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THE GOVERNMENT
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 20/2016/ND-CP
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Hanoi, March 30,
2010
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DECREE
PRESCRIBING THE NATIONAL DATABASE ON HANDLING OF
ADMINISTRATIVE VIOLATIONS
Pursuant to the June
19, 2015 Law on Organization of the Government;
Pursuant to the June
20, 2012 Law on Handling of Administrative Violations;
Pursuant to the June
29, 2006 Law on Information Technology;
At the proposal of the
Minister of Justice,
The Government
promulgates the Decree prescribing the national database on handling of
administrative violations.
Chapter
I
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Article
1. Scope of regulation
This Decree prescribes
the establishment, management, exploitation and use of the national database on
handling of administrative violations; and responsibilities of ministries,
ministerial- level agencies, the Supreme People’s Court, People’s Committees of
provinces and centrally run cities (below refereed to as provincial-level
People’s Committees), organizations and individuals in the establishment,
management, exploitation and use of the national database on handling of
administrative violations.
Article
2. Subjects of application
This Decree applies to:
1. Agencies and persons
competent to sanction administrative violations.
2. Agencies executing
decisions to sanction administrative violations.
3. Agencies executing
decisions to enforce decisions to sanction administrative violations.
4. Agencies and persons
competent to decide on application of administrative handling measures.
5. Agencies executing
decisions to apply administrative handling measures.
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7. Other state agencies
and cadres, civil servants and public employees involved in the establishment,
management, exploitation and use of the national database on handling of
administrative violations.
Article
3. Interpretation of terms
In this Decree, the terms
below are construed as follows:
1. Documents on handling
of administrative violations means documents, papers, pictures, images, printed
notes, measurement figures, data stored in the memory of professional technical
equipment and devices that store information on the handling of administrative
violations or application of administrative handling measures.
2. Electronic data on
handling of administrative violations means information in documents on
handling of administrative violations being digitalized.
3. The national database
on handling of administrative violations means a collection of data on handling
of administrative violations that are created, updated, maintained, exploited
and used via electronic equipment to serve the state management of handling of
administrative violations and prevention and combat of law violations.
Article
4. Principles of establishment,
management, exploitation and use of the national database on handling of
administrative violations
1. To comply with the Law
on Handling of Administrative Violations, the Law on Information Technology and
this Decree.
2. To ensure accuracy,
completeness and timeliness.
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4. To exploit and use information
about organizations administratively sanctioned and individuals handled for
administrative violations for proper purposes and ensure its confidentiality.
5. To closely manage and
ensure information safety and security.
Article
5. Funds for the establishment,
management, exploitation and use of the national database on handling of
administrative violations
1. Establishment,
expansion and upgrading of the national database on handling of administrative
violations shall be funded by non-business funding sources and development
investment sources and other lawful funding sources.
2. The management and
updating of information, training for users and maintenance and operation of
the national database on handling of administrative violations by ministries,
ministerial-level agencies and provincial-level People’s Committees shall be
funded by the state, budget according to annual allocation.
Article
6. Prohibited acts
1. Illegally accessing
the national database on handling of administrative violations.
2. Illegally obstructing
or preventing the transmission, sending and receipt of data.
3. Illegally falsifying,
modifying, deleting and destroying data.
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5. Destroying information
technology infrastructure or spreading computer viruses.
6. Using information in
the national database on handling of administrative violations for improper
purposes.
Article
7. Use of information in the national
database on handling of administrative violations
Information in the
national database on handling of administrative violations shall be officially
used for state management of handling of administrative violations and prevention
and combat of law violations.
Chapter
II
ESTABLISHMENT,
MANAGEMENT, EXPLOITATION AND USE OF THE NATIONAL DATABASE ON HANDLING OF
ADMINISTRATIVE VIOLATIONS
Section 1. ESTABLISHMENT,
MANAGEMENT AND MAINTENANCE OF THE NATIONAL DATABASE ON HANDLING OF ADMINISTRATIVE
VIOLATIONS
Article
8. Establishment of the national database
on handling of administrative violations
1. The national database
on handling of administrative violations shall be established in a centralized
and uniform manner for common use nationwide.
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3. The structural design
of the national database on handling of administrative violations must ensure
its expansion and development.
Article
9. Information in the national database on
handling of administrative violations
1. Information on
decision to sanction administrative violations:
a/ Subject sanctioned for
administrative violation:
For an individual
violator: full name; birthdate; personal identification number or people’s
identity card number, police identity card number or military identity card
number or passport number (if any); gender.
For an institutional
violator: name of organization; address of head office; identification number
(for enterprises) or investment registration certificate number/business
registration certificate number; establishment license number/operation
registration certificate number (for other organizations); full name of at-law
representative or owner of enterprise or head of organization;
b/ Number and date of
issuance of decision to sanction administrative violation;
c/ Act of violation; form
of sanction, sanctioning level; and consequence remedy (if any);
d/ Agency of person
competent to sanction administrative violations; title of person issuing
decision to sanction administrative violation.
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a/ Postponement of execution
of decision on fine; suspension of execution of decision to sanction
administrative violation; termination of sanction or amendment, supplementation
or cancellation of decision to sanction administrative violation (if any);
b/ Fine reduction or exemption; payment of fine in
installments (paid fine amount and unpaid fine amount, if any);
c/ Enforcement of
decision to sanction administrative violation (if any);
d/ Time of complete
serving of decision to sanction administrative violation;
dd/ Complaint and lawsuit
about decision to sanction administrative violation (if any).
3. Information on
application of administration handling measure:
a/ Full name of violator;
birthdate; personal identification number or people’s identity card number or
passport number (if any); gender;
b/ Number and date of
issuance of decision to apply administrative handling measure;
c/ Act of violation;
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dd/ Time limit for
application;
e/ Postponement or exemption;
reduction of duration, suspension of or exemption from serving of consignment
decision for remaining duration in reformatory, compulsory education
institution or compulsory detoxification establishment;
g/ Time of complete
serving of decision to apply administrative handling measure;
h/ Agency or agency of
person competent to decide on application of administrative handling measure;
i/ Complaint, lawsuit, petition about and protest against
decision to apply administrative handling measure (if any).
4. Information on
application of management at home:
a/ Full name of minor;
birthdate; personal identification number, people’s identity card number or
passport number (if any); gender;
b/ Number and date of
issuance of decision to apply management at home;
c/ Reason for application
of management at home;
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dd/ Name of organization
and individual participating in supervision;
e/ Time of termination of
application of management at home (if any); reason for termination; and
subsequent handling measure;
g/ Time of complete
serving of decision to apply management at home;
h/ Agency of person
competent to apply management at home; title of person issuing decision to
apply management at home;
i/ Complaint and lawsuit about decision to apply management at
home (if any).
Article
10. Responsibilities for provision,
receipt and update of information on handling of administrative violations
1. Agencies of persons
competent to sanction administrative violations, agencies executing sanctioning
decisions, agencies executing enforcement decisions and agencies deciding to
apply administrative handling measures shall provide and update information on
their handling of administrative violations for the national database on
handling of administrative violations.
2. Based on the practical
situation, the agencies specified in Clause 1 of this Decree shall assign
persons or establish sections to receive and update information on handling of
administrative violations from persons competent to handle administrative
violations.
3. Process of provision
and receipt of information on handling of administrative violations:
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In difficult-to-access
deep-lying, remote, border or mountainous areas, or in case sanctions are
imposed at sea or outside administrative working hours, persons competent to
sanction violations shall provide information to their information updating and
receipt sections within 2 (two) working days after remitting collected fine
amounts at the State Treasury or into the State Treasury account;
b/ Information updating
and receipt sections shall check information on handling of administrative
violations, ensuring the accuracy and integrity of received documents within
the scope of their responsibility in order to avoid update of overlapping
information and documents
In case the information
is insufficient or unclear, they shall request information-providing agencies
specified at Point a, Clause 3 of this Article to add or clarify information.
4. New information on
handling of administrative violations shall be input into the national database
on handling of administrative violations as follows:
a/ Within 1 (one) working
day after receiving decisions to sanction administrative violations or
decisions to apply administrative handling measures, information updating and
receipt sections of the agencies specified in Clause 2 of this Decree shall
digitalize input information according to the form and input the information
specified in Clause 1; at Points a, b, c, d, dd and h, Clause 3; Points a, b,
c, d, dd and h, Clause 4, Article 9, of this Decree into the national database
on handling of administrative violations;
b/ Checking the contents
specified at Point a of this Clause before accepting such information for the
national database on handling of administrative violations.
5. Information on
handling of administrative violations in the national database on handling of
administrative violations shall be updated as follows:
a/ Within 1 (one) working
day after receiving information specified in Clause 2; at Points e, g and i,
Clause 3; and Points e, g and i, Clause 4, Article 9 of this Decree, information
updating and receipt sections of the agencies specified in Clause 2 of this
Decree shall digitalize input information according to the form and update such
information into the national database on handling of administrative
violations.
b/ Checking the contents
specified at Point a of this Clause before accepting such information for the
national database on handling of administrative violations.
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Article
11. Correction, supplementation and
modification of information in the national database on handling of
administrative violations
1. Data in the national
database on handling of administrative violations shall be corrected or
supplemented when detecting incorrect or insufficient information.
Heads of the agencies
specified in Clause 1, Article 10 of this Decree may decide on correction or
supplementation of information provided by their agencies to the national
database on handling of administrative violations.
2. Data in the national
database on handling of administrative violations shall be modified when having
grounds to determine that there are differences between electronic data on
handling of administrative violations and dossiers and documents on handling of
administrative violations archived under the law on archives.
The agencies specified in
Clause 1, Article 10 of this Decree shall trace the original information in its
archived document in order to determine accurate information, and modify such
information on their own or propose the agency managing the database on
handling of administrative violations to modify it under regulations.
Article
12. Storage of electronic data on handling
of administrative violations
Electronic data on
handling of administrative violations shall be stored permanently, except
information on subjects handled for administrative violations specified at
Point a, Clauses 1, 3 and 4, Article 9 of this Decree that have undergone the
period after which they are regarded as having never been administratively
handled under Articles 7 and 137 of the Law on Handling of Administrative
Violations.
Article
13. Assurance of safety of the national
database on handling of administrative violations
1. To use encrypted
channels and user authentication in the following operations: login to the
system administration, login to applications, automatic sending and receipt of
data between servers, data input and editing.
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3. To take measures to
ensure the authenticity and protect the integrity of data in the national database
on handling of administrative violations.
4. To keep trace of the
creation, modification and deletion of data to serve the management and
supervision of the system.
5. To take other necessary
measures to ensure safety of the national database on handling of
administrative violations
Article
14. Management of administrator accounts
in the national database on handling of administrative violations
The Ministry of Justice
shall manage administrator accounts in the national database on handling of
administrative violations as follows:
1. Issuing and
withdrawing administrator accounts in the national database on handling of
administrative violations.
2. Limiting, reviewing
and checking agencies’ or authorized persons’ right to administrate the
national database on handling of administrative violations.
Article
15. Maintenance, upgrading and development
of the national database on handling of administrative violations
1. The Ministry of Justice
shall maintain the national database on handling of administrative violations
as follows:
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b/ Taking measures to
ensure physical and environmental safety at the electronic data center of the
national database on handling of administrative
violations;
c/ Taking measures to
back up information in order to ensure troubleshooting and data restoration when
occur problems due to natural disaster or illegal falsification, modification,
deletion or destruction of data;
d/ Taking maintenance and
repair measures to ensure round-the-clock operation of the national database on
handling of administrative violations.
2. The Ministry of
Justice shall periodically review and propose plans for upgrading and
development of technical infrastructure and software of the national database
on handling of administrative violations.
Section 2. EXPLOITATION AND
USE OF THE NATIONAL DATABASE OF HANDLING OF ADMINISTRATIVE VIOLATIONS
Article
16. Exploitation and use of the national
database on handling of administrative violations
1. Exploitation and use
of the national database on handling of administrative violations may be in the
following forms:
a/ Connecting via
computer system with the national database on handling of administrative
violations;
b/ Searching online
information on the e-portal designated by the Ministry of Justice;
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2. Subjects eligible to
exploit and use the national database on handling of administrative violations
include:
a/ The subjects defined
in Article 2 of this Decrees;
b/ Other state agencies,
officials, civil servants and public employees directly related to the handling
of administrative violations;
c/ State power agencies
performing the function of overseeing the handling of administrative violations
shall be entitled to request and be provided with information to serve their
oversight activities in accordance with law;
d/ Sanctioned
organizations and handled individuals may be provided with information on the
handling of their administrative violations if they make a written request and
pay a charge under regulations.
3. The Ministry of
Justice shall stipulate in detail the exploitation and use of the national
database on handling of administrative violations.
Article
17. Connection with other national
databases
The national database on
handling of administrative violations shall be connected with:
1. The national
population database under the managing agency’s guidance for use of original
information on citizens.
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3. The national law
database for use of information on legal documents on handling of
administrative violations.
Article 18. Connection,
data integration and information access in the national database on handling of
administrative violations
1. Principles of
connection, data integration and information access in the national database on
handling of administrative violations
a/ The agency managing
the national database on handling of administrative violations may allow
information access to specialized databases that have been connected with the national
database on handling of administrative violations for performing assigned
functions, tasks and powers;
b/ Other specialized
databases that use data on handling of administrative violations must, when
they are upgraded or established, ensure connection and data integration with
the national database on handling of administrative violations;
c/ Connection, data
integration and information access in the national database on handling of
administrative violations shall be carried out according to technical standards
on information technology application in state agencies.
2. Procedures for
connection, data integration and information access in the national database on
handling of administrative violations:
a/ Heads of agencies managing
specialized databases shall send written requests for connection, data
integration and information access in the national database on handling of
administrative violations to the Ministry of Justice. Such a request must state
the assigned functions, tasks and powers, the scope and mode of connection and
data integration, and purpose and number of information fields to be accessed;
b/ The Minister of
Justice shall decide the mode of connection and data integration and the number
of information fields to be shared between the national database on handling of
administrative violations and specialized databases according to the ambit of
functions, tasks and powers of agencies managing specialized databases.
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RESPONSIBILITIES
FOR ESTABLISHMENT, MANAGEMENT, EXPLOITATION AND USE OF THE NATIONAL DATABASE OF
HANDLING OF ADMINISTRATIVE VIOLATIONS
Article
19. Responsibilities of the Ministry of
Justice for establishment, management, exploitation and use of the national database
on handling of administrative violations
1. The Ministry of
Justice shall take responsibility before the Government for the establishment,
management, exploitation and use of the national database on handling of
administrative violations, and has the following tasks and powers:
a/ To submit to the
Government for promulgation or promulgate according to its competence legal
documents on the national database on handling of administrative violations;
b/ To establish, manage
and maintain the national database on handling of administrative violations and
ensure technical infrastructure for the stable and uninterrupted operation of
the national database on handling of administrative violations;
c/ To propose and submit
to the Prime Minister for determination and approval or approve according to
its competence the expansion, upgrading and development of the national
database on handling of administrative violations;
d/ To provide uniform
guidance on the process of provision, receipt and update of information,
exploitation and use of the national database oh handling of administrative
violations;
dd/ To ensure adequate
physical foundations and manpower for the establishment, management and
maintenance of the national database on handling of administrative violations;
e/ To train and guide
skills of information update and exploitation and use of the national database
on handling of administrative violations for officials and civil servants of
the agencies specified in Clause 1, Article 10 of this Decree; to train and
guide skills of exploitation and use of the national database on handling of
administrative violations for officials and civil servants of the agencies
specified in Clauses 6 and 7, Article 2 of this Decree;
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h/ To perform other tasks
assigned by the Government.
2. The Ministry of
Justice’s agency managing the national database on handling of administrative
violations shall assume the prime responsibility for, and coordinate with
related agencies and units in, assisting the Minister of Justice in performing
the tasks and exercising the powers specified in Clause 1 of this Article.
Article 20. Responsibilities of ministries and ministerial-level
agencies for establishment, management, exploitation and use of the national
database on handling of administrative violations
1. Within the ambit of
their functions and tasks, ministries and ministerial-level agencies have the
following tasks and powers:
a/ To direct the update
of information and take responsibility for the accuracy and completeness of
information and data; to ensure safe connection and data integration with the
national database on handling of administrative violations;
b/ To assume the prime
responsibility for, or coordinate with the Ministry of Justice in, training
information provision, receipt and update skills for officials and civil
servants of the agencies specified in Clause 1, Article 10 of this Decree
within the scope of their management, and skills of exploitation and use of the
national database on handling of administrative violations for officials and
civil servants of agencies specified in Clauses 6 and 7, Article 2 of this
Decree;
c/ To ensure adequate
physical foundations and manpower for coordination in the establishment,
management and maintenance of the national database on handling of
administrative violations;
d/ To ensure safety of granted administrator accounts of the
national database on handling of administrative violations.
2. The Ministry of
Finance shall ensure funds for the update of information, training for users,
and maintenance and operation of the national database on handling of
administrative violations in ministries and ministerial-level agencies.
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4. The Ministry of Public
Security shall coordinate with the Ministry of Justice in connecting the
national population database with the national database on handling of
administrative violations.
5. The Ministry of
Information and Communications shall establish an information system as a focal
point for connecting with and assisting access to the national database on
handling of administrative violations.
Article 21.
Responsibilities of the Supreme People’s Court for the establishment, management,
exploitation and use of the national database on handling of administrative
violations under the Law on Handling of Administrative Violations
Within the ambit of its
tasks and powers, the Supreme People’s Court shall:
1. Provide information on
the handling of administrative violations specified in Clause 4, Article 17 of
the Law on Handling of Administrative Violations.
2. Direct people’s courts
at all levels in providing information on the handling of administrative
violations specified in Clause 6, Article 17 of the Law on Handling of
Administrative Violations.
3. Direct the update of
information and ensure the accuracy and completeness of information and data;
ensure safe connection and data integration with the national database on
handling of administrative violations.
4. Ensure safety of
granted administrator accounts of the national database on handling of
administrative violations.
5. Assume the prime
responsibility for, and coordinate with the Government in, promulgating
according to its competence legal documents on the management, exploitation -
and use of the national database on handling of administrative violations.
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Within the ambit of their
functions and tasks, provincial-level People’s Committees have the following
tasks and powers:
1. To direct the update
of information and take responsibility for the accuracy and completeness of
information and data; to ensure safe connection and data integration with the
national database on handling of administrative violations.
2. To assume the prime
responsibility for, or coordinate with the Ministry of Justice in, training
information provision, receipt and update skills for officials and civil
servants of the agencies specified in Clause 1, Article 10 of this Decree in
their localities and skills of exploitation and use of the national database on
handling of administrative violations for officials and civil servants of the
agencies specified in Clauses 6 and 7, Article 2 of this Decree in their
localities;
3. To ensure safety of
granted administrator account of the national database on handling of administrative
violations.
4. To allocate regular
funds for operation of the national database on handling of administrative
violations and ensure physical foundations and manpower for coordination in the
establishment, management and maintenance of the national database on handling
of administrative violations.
5. To ensure funds for
update of information, training for users, and maintenance and operation of the
national database on handling of administrative violations at agencies and
units in their localities.
Article
23. Responsibilities of state management
agencies and individuals for provision and update of information in the
national database on handling of administrative violations
1. To comply with this
Decree and the Minister of Justice’s guidance on provision, receipt and update
of information in the national database on handling of administrative
violations.
2. To ensure the
completeness, accuracy and timeliness of updated information; to promptly
correct and supplement information in the national database on handling of
administrative violations under Articles 9, 10 and 11 of this Decree.
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1. To comply with this
Decree and the Minister of Justice’s guidance on exploitation and use of the
national database on handling of administrative violations.
2. To use information in
the national database on handling of administrative violations for proper
purposes, serving state management of the handling of administrative violations
and prevention and combat of law violations.
Chapter
IV
IMPLEMENTATION
PROVISIONS
Article
25. Effect
This Decree takes effect
on May 15, 2016.
Article
26. Implementation responsibilities
1. The Minister of
Justice shall, within the ambit of his/her functions, tasks and powers,
organize, guide, inspect and urge the implementation of this Decree.
2. Ministers, heads of
ministerial-level agencies, heads of government-attached agencies, chairpersons
of provincial-level People’s Committees and related agencies shall implement
this Decree.-
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ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung