Nghị định 87/2020/NĐ-CP quy định Cơ sở dữ liệu hộ tịch điện tử đăng ký hộ tịch trực tuyến

DECREE

ON ELECTRONIC CIVIL STATUS DATABASE AND ONLINE CIVIL REGISTRATION

Pursuant to Law on Government Organization dated June 19, 2015;

Pursuant to Law on Civil Status dated November 20, 2014;

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

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

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

At the request of Minister of Justice;

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Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and regulated entities

1. This Decree provides for development, management, update, extraction and use of electronic civil status database; connection and sharing data between electronic civil status database with national population database, national public service portal, public service portals, provincial single-window information system, other databases of ministries and local governments; issuance of copies of civil status extract and civil status confirmation; online civil registration.

2. Regulated entities of the Decree are ministries, ministerial agencies and central regulatory authorities; People’s Committees of all levels, domestic civil status registration and management agencies and overseas Vietnam representative missions; relevant organizations and individuals in developing, managing, updating, extracting and using electronic civil status database.

Article 2. Term interpretation

1. Electronic civil status database is database formed on the basis of computerized civil registration in order to store civil information of registered individuals as per the law by digital devices, in cyber environment via common electronic civil registration and management software.

2. Common electronic civil registration and management software shall be the basis of electronic civil status database, including civil registration and management software and software, applications and services developed, designed and provided to civil registration and management agencies by Ministry of Justice to register civil status, develop, update, digitalize, standardize and manage civil status data, extract and use electronic civil status database.

Common electronic civil registration and management software shall be connected with provincial electronic single-window information systems; then connect with national public service portal and provincial public service portal via provincial electronic single-window information systems to receive, process and monitor receipt, processing and processing results of administrative procedures in civil status performed online.

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4. Full name consisting of family name, first name and middle name (if any).

Article 3. Information in electronic civil status database

1. Information in electronic civil status database consists of:

a) Civil status information of an individual established during his/her birth registration includes: full name; date of birth; gender; place of birth, ethnic group, nationality, hometown, residence, personal identification number, personal identification document(s) of his/her parent(s); full name, personal identification number and personal identification document(s) of person(s) performing civil registration and relationship with the individual; registration number, book number, date of registration, name of birth registration agencies; full name and title of person signing birth certificate;

b) Civil status information of an individual who is a Vietnamese national whose birth registration has been adopted by a competent oversea agency established when he/she is registered in civil registers includes: full name; date of birth; gender; place of birth; ethnic group, nationality, hometown, personal identification number, personal identification document of the individual; full name, date of birth, ethnic group, nationality, hometown, personal identification number and personal identification document(s) of his/her parent(s); type of document, document number, date of issue, name of agency and country that issue civil status documents which serve as the basis for birth registration overseas; information on person performing birth registration; full name, personal identification number and personal identification document of applicant for birth registration; registration number, book number, date of registration, name of overseas agency performing birth registration; full name and title of person signing extract and specifying birth registration in civil registers;

c) Other civil status information of an individual updated in his/her civil status information which is established as specified under Point a and Point b of this Clause consists of: information on marriage registration; issuance of marital status verification; guardian(s); acknowledging parent(s) and child/children; adopting child/children; revision of civil status information, re-verification of ethnic group; declaration of death; recording revision of civil status according to judgments and decisions of competent authorities in civil registers; recording processed civil status affairs of a Vietnamese national by an oversea competent agency in civil registers;

d) Scanned or photo of page(s) of civil registers that contain information that is digitalized and standardized according to Point b Clause 2 of this Article.

2. Information in electronic civil status database shall be formed from following sources:

a) Civil status information of individuals registered via common electronic civil status registration and management system;

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c) Information connected and shared from national population databases;

d) Civil status information shared, converted and standardized from previously established electronic civil status software and databases.

Article 4. Principles for developing, updating, managing, extracting and using electronic civil status database and registering civil status online

1. Electronic civil status database shall be developed and managed in a concentrated manner from central to local governments.

2. Electronic civil status database shall be updated promptly, adequately and accurately and maintained in terms of operation continuously, stably and throughout to satisfy extraction and use demands of agencies, organizations and individuals as per the law.

3. Electronic civil status database shall be stored and secured to satisfy information safety.

4. Development, update, management, extraction and use of electronic civil status database and online civil registration must comply with Law on Civil Status and applicable elaborating documents; regulations and law on structure of Vietnam e-Government; regulations on management, connection and sharing digital data of regulatory authorities; regulations on protecting private life, personal secrets, family secrets and other relevant law provisions.

Article 5. Prohibited acts

1. Providing incorrect information when registering civil status online.

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3. Destroying information infrastructure or obstructing operation, stability and continuity of electronic civil status database.

Chapter II

DEVELOPMENT, MANAGEMENT, UPDATE, EXTRACTION AND USE OF ELECTRONIC CIVIL STATUS DATABASE

Article 6. Development of electronic civil status database

1. Development of electronic civil status database consists of following activities:

a) Ensuring technical and information infrastructures;

b) Designing and organizing the database;

c) Implementing, upgrading, improving and expanding common electronic civil registration and management software;

d) Collecting, standardizing and entering data;

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e) Training, improving and organizing personnel, operating, managing, updating, extracting and using the database;

g) Operating and calibrating the database;

h) Other activities as per the law.

2. Structural design of electronic civil status database must conform to database standards and technical regulations, standards, information technology, economic and technical norms; be compatible and capable of integrating, sharing data and expanding data field in system and application software design; be able to satisfy expansion, upgrade and development.

Article 7. Data update in electronic civil status database

1. Information updated in electronic civil status database consisting of civil status information of an individual and civil status information of his/her parents and spouses in case of changes to marital affairs, changes, reform or revision of civil status information, re-verification of ethnic group; acknowledging parent(s), child/children; acting as guardians; adopting child/children; declaration of death; recording revision of civil status according to judgments and decisions of competent authorities in civil registers; recording processed civil status affairs of a Vietnamese national by an oversea competent agency in civil registers.

2. Responsibilities for updating data

a) Civil registration agencies shall use common electronic civil registration and management software to update data as specified under Clause 1 of this Article.

b) Civil registration and management agencies upon receiving civil documents or information on changes to civil status information specified under Clause 1 of this Article via electronic system shall update in the civil status database in case the changed civil status information has not been updated via common civil registration and management software and record changed civil status information in respective civil registers immediately within the working day. In case of receiving civil documents or information after 3 p.m., proceed in the next working day.

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Article 8. Extraction and use of electronic civil status database

1. Civil registration agencies shall extract and use the electronic civil status database to perform civil registration within their competence; issue copies of civil status excerpt; issue confirmation of marital status; record figures related to civil registration and perform other state management affairs in civil status as per the law.

2. Ministry of Justice shall extract and use the electronic civil status database to issue copies of civil status excerpt and verify civil status information for individuals whose civil status information is included in the electronic civil status database; implement connection and sharing data between the electronic civil status database and other databases of ministries and local governments; perform other state management activities related to civil status as per the law.

3. Ministry of Foreign Affairs shall extract and use the electronic civil status database to issue copies of civil status excerpt and verify civil status information for individuals who have performed civil registration in representative missions; perform other state management activities related to civil status as per the law.

4. Departments of Justice and Justice Agencies shall extract and use the electronic civil status database to issue copies of civil status excerpt and verify civil status information for individuals who have performed civil registration in civil registration agencies within their competence or when applied by individuals residing in the area; perform other state management activities related to civil status within their competence as per the law.

5. Agencies and organizations requesting for civil status information from the electronic civil status database for state management purposes shall apply to competent agencies specified under Clauses 2, 3 and 4 of this Article.

6. Individuals applying for extracting their civil status information in the electronic civil status database shall submit application for issuance of copies of civil status excerpt and civil status verification to competent civil registration and management agencies.

Article 9. Responsibilities of agencies, organizations and individuals applying for extraction and use of electronic civil status database

1. Complying with regulations and law on civil status and applicable laws on using information on the internet; extraction and use of data in cyber environment; protection of private life, personal secrets and family secrets.

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Article 10. Connection and sharing information between the electronic civil status database, national population database and other databases of ministries and local governments

1. Connection and sharing information between the electronic civil status database and national population database shall be implemented via data sharing services.

2. The electronic civil status database shall provide following information of an individual for the national population database:

a) Information during birth registration, including: full name, date of birth, gender, hometown, ethnic group, nationality of individuals subject to birth registration; full name, date or year of birth, ethnic group, nationality, personal identification number or ID number and residence of parents of the individuals subject to birth registration; place where birth registration is performed;

b) Information on marital status, including: marriage registration information; information recorded regarding changes to marital status according to judgments and decisions on competent authorities; information recorded in civil registers regarding marriage, divorce or marriage annulment of a Vietnamese national that have been processed by an oversea competent agency;

c) Information on changes and revision to civil status, addition of civil status information, re-verification of ethnic group; recording changes of civil status according to judgments and decisions of competent authorities in civil registers; recording civil status affairs of Vietnamese nationals processed by overseas competent agencies;

d) Information on application for guardians and termination of guardians;

dd) Information on declaration of missing persons, cancellation of declaration of missing persons, declaration of death or cancellation of declaration of death;

e) Information on registration for declaration of death.

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a) Personal identification number at the time in which birth registration is performed on common electronic civil registration and management software;

b) Information on full name, personal identification number, ID number, place where birth registration is performed, date of birth, gender, ethnic group, nationality, hometown, marital status, permanent residence, current residence, date of death or missing; full name, personal identification number, ID number, ethnic group, nationality of parents, spouses and legal representatives of individuals born before January 1, 2016 gathered in national population database to enable the electronic civil status database to compare and update civil status information.

4. Connection and sharing data between the electronic civil status database and other databases of ministries and local governments shall be implemented at default according to regulations and law on management, connection and sharing digital data of regulatory authorities on the basis of agreement between Ministry of Justice and presiding authorities on scope, form and structure of connected data, responsibilities of parties in ensuring information safety and security and protecting private life, personal secrets and family secrets.

Article 11. Procedures for connecting and sharing information between the electronic civil status database and national population database

1. When performing birth registration for Vietnamese nationals, information specified under Point a Clause 2 Article 10 of this Decree shall be transferred from the electronic civil status database to national population database. National population database shall provide personal identification number for the electronic civil status database and store information of the nationals in the national population database. Information shall only be stored in national population database when it is not overlapping.

2. After performing civil registration which changes birth registration information of individuals, the electronic civil status database shall transfer information as specified under Points b, c, d, dd and e Clause 2 Article 10 of this Decree to nation population database for update.

3. National population database shall provide information as specified under Clause 3 Article 10 of this Decree to the electronic civil status database at request of civil registration and management agencies from the common civil registration and management software via data sharing services.

4. Ministry of Justice and Ministry of Public Security are responsible for guiding agencies managing national population agencies and agencies managing the electronic civil status database to examine, verify and ensure consistency of information in both databases, ensure that documents of individuals related to birth registration information must conform to birth registration of the individuals as specified under Clause 3 Article 14 of Law on Civil Status.

Chapter III

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Article 12. Receipt and processing applications for online civil status registration

1. Persons applying for online civil registration shall access the national public service portal or provincial public service portal to create accounts and authenticate users according to instruction. After successfully logging in, applicants shall provide information using interactive electronic forms, attach photos or copies of documents as prescribed; submit fees and charges via online payment functions or via other methods as per the law.

2. After submitting the application, applicants shall be given 1 administrative procedure code to monitor and look up progress of the application or to access to finalize the application at request of civil registration agencies.

Applicants are responsible for storing and keeping the administrative procedure code in secret.

3. Upon receiving applications for online civil registration, competent civil registration agencies are responsible for examining adequacy and legitimacy of the applications within the working day:

a) In case of inadequate applications, request the applicants to submit necessary documents;

b) In case of adequate applications, receive and provide result date notice via email or phone messages for the applicants;

c) An application for civil registration shall be officially received for processing on online civil registration software only when it is adequate as per the law and fees and charges have been fully submitted as per the law.

Duration of processing administrative procedures shall begin from the date on which result date notice is issued or result date messages are sent to the applicants.

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4. Applicants shall receive civil registration results via any of following means:

a) Electronic form via emails and electronic data storage of the applicants;

b) Electronic form which is sent to digital devices via appropriate data transmission methods to ensure information safety and security;

c) Physical form via postal service;

d) Physical form at civil registration agencies.

In case of receiving via postal service, specify address, choose guaranteed delivery method and pay service fees for postal service providers upon receiving the results.

5. With respect to civil status affairs in which applicants are mandated by the law to be present at civil registration agencies to sign in civil registers and receive results that are: birth registration; marriage registration; guardians; acknowledgement of parents, child/children; revision or changes to civil status, re-verification of ethnic group; declaration of death, civil registration applicants shall receive results only in form specified under Point d Clause 4 of this Article. Upon receiving civil registration results at civil registration agencies, applicants must submit and/or present documents that are parts of civil registration application according to civil status laws.

With respect to civil status affairs in which applicants are not required to be present at civil registration agencies to sign in civil registers and receive results but are required to submit documents that are parts of civil registration application according to civil status laws, including: verification of civil status information; recording of birth registration, marriage, divorce, marriage annulment, guardians, acknowledgement of parent(s), child/children, adoption of child/children, revision of civil status and declaration of death of Vietnamese nationals which have been processed by overseas competent agencies, applicants may choose to receive results via any means specified under Clause 4 of this Article but must submit documents as mandated before receiving the results.

In case of submission of copies or presentation of documents that are not personal identification documents of the applicants and in electronic forms or stored in the electronic civil status database, the submission and presentation is not required.

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Article 13. Issuance of copies of civil status excerpt from electronic civil status database and verification of civil status information

1. Competent agencies specified under Clauses 1, 2, 3 and 4 Article 8 of this Decree shall issue copies of civil status excerpts at request of individuals regardless where civil registration is performed and residence of the applicants.

2. Competent agencies specified under Clauses 2, 3 and 4 Article 8 of this Decree shall issue verification of civil status information in case of individuals wishing to extract information from multiple civil registration affairs or verify their varying civil status information or agencies and organizations requesting to extract varying civil status information of an individual or extract civil status information of multiple individuals.

3. Applicants for verification of civil status information must provide information using interactive electronic forms and attach electronic copies or photos of documents related to the subject of verification in case of online application.

In case of submission at civil registration agencies or via postal service, submit application for verification of civil status information using premade forms, present master registers or verified true copies of documents related to the subjects of verification.

Within 3 working days from the date on which applications are received, competent civil registration and management agencies shall appraise the applications and compare information on the electronic civil status database, if applied information is correct, issue documents verifying civil status information and returning to the applicants. In case of examination and verification, the period may be extended but no longer than 10 working days.

Article 14. Record of civil registration figures

1. Civil registration and management agencies shall record civil registration figures collected from the electronic civil status database via common civil registration and management software to serve management operations.

2. In case agencies and organizations request figures regarding civil registration to serve state management operations, submit applications to competent civil registration and management agencies specified under Clauses 2, 3 and 4 Article 8 of this Decree.

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1. Civil registers shall be used for subsequent years of registration until every number has been registered. If the number in a book has been fully registered while the year has not ended, officials working in civil status affairs shall conclude as specified under Clause 3 Article 11 of Decree No. 123/2015/ND-CP dated November 15, 2015 of Government on elaborating to Law on Civil Status.

2. In case civil registration which changes civil status information of individuals is not performed in the previous civil registration agencies, after updating in the civil registers as specified under this Decree, the new civil registration agencies are responsible for informing the previous civil registration agencies to record the changes to respective civil registers.

Chapter IV

STATE MANAGEMENT FOR ELECTRONIC CIVIL STATUS DATABASE

Article 16. Responsibilities of agencies managing electronic civil status database

1. Agencies managing electronic civil status database within their competence are responsible for:

a) ensuring information infrastructure and relevant equipment to guarantee continuous, stable and coherent operations of electronic civil status database;

b) implementing measures to ensure physical, environmental safety, social order and safety at areas and offices where equipment and data serving operation of electronic civil status database is stored;

c) periodically examining and proposing methods of upgrading and developing information technology infrastructure serving extraction and use of electronic civil status database satisfactory to practical demands in each agency.

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a) adopting measures to ensure cyber security and information system safety for electronic civil status database;

b) adopting measures to backup, maintain and repair, prepare backup equipment to guarantee that computer system, network, equipment, software and application are capable of serving continuous operations of the electronic civil status database and ensure ability to restore the system and not be interrupted due to technical difficulties;

c) issuing and organizing implementation of regulations on extraction and use of electronic civil status database to ensure effective and legal connection and data sharing of electronic civil status database.

Article 17. Management of user account

1. Ministry of Justice shall manage user accounts throughout the systems; issue, revoke and change accounts, decentralize access to common civil registration and management system for users in Ministry of Justice, Ministry of Foreign Affairs and Departments of Justice.

2. Ministry of Foreign Affairs shall manage accounts, issue, revoke and change accounts of users who are members of diplomatic missions and consular posts assigned to perform civil status related affairs for representative missions as assigned by Ministry of Justice.

3. Departments of Justice shall manage accounts, issue, revoke and change accounts of users who are civil status officials in Justice Agencies, People’s Committees of communes, wards and towns eligible as specified under Article 72 of Law on Civil Status at request of Justice Agencies.

4. Heads of agencies and entities issued with accounts are responsible for managing accounts in their agencies and entities.

5. Users issued with accounts are responsible for securing account information according to regulations and law on information safety; in case of suspicion or discovery of disclosure of account information, immediately contact competent agencies capable of managing account for solution,

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1. Electronic civil status database shall be backed up regularly, continuously while keeping up-to-date and maintaining data integrity.

2. If necessary, Ministry of Justice shall use electronic civil status database which has been backed up to recover data for another electronic civil status database and information for relevant civil registration agencies to examine, inspect, add and revise to ensure data consistency.

3. Ministry of Justice is responsible for identifying safety level of information system for electronic civil status database, adopting measures to ensure safety of information system satisfactory to the safety level according to regulations and law on cyberinformation security

Article 19. Responsibilities for state management of Ministry of Justice

Ministry of Justice shall perform direct state management for electronic civil status database and have following tasks and powers:

1. Requesting the Government to issue or issuing within their competence legislative documents on electronic civil status database; documents guiding development, extraction, use, connection and sharing data with electronic civil status database.

2. Developing, managing and maintaining electronic civil status database; ensuring technical infrastructure serving electronic civil status database to ensure continuous and stable operations satisfying Article 4 of this Decree.

3. Developing and requesting the Government to consider and approve, considering or approving within their competence upgrade and development of electronic civil status database.

4. Guiding, training and improving administration, extraction and use of electronic civil status database.

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6. Connecting and sharing digital data between electronic civil status database and national databases and other databases of ministries and local governments as per the law.

7. Issuing copies of civil status excerpts, verifying civil status information within their competence; issuing documents guiding, operating and instructing timely solutions for difficulties related to extraction and use of electronic civil status database for civil registration on a nationwide scale.

8. Rectifying or directing rectification in case of errors on the electronic civil status database.

Article 20. Responsibilities of Ministry of Foreign Affairs

1. Cooperating with Ministry of Justice in performing state management regarding civil status and implementing this Decree in representative missions.

2. Ensuring expenditure, resources and safety conditions for online civil registration in representative missions.

3. Recording civil registration figures in Ministry of Foreign Affairs and representative missions and submitting to Ministry of Justice for consolidation and report to the Government as per the law.

Article 21. Responsibilities of Ministry of Finance

1. Guiding collection, submission, management and use of fees specified under Clause 2 Article 9 of this Decree.

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Article 22. Responsibilities of ministries, ministerial agencies and other central regulatory authorities

1. Ministry of Public Security shall cooperate with Ministry of Justice in ensuring cyber security, connecting and sharing data between electronic civil status database and national population database.

2. Ministry of Information and Communications shall cooperate with Ministry of Justice in ensuring safety, connecting and sharing electronic civil status database.

3. Ministry of Planning and Investment shall cooperate with Ministry of Justice in allocating appropriate funding sources for development of electronic civil status database; extracting and using electronic civil status database, sharing relevant data serving recording affairs and publicizing national and disciplinary statistical indicators regarding birth, death and marriage.

4. Ministries, ministerial agencies and other regulatory agencies shall cooperate with Ministry of Justice in connecting, extracting and using electronic civil status database as per the law; providing information, comparing, examining, and revising civil status information of individuals in databases under management of ministries in case of inconsistency with electronic civil status database; ensuring safety and protecting private life, personal secrets and family secrets as per the law when extracting and using electronic civil status database.

Article 23. Responsibilities of People’s Committees of all levels

1. People’s Committees of provinces and central-affiliated cities are responsible for directing allocation of expenditure for civil registration and management agencies to develop electronic civil status database as specified under this Decree, allocating expenditure on updating, managing, extracting and using electronic civil status database annually.

2. People’s Committees of districts, communes, towns affiliated to provinces and towns affiliated to cities; People’s Committees of communes, wards and townlets shall direct and ensuring equipment, infrastructure and expenditure on developing, updating, extracting and using electronic civil status database under their management.

Chapter V

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Article 24. Transition clauses

1. Local civil registration and management agencies shall use common civil registration and management software in a uniform fashion from the effective date hereof.

2. People’s Committees of all levels are responsible for implementing digitalization, management and extraction of civil status data from physical book; converting and standardizing data from local electronic civil registration software implemented before the effective date hereof and updating electronic civil status database as instructed by Ministry of Justice and finishing before January 1, 2025.

3. Extraction and use of electronic civil status database to perform online civil registration shall be decided by People’s Committees of provinces regarding scope, level and time of implementation depending on practical information infrastructure conditions of each area.

4. Ministry of Justice shall take charge and cooperate with Ministry of Foreign Affairs in upgrading and calibrating common civil registration and management software for uniform implementation in representative missions and Ministry of Foreign Affairs.

5. Ministry of Foreign Affairs shall agree with Ministry of Justice on scope, level and time of implementing common civil registration and management software depending on practical conditions in each representative mission and finishing before January 1, 2022; digitalizing, managing and extracting civil status data from physical books, updating electronic civil status database as instructed by Ministry of Justice and finishing before January 1, 2025.

6. Civil registers initiated before the effective date hereof shall be concluded when number thereof are fully registered, verified true copies, transferred and stored as specified under Clause 1 and Clause 2 Article 12 Decree No. 123/2015/ND-CP.

7. Once electronic civil status database and national population database are brought into uniform operation and application, agencies processing administrative procedures are responsible for connecting with these databases to verify marital status of applicants for administrative procedures without requesting submission of marital status confirmation.

Ministry of Justice shall cooperate with Ministry of Public Security in implementing this Clause in a uniform fashion.

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1. This Decree comes into force from September 15, 2020.

2. Annuls Clause 1 Clause 2 Article 12 Decree No. 123/2015/ND-CP dated November 15, 2015 of the Government.

3. Minister of Justice within their functions, tasks and powers is responsible for organizing implementation, guiding and examining implementation of this Decree.

4. Ministers, heads of ministerial agencies, heads of other central agencies, Chairpersons of Provincial People’s Committees, relevant agencies, organizations and individuals are responsible for the implementation of this Decree./.

PP. GOVERNMENT
PRIME MINISTER




Nguyen Xuan Phuc