The management, monitoring and assessment of the efficiency and use of online public services by State agencies must be automatically implemented by information systems for each online public service and subject of transaction in each step.

2. The Ministry of Information and Communications shall formulate technical instructions on the tool for assessing the efficiency and use of online public services of the State agencies; integrate and synchronize the assessment result with the system for assessing indicators of citizen- and enterprise-centric public service delivery of the National Public Service Portal, without re-collecting available information.

3. Ministries, ministerial-level agencies, government-attached agencies and People's Committees of provinces and centrally-run cities shall be responsible for:

a) Reporting the performance and efficiency of the provision of online public services by ministries, sectors and localities; sending them to the Ministry of Information and Communications on a monthly basis for summarization and reporting to the Prime Minister.

b) Linking systems providing online public services at ministerial and provincial levels with the system for monitoring and measuring the level of provision and use of digital Government services.

 

Chapter IV

ASSURANCE OF THE PROVISION OF ONLINE INFORMATION AND PUBLIC SERVICES IN THE CYBER ENVIRONMENT

 

Section 1

HUMAN RESOURCES

 

Article 17. Editors of web portals

The State agencies shall be responsible for assigning and arranging sufficient editors of web portals to receive, process, edit and update information, ensuring the operation of the web portals in accordance with law provisions.

Article 18. Technical administration staff

State management agencies shall be responsible for assigning qualified persons to administer the web portals, public service portals and other online information and public service provision systems in accordance with law provisions.

Article 19. Fostering of human resources

State agencies shall be responsible for fostering human resources, providing them with professional knowledge suitable to the assigned tasks, ensuring the provision of online information and public services of the State agencies in the cyber environment.

 

Section 2

FUNDS

 

Article 20. Funds for operations and development of online public service and information provision of State agencies in the cyber environment

1. Funds for operations and development of online public service and information provision of State agencies in the cyber environment come from:

a) The State budget:

Funds for operations and development of online public services and information provision of State agencies in the cyber environment shall be allocated in annual budget estimates by spending area of agencies. In which, funds for operations and development of online public service and information provision of central agencies and units come from the central budget. Funds for operations and development of online public service and information provision of local agencies and units come from the local budgets according to the current law on state budget decentralization.

- Funds for training and retraining staff providing online information and public services shall be included in agencies’ annual budget estimates for training and retraining cadres and civil servants under their management.

b) Lawful revenues which are permitted to be kept by agencies and units for use under law.

c) Aid and official development assistance from donors.

d) Other lawful funding sources under law.

2. State agencies shall annually develop plans to ensure funds to operate and develop online public service and information provision; report to competent agencies for fund allocation.

Article 21. Funds for infrastructure and information security

1. Based on actual needs, units assigned to administer and operate shall be fully equipped with a system of servers, transmission lines and other necessary equipment to ensure the storage, exploitation and security of cyber information in service of provision of online information and public services of State agencies in the cyber environment.

2. On an annual basis, units assigned to administer and operate shall develop plans for preservation, maintenance and upgrading of systems providing online information and public services. Such units shall submit them to competent authorities for consideration and allocation of funds, for the stable provision of online information and public services, ensuring cyber information security.

Article 22. Funds for information creation, royalty and information provision

1. Remunerations and royalty for the provision of information of State agencies on web portals or other channels shall comply with the regulations on the royalty regime in the field of journalism and publishing.

2. Spending levels for the creation, conversion and digitalization of information for web portals or other channels shall comply with the Ministry of Finance’s guidance on spending levels for e-information creation.

3. Based on managing agencies’ funding capacity, their heads shall set specific spending levels for information creation and remunerations, royalty payment in accordance with the laws.

 

Section 3

CONFORMITY WITH TECHNICAL INFRASTRUCTURE

 

Article 23. Conformity with technical regulations and standards

1. State agencies shall comply with technical standards, regulations and guidelines to provide online information and public services in the cyber environment.

2. The Ministry of Information and Communications shall develop and promulgate technical standards, regulations and guidelines for the provision of online information and public services of State agencies in the cyber environment.

Article 24. Preservation, maintenance and upgrading of systems providing online information and public services

1. Online public service and information provision channels and related information systems of State agencies must be regularly checked and maintained to ensure reliable and continuous operation.

2. On an annual basis, online public service and information provision channels and related information systems of State agencies must be reviewed and planned for upgrading and modifying to meet actual requirements.

Article 25. Assurance of technical infrastructure

1. State agencies shall invest in building technical infrastructure or hire services from outside providers to ensure cost-efficient and effective provision of online information and public services.

2. State agencies shall be responsible for providing sufficient necessary equipment for the collection, processing and updating of information for online public service and information provision channels in the cyber environment, ensuring efficient exploitation of existing technology infrastructure, application of modern technologies, prioritizing the application of cloud computing technology.

Article 26. Cyber information security and cyber security

State agencies shall be responsible for providing online information and public services in the cyber environment, ensuring the following requirements:

1. Ensuring information security, personal information protection and information system security in accordance with the laws on information security and cyber security

2. Having effective solutions against attacks that cause insecurity of cyber information of online public service and information provision channels.

3. Having backup plans to ensure to the utmost constant operations of online public service and information provision channels.

 

Chapter V

IMPLEMENTATION ORGANIZATION

 

Article 27. Responsibilities of the Ministry of Information and Communications

1. To perform the tasks assigned in Articles 5, 6, 10, 11, 13, 16 and 23 of this Decree.

2. To develop technical platforms and tools to create favorable conditions for State agencies to provide online information and public services in the cyber environment according to the tasks assigned by the Government and the Prime Minister.

3. To inspect and assess the effectiveness and satisfaction of technical requirements in providing information and performing online public services of State agencies; to summarize and report to the Prime Minister.

Article 28. Responsibilities of the Government Office

1. To perform the tasks assigned in Article 11 of this Decree.

2. To develop, operate and maintain the Government’s web portal in accordance with Clauses 2 and 3, Article 6 of this Decree.

3. To provide unified regulations and instructions on the standardization of the list of online public services at all levels nationwide.

4. To develop and complete the National Public Service Portal and integrate online public services of ministries, sectors and localities into the National Public Service Portal; to monitor, supervise and assess the quality of services provided to organizations and individuals in performing administrative procedures and providing public services by ministries, sectors and localities with real-time data.

Article 29. Responsibilities of ministries, ministerial-level agencies, government-attached agencies and People's Committees of provinces and centrally-run cities

1. To manage, monitor and improve the quality of online public service and information provision of agencies and affiliated units.

2. To comply with technical standards, regulations and guidelines on provision of information and public services online in the cyber environment.

3. To make periodic reports on the provision of online information and public services.

4. To organize the implementation of this Decree at ministries, ministerial-level agencies, government-attached agencies and People's Committees of provinces and centrally-run cities.

Article 30. Effect

1. This Decree takes effect on August 15, 2022.

2. This Decree replaces the Government's Decree No. 43/2011/ND-CP dated June 13, 2011, on provision of online information and public services on websites or web portals of State agencies.

3. For websites of State agencies under ministries, ministerial-level agencies and government-attached agencies; specialized agencies under the People's Committees of provinces and centrally-run cities; district-level People's Committees and commune-level People's Committees that have not yet met requirements provided in Clause 1 of Article 6, their managing agencies shall comply with Clause 1 of Article 6 within 2 years from the effective date of this Decree.

Article 31. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of People’s Committees of provinces and centrally-run cities, and related agencies, organizations and individuals shall be responsible for the implementation of this Decree.

 

 

ON BEHALF OF THE GOVERNMENT

FOR THE PRIME MINISTER

THE DEPUTY MINISTER

 

 

Vu Duc Dam

 

 

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