Nghị định 42/2022/NĐ-CP cung cấp thông tin dịch vụ công trực tuyến trên môi trường mạng

DECREE

PRESCRIBING PROVISION OF ONLINE INFORMATION AND ONLINE PUBLIC SERVICES BY REGULATORY BODIES

Pursuant to the Law on Government Organization dated June 19, 2015; Law dated November 22, 2019 on Amendments to some Articles of the Law on Government Organization and Law on Local Government Organization;

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 hereby promulgates a Decree prescribing provision of online information and online public services by regulatory bodies.

...

...

...

GENERAL PROVISIONS

Article 1. Scope

This Decree prescribes the provision of online information and online public services by regulatory bodies.

Article 2. Regulated entities

1. Ministries, ministerial agencies, governmental agencies; General Departments, Departments and equivalent agencies; specialized agencies affiliated to People's Committees of provinces and central-affiliated cities (hereinafter referred to as “provincial People’s Committees); specialized agencies affiliated to People's Committees of provinces and central-affiliated cities; People’s Committees of urban districts, rural districts, district-level towns, provincial cities and central-affiliated cities (hereinafter referred to as “district-level People’s Committees”); People's Committees of communes, wards and commune-level towns affiliated to districts, urban districts, district-level towns, provincial cities and central-affiliated cities (hereinafter referred to as “commune-level People's Committees”).

2. Organizations and individuals providing and using online information and public services of regulatory bodies in accordance with regulations of law.

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

Article 3. Definitions

For the purposes of this Decree, the terms below shall be construed as follows:

...

...

...

2. “agency managing a web portal or website” means any of the regulatory bodies specified in clause 1 Article 2 of this Decree (hereinafter referred to as “managing agency”).

3. “ministerial or provincial data portal” means a focal point which offers access to online information and data for the purposes of publishing open data and providing information on data sharing of regulatory bodies within a Ministry or province; provides documents, services, tools and applications for processing and exploiting data published by regulatory bodies within such Ministry or province.

4. “public administrative service” means a not-for-profit service related to law enforcement, which is provided by a regulatory body to organizations and individuals in the form of legally valid documents or notifications of performance results in the domains under management of that regulatory body.

Each public administrative service is associated with one or more administrative procedure(s) to handle a specific affair related to an organization or individual.

5. “online public service” of a regulatory body means a public administrative service or another service electronically provided by a regulatory body to organizations and individuals.

6. “subjects participating in transactions” include regulatory bodies, organizations and individuals participating in transactions of online public services.

7. “non-interactive electronic form” means a form serving administrative procedures (application form, declaration form) formatted and stored as an electronic file for downloading and filling out such form.

8. “interactive electronic form” is a form serving administrative procedures which is presented in the form of a computer application (usually in the form of an application on a website) so as for organizations and individuals to provide and exchange information and data when using online public services of regulatory bodies.

9. “online public services and communication channel” of a regulatory body means an online communication channel defined and managed by a regulatory body to control the provision of online information and online public services to organizations and individuals.

...

...

...

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

12. “public certification portal” which is developed by the Ministry of Information and Communications means an information system connected to public certification authorities and Government’s specialized certification authorities.

Chapter II

PROVISION OF ONLINE INFORMATION BY REGULATORY BODIES

Article 4. Provision of online information

1. Regulatory bodies that disclose online information to organizations and individuals in accordance with the Law on Access to Information and the Law on Information Technology shall provide information as follows:

a) Legislative documents and administrative documents which fall under their promulgation authority or they are assigned to preside over drafting, clearly stating: forms of documents, promulgation authority, numbers, dates of promulgation, effective dates, subjects, files permitted for download, provision of document search tools;

Information on legislative documents shall be provided under regulations of law and in synchronization with the National Database of Legislative 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 signatory, international agreements to which Vietnam is a party.

...

...

...

d) Information concerning dissemination and provision of guidance on implementation of laws, regimes and policies on the domains under regulatory bodies’ management.

dd) National and local socio-economic development strategies, programs, projects, schemes, plans and planning; sectoral and industry planning, methods and results of implementation; annual working programs and plans of regulatory bodies. To be specific:

- Every Ministry, ministerial agency or governmental agency provide information on strategies, plans and sectoral and industry planning under their authority nationwide. Specialized agencies affiliated to provincial People’s Committees provide information on strategies, plans and sectoral and industry planning under their authority within provinces.

- Provincial and district-level People’s Committees provide information on socio - economic development strategies, plans and planning within their provinces and districts.

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

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

e) Information on functions, tasks, powers, organizational structures, organizational charts of agencies and affiliated units; addresses, phone number, fax number and emails of regulatory bodies; full names, positions, workplaces, phone number and official emails of officials acting as the contact point:

- For a ministry, ministerial agency, governmental agency, General Department, Department or an equivalent agency or a specialized agency affiliated to a provincial People’s Committee, there must be information on organizational charts, organizational structures, functions, tasks and powers of the agency and its affiliated units; brief description of the foundation and development of the agency; short biographies and tasks of the agency leadership.

- For a provincial People’s Committee or district-level People’s Committee, there must be information on organization of the administrative apparatus, map of commune-level administrative divisions; natural conditions, history, cultural tradition, sites/monuments and landscape; short biographies and tasks of the agency leadership.

...

...

...

h) A list of pieces 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 required to be disclosed as prescribed law.

2. In addition to the information specified in clause 1 of this Article, regulatory bodies may provide other information under their authority.

3. Online information provided by regulatory bodies must be promptly updated after changes are made.

Article 5. Communication channel

1. Website or web portal of a regulatory body (hereinafter referred to as “regulatory body’s web portal”) is an online uniform and centralized communication channel of a regulatory body.

2. Based on specific conditions, regulatory bodies shall establish other online communication channels as follows:

a) Ministerial and provincial data portals

The ministerial data portal is integrated with the National Data Portal and is a subpage of a web portal of a Ministry, ministerial agency or governmental agency; the provincial data portal is integrated with the National Data Portal and is a subpage of a web portal of a provincial People's Committees.

...

...

...

c) Email.

d) Applications on mobile devices permitted by regulatory bodies to provide online information, which shall be run in a centralized manner and shared among Ministries, central and local authorities in order to provide regulatory bodies’ online information and avoid duplication.

dd) Telephone switchboards.

3. Regulatory bodies shall publish online communication channels. These channels shall conform to the following requirements:

a) Ensure different means’ easy access, including mobile devices.

b) Permit organizations and individuals to make online assessments of the satisfaction of the provided information. Regulatory bodies shall protect confidentiality and privacy of information about assessors.

c) Ensure cyberinformation security; apply standards and technologies to assist people with disabilities in accessing and using information and communications products and services; comply with technical regulations on provision of online information.

d) The Ministry of Information and Communications shall provide guidance on standards for provision of assistance to people with disabilities in accessing and using information and communications products and services; provision of online information.

4. Organizations and individuals are entitled to choose any channel provided by regulatory bodies to access and use regulatory bodies’ online information and shall comply with regulations on use of online information.

...

...

...

1. Web portals of Ministries, ministerial agencies, governmental agencies and provincial People's Committees are official and centralized online communication channels of regulatory bodies within the Ministries, central and local authorities. If agencies and units affiliated to Ministries, ministerial agencies, Governmental agencies; specialized agencies affiliated to provincial People's Committees; district-level People’s Committees; commune-level People's Committees have websites, they must be part of web portals of Ministries, ministerial agencies, governmental agencies and provincial People's Committees.

2. The Government’s web portal acts as an online communication; provide professional guidance and integrate information with web portals of ministries, ministerial agencies, governmental agencies and provincial People’s Committees.

3. Web portals of ministries, ministerial agencies, governmental agencies and provincial People's Committees are connected and integrated with the Government’s web portal and the digital Government service rating system.

4. The domain name of a regulatory body’s web portal must use the national domain name “.vn” and use IPv6 Internet address in compliance with the following principles:

a) For ministries, ministerial agencies, and governmental agencies, use the third-level domain name: name of ministry or sector.gov.vn in which the name of the Ministry or sector is the abbreviated name or full name in Vietnamese without accent marks or the abbreviated name in English of that Ministry, ministerial agency or governmental agency prescribed by the Ministry of Foreign Affairs.

Agencies affiliated to Ministries, ministerial agencies and governmental agencies use the fourth-level domain: nameofagency.nameofministry or sector.gov.vn in which the name of agency is the abbreviated name or full name of the affiliated agency in Vietnamese without accent marks or English.

b) For provincial People's Committees, use the third-level domain name: nameofprovince or city.gov.vn in which the name of province or city is the full name of the province or central-affiliated 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 affiliated to provincial People's Committees use the fourth-level name: nameofagency.nameofprovince or city.gov.vn in which the name of agency is the abbreviated name or full name of the specialized agency in Vietnamese without accent marks or English.

...

...

...

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

5. Ministries, ministerial agencies, governmental agencies; provincial People's Committees shall add or change domain names in accordance with clause 4 of this Article.

6. Ministries, ministerial agencies, governmental agencies; provincial People's Committees shall provide metadata to regulatory bodies’ web portals to support the search for, exchange and sharing of information, maintaining the connection and integration with web portals of relevant agencies and organizations, and maintaining the cyberinformation security in accordance with regulations of law.

7. The Ministry of Information and Communications shall provide guidance on the structure, layout and technical requirements for the regulatory bodies’ web portals and develop a shared tool so as for regulatory bodies to develop their web portals.

Article 7. Basic functions of web portals

1. Supporting information search, connection and storage

a) The information search function allows search for full and accurate contents of needed existing information, news and articles at the request of organizations and individuals.

b) Links to web portals of other relevant regulatory bodies are provided in a full and accurate manner.

c) Print and storage functions for every piece of news and article are provided.

...

...

...

a) Every regulatory body must provide information in English, including organizational structure, functions, tasks and powers of such body and its affiliated units; contact information of competent officials, including full names, positions, workplace, phone number, fax numbers and official emails.

b) Regulatory bodies are encouraged to post information in other sections in English and other languages.

c) Any change to the information sections specified in points a and b clause 2 of this Article must be promptly updated.

3. Based on specific conditions, regulatory bodies shall perform the basic functions mentioned in clauses 1 and 2 of this Article on other channels.

Article 8. Online interaction with organizations and individuals

1. Regulatory bodies shall apply information technology and digital technology to carry out functions allowing online interaction with organizations and individuals on their web portals, consisting of:

a) Question-answer and feedback function, which allows organizations and individuals to submit their questions and feedback online, answers questions, receives feedback and monitors the online processing of complaints and receipt of results.

b) Social networking function.

c) Allowing participation in law-making and enforcement of policies and laws of regulatory bodies in accordance with regulations of law.

...

...

...

dd) Publicize all information relating to interaction with organizations and individuals as prescribed by law.

2. Based on specific conditions, regulatory bodies may perform the functions specified in clause 1 of this Article through other online communication channels.

Article 9. Online connection and sharing of regulatory bodies’ information

1. Where a regulatory body establishes multiple online communication channels, these channels must be connected and integrated to make sure that information is provided in sync with the information on its web portal.

2. Regulatory bodies’ online information shall be archived in a machine-readable form and shared in the form of a web service or application programming interface or other common forms to ensure the readiness for information connection and sharing between information systems of regulatory bodies.

3. The connection and sharing of data between regulatory bodies shall comply with the regulations set out in the Government’s Decree No. 47/2020/ND-CP dated April 09, 2020.

Article 10. Management and supervision of provision of online information by regulatory bodies

1. Ministries, ministerial agencies, Governmental agencies and provincial People's Committees shall inspect, supervise and assess the provision of online information by agencies and affiliated units to ensure the convenience and quality assurance upon provision of information.

2. The Ministry of Information and Communications shall instruct Ministries, ministerial agencies, Governmental agencies and provincial People's Committees to establish a connection with the digital Government service rating system in order to manage and monitor the efficiency in and level of provision and use of regulatory bodies’ online information, and submit a consolidated report thereon to the Prime Minister.

...

...

...

PROVISION OF ONLINE PUBLIC SERVICES

Article 11. Levels of online public services

1. Every regulatory body shall provide online public services at 02 levels as follows:

a) Wholly online public service, which is a service making sure that all information about administrative procedures are provided and administrative procedures in are processed and handled online. Results are returned online or via the public postal service.

b) Partially online public service, which is an online public service failing to satisfy the conditions specified at point a clause 1 of this Article.

Regulatory bodies shall apply information technology and digital technology to the maximum in the process of providing and processing online public services, except for cases where service users are required to be present at a regulatory body or the regulatory body has to conduct on-site verification in accordance with regulations of law.

2. For online public services that permit organizations and individuals to submit dossiers online, regulatory bodies shall:

a) Apply public digital signatures or specialized digital signatures to specialized applications to meet the digital signature requirements in the process of rendering online public services.

b) Develop and use interactive e-forms as prescribed.

...

...

...

The connection and sharing of data between regulatory bodies shall comply with the regulations set out in the Government’s Decree No. 47/2020/ND-CP dated April 09, 2020.

3. The Office of the Government shall provide guidelines for reviewing and assessing administrative procedures to meet the requirements for development of online public services at the levels specified in this Decree.

4. The Ministry of Information and Communications shall provide guidance on technical criteria for assessing and rating online public services; provide guidance and technical regulations on integration of digital signatures or digital signature application on public service portals.

Article 12. List of online public services

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

2. Online public services shall be organized and classified according to users (organizations and individuals), service groups (by topics), levels and agencies in charge to facilitate the search and use thereof.

3. Upon being provided online, online public services shall be standardized and synchronized in terms of their codes and names; attached e-forms; instructions for use; instructions on the handling process provided by regulatory bodies and the results of online public services with the National Database of Administrative Procedures. Such standardization shall be published together with the user guide according to each online public service.

4. Online public services under the authority of regulatory bodies at all levels in provinces which are rendered online by Ministries and central authorities shall be integrated, disclosed and synchronized with information relating to receipt and processing of dossiers on the National Public Service Portal and the provincial information system for handling administrative procedures.

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

...

...

...

1. Ministerial and provincial public service portals are part of the ministerial and provincial information systems for handling administrative procedures which provide organizations and individuals with online information and public services under the authority Ministries, ministerial agencies, Governmental agencies and People’s Committees at all levels.

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

a) Have a consistent domain name: dichvucong(“publicservice”).(name of ministry or local authority).gov.vn for the Vietnamese-language interface, e-services.(name of ministry or local authority in English).gov.vn for the English language interface; name of ministry or local authority shall comply with regulations of law, and the Internet IPv6 address shall be used.

b) Connect and integrate with web portals of Ministries, ministerial agencies, Governmental agencies and provincial People's Committees; National Public Service Portal.

c) Connect with the digital Government service rating system.

d) Connect with the public digital signature certification portal to assist organizations and individuals using digital signatures in conveniently and easily using online public services provided by regulatory bodies.

dd) Structure, layout and technical requirements applicable for the ministerial and provincial public service portals shall adhere to the guidelines provided by the Ministry of Information and Communications.

e) The Ministry of Information and Communications shall develop a shared tool so as for regulatory bodies to develop the ministerial and provincial public service portals.

3. Based on specific conditions, regulatory bodies shall proactively establish other online public services channels as follows:

...

...

...

b) Applications on mobile devices permitted by regulatory bodies to provide online public services, which shall be run in a centralized manner and shared among Ministries, central and local authorities in order to provide regulatory bodies’ online public services and avoid duplication.

4. Regulatory bodies shall publicize online public services channels.

5. Online public services channels must meet the following requirements:

a) Ensure different means’ easy access, including mobile devices.

b) Permit organizations and individuals to make online assessments of the satisfaction of the provided online public services. Regulatory bodies shall protect confidentiality and privacy of information about assessors.

c) Synchronize information and processing status with online public services provided on the National Public Service Portal or ministerial and provincial public service portals.

6. Organizations and individuals are entitled to choose any online public services channel provided by regulatory bodies and shall comply with regulations on use of such online public services.

Article 14. Technical requirements for provision of online public services

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

...

...

...

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

Article 15. Responsibility for providing online public services

1. Every regulatory body providing online public services shall:

a) Reform its organizational structure and business process in order to apply information technology and digital technology to the maximum during provision of online public services.

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

c) Connect various channels in order for users to access information on different channels during a visit.

d) Readily, proactively and promptly provide online public services which are convenient, easy and quick, and individualize requests of organizations and individuals.

2. Regulatory bodies are encouraged to provide online public services other than online public administrative services.

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

...

...

...

2. The Ministry of Information and Communications shall provide technical guidance on the tool for rating online public services of regulatory bodies; integrate and synchronize assessment results with the system for assessing indicators of citizen- and enterprise-centric public service delivery of the National Public Service Portal without recollecting available information.

3. Ministries, ministerial agencies, Governmental agencies and provincial People’s Committees shall:

a) Report the performance and efficiency in the provision of online public services by Ministries, central and local authorities; send them to the Ministry of Information and Communications on a monthly basis for consolidation and reporting to the Prime Minister.

b) Connect ministerial and provincial online public service systems with the digital Government service rating system.

Chapter IV

FACILITATING PROVISION OF ONLINE INFORMATION AND ONLINE PUBLIC SERVICES

Section 1. PERSONNEL

Article 17. Web portal editing personnel

Regulatory bodies shall assign sufficient personnel to edit web portals to receive, process, edit and update information, ensuring the operation of web portals in accordance with regulations of law.

...

...

...

Regulatory bodies shall assign sufficient qualified personnel to administer web portals, public service portals and other online information and public service systems as prescribed by law.

Article 19. Personnel training

Regulatory bodies shall provide personnel with professional training appropriate to their assigned tasks in order to facilitate their provision of online information and online public services.

Section 2. FUNDING

Article 20. Funding for maintenance and development of online public service and information provision-related activities of regulatory bodies

1. Funding for maintenance and development of online public service and information provision-related activities of regulatory bodies shall be covered by:

a) State budget:

- Funding for maintenance and development of online public service and information provision-related activities of regulatory bodies is included in the annual state budget expenditure estimate by expenditures incurred by the bodies. Expenditures on maintenance and development of online public service and information provision-related activities of central authorities and units shall be covered by the central state budget; expenditures on maintenance and development of online public service and information provision-related activities of local authorities and units shall be covered by the local state budget in accordance with regulations of law on hierarchical management of state budget.

- Funding for provision of training for officials responsible for provision of online information and online public services is annually included in authorities’ estimates of budget for providing training for officials under their management.

...

...

...

c) Aid and official development assistance from donors.

d) Other lawful funding sources prescribed by law.

2. Every regulatory body shall develop an annual plan to provide funding for maintenance and development of their online public service and information provision-related activities; report it to a competent authority for funding allocation.

Article 21. Funding for maintaining infrastructure and information security

1. Based on actual needs, units responsible for management and operation shall be fully equipped with servers, lines and other equipment necessary for storage, exploitation, protection of confidentiality and security of cyberinformation in service of provision of online information and online public services by regulatory bodies.

2. Over periods or on an annual basis, units responsible for management and operation shall develop a plan for maintenance, care and upgrading of online information and public services systems, and submit it to a competent authority for consideration and allocation of funding in order to ensure stability in provision of online information and online public services and cyberinformation security.

Article 22. Funding for information creation and information provision and payment of royalty

1. Remunerations and royalties from the provision of information by regulatory bodies on web portals or other channels shall comply with the regulations of law on royalties in areas of journalism and publishing.

2. Specific expenditures on the creation, transformation and digitalization of information on web portals or other channels shall adhere to the guidelines for e-information creation given by the Ministry of Finance.

...

...

...

Section 3. TECHNICAL INFRASTRUCTURE

Article 23. Conformity with technical regulations and standards

1. Regulatory bodies shall comply with standards, technical regulations and guidance to provide online information and public services.

2. The Ministry of Information and Communications shall develop and promulgate standards, technical regulations and guidance on provision of online information and online public services by regulatory bodies.

Article 24. Maintenance, care and upgrading of online public service and information system

1. Online public services and communication channels and related information systems of regulatory bodies must be regularly checked and maintained to ensure their reliable and continuous operation.

2. On an annual basis, online public services and communication channel and related information systems of regulatory bodies must be reviewed and a plan for upgrading and adjustment thereof must be in place to meet actual demands.

Article 25. Maintenance of technical infrastructure

1. Regulatory bodies shall invest in building technical infrastructure or hire service providers to ensure cost-efficient and effective provision of online information and online public services.

...

...

...

Article 26. Assurance of cyberinformation security and cyber security

Regulatory bodies shall provide online information and public services according to the following requirements:

1. Ensure information security, protect personal information and ensure information system security in accordance with regulations of law on information security and cyber security

2. Adopt effective solutions against attacks that threaten cyberinformation security of online public service and communication channels.

3. Formulate backup plans to ensure that online public service and communication channels operate continuously to the maximum.

Chapter V

IMPLEMENTATION

Article 27. Responsibilities of Ministry of Information and Communications

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

...

...

...

3. Inspect and assess the effectiveness and satisfaction of technical requirements for provision of information and performance of online public services of regulatory bodies; submit consolidated reports thereon to the Prime Minister.

Article 28. Responsibilities of the Office of the Government

1. Perform the assigned tasks in Article 11 of this Decree.

2. Develop, operate and maintain web portals of the Government as prescribed in clauses 2 and 3 Article 6 of this Decree.

3. Prescribe and provide guidance on standardization of list of online public services at all levels nationwide.

4. Develop and complete the National Public Service Portal and integrate online public services of Ministries, central and government authorities into the National Public Service Portal; monitor, supervise and assess quality of services provided to organizations and individuals during performance of administrative procedures and provision of public services by Ministries, central and local authorities using real-time data.

Article 29. Responsibilities of Ministries, ministerial agencies, governmental agencies and provincial People's Committees

1. Manage, monitor and improve the quality of online public services and information provided by agencies and their affiliated units.

2. Comply with standards, technical regulations and guidance on provision of online information and online public services.

...

...

...

4. Organize the implementation of regulations of this Decree at Ministries, ministerial agencies, Governmental agencies and provincial People's Committees.

Article 30. Effect

1. This Decree comes into force from August 15, 2022.

2. This Decree supersedes the Government’s Decree No. 43/2011/ND-CP dated June 13, 2011.

3. For websites of regulatory bodies affiliated to Ministries, ministerial agencies, Governmental agencies; specialized agencies affiliated to provincial People's Committees; district-level People’s Committees; commune-level People's Committees which have yet to comply with clause 1 of Article 6, the agencies managing such websites shall, within 02 years from the effective date of this Decree, comply with the regulations set out in clause 1 of Article 6.

Article 31. Responsibility for implementation

Ministers, heads of ministerial agencies, heads of Governmental agencies, provincial People's Committees and organizations and individuals concerned are responsible for the implementation of this Decree.

...

...

...

ON BEHALF OF THE GOVERNMENT
PP. THE PRIME MINISTER
THE DEPUTY PRIME MINISTER




Vu Duc Dam