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New policy in Vietnam on digital data management, connection and sharing

20:49 | 18/04/2020

The Government has just issued Decree No. 47/2020/ND-CP on management, connection and sharing of digital data of state agencies. The Decree takes effect from 5/25/2020.

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new policy in vietnam on digital data management connection and sharing
Photo: Vietnam Law

This Decree prescribes the activities of management, connection and sharing of digital data of state agencies, including: management and administration of digital data; connection and sharing digital data; usage and exploiting digital data of state agencies; providing open data of state agencies to organizations and individuals; rights and responsibilities in connecting and sharing digital data of state agencies, according to Vietnamnet.

The legal value of data shared in the data message is determined by the legal value of the data message specified in Section 1, Chapter II of the Law on Electronic Transactions and provisions of relevant laws.

General principles of data management, connection and sharing: The data formed in the operation of state agencies is shared to serve the activities of state agencies aiming at serving people and businesses, complying with legal provisions in the creation, management and use of data.

new policy in vietnam on digital data management connection and sharing
Photo: Internet

State agencies must share data with other agencies, organizations and individuals according to the provisions of law; must not collect or organize data collection or request people or enterprises to provide information and data if this data has been provided by other state agencies, ready to provide through connection, data sharing, unless such data does not meet the requirements of quality according to specialized regulations or other provisions of law, reported by Ministry of Justice.

Sharing data between state agencies does not affect the rights and responsibilities of related organizations and individuals, and must not infringe upon the rights of private life, personal secrets and family secrets unless otherwise prescribed by law.

The shared data must ensure updating and accuracy as prescribed by law; data shared among state agencies is free of charge, except for the case of data exploitation and usage on the list specified in the Law on Fees and Charges, according to Vietnamnet.

Data shared by state agencies to organizations and individuals shall comply with the following principles: Organizations and individuals may exploit their own data or data of other organizations and individuals when being organized, that individual accepts, unless otherwise provided for by law. In cases other than the above, data of state agencies shared to organizations and individuals shall comply with the provisions of the Law on Access to Information and current provisions of law.

new policy in vietnam on digital data management connection and sharing
Photo: CEID

The state agencies connecting and sharing data must comply with the following requirements:

- Appoint a staff to act as the focal point in connecting and sharing data; make public phone numbers, email addresses, names and locations, and functions of focal officers in charge. The focal point in charge is responsible for receiving, coordinating and handling data connection and sharing issues of their agencies and units with external agencies.

- Publicize information about the focal point in charge of connecting and sharing data; information on data-sharing readiness and other information to be publicized according to the provisions of this Decree.

- Comply with information security regulations; intellectual property rights regarding data; privacy of organizations and individuals.

- Ensure shared data must be able to send, receive, store and process with digital devices.

- Comply with regulations and technical instructions on data exchange, information technology application in state agencies, and the principles prescribed in Article 5 of this Decree.

- Consistent with the architecture framework of Vietnam e-government.

The Decree also specifies prohibited acts, including: Obstructing the connection and the right to exploit and use data legally of agencies, organizations and individuals; trading, exchanging and sharing data in contravention of law provisions; violating the regulations on intellectual property rights and the right to protect personal information; falsify data while transferring data from data providers to data-mining agencies; destroying information infrastructure, interrupting data connection and sharing, reported by Minsitry of Justice.

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