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The Decree 52/2015/nd-Cp: National Database Of Law

Original Language Title: Nghị định 52/2015/NĐ-CP: Cơ sở dữ liệu quốc gia về pháp luật

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THE GOVERNMENT.
Numbers: 52 /2015/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, May 28, 2015

DECREE

National database of law.

____________

Government Law Base December 25, 2001;

Information technology base on June 29, 2006;

The Common Law Base, law education on June 20, 2012;

On the recommendation of the Minister of Justice,

The government enacted the National Database Protocol on the law.

Chapter I

COMMON RULES

What? 1. The adjustment range

The decree provides for the construction, management, maintenance, update, exploitation and use of the National Database on the law; the responsibility of the Ministry, the peer-to-peer agency, the other state agency in the Central (including the Supreme People ' s Court, the Institute of Control). The Supreme People, the State Auditor, the Provincial People's Committee, the Central Committee of the Central Committee (later called the Provincial People's Committee) in building, managing, maintaining, updating, exploiting and using the National Database of France. the law.

Second.

1. The national database of law is the collection of statutes of legal law and the unified text of the rule of law (the following is the abbreviation text) in the form of electronic text administered by the United Government, which includes the database of data. component: The Central Law Office of the Central Law and the Local Law Office Database.

2. The national database of unified construction legislation, which is used in general across the country to provide accurate, timely writing serves the need for state management, universal law enforcement, research, learning, application, and implementation of the law. The law of the agency, the organization, the individual.

What? 3. Text of the text on the National Database on Legal Law

1. Text on the National Database of the law:

a) The text of the rule of law issued by the state authority in the Central Committee or in coordination of the enacted and written coordination of the law by the People's Council, the Committee of the People's Committee of the provinces issued by the Law of the Executive Committee of the Law of the Law;

b) The merged text of the rule of law (which then calls off the merged text).

2. The basic information of the text of the rule of law:

a) Number, notation, weakness, text content, type of text, executive body, surname and the name of the ensignor, the name of the executive sign, the board date, the effective date, the state of effect;

b) The relevant text of the text as the original legal base and the written text are referenced in the text;

c) The process of changing the effect of the text;

d) Other required information (if any).

3. Basic Information of the merged text:

a) Number, sign, critical, text, text, text, identity, identity, identity, identity, and the name of the authenticated signor, the date of the true sign;

b) The text is modified, added and written modified, complementary;

c) Other needed information (if any).

What? 4. Use of text on the National Database on Legal Law

The national database of law is used officially in the administration of state, universal law, research, understanding, application, and law enforcement.

What? 5. The funding guarantees the construction, management, maintenance, text update on the National Database on the Law of the United States.

1. The investment funding building National Data Facility on legislation is secured from a state budget source and other legal funding sources according to the law.

2. The funding of carrying out management, maintenance, text updates on the National Database of Law for the Ministry, peer-to-peer agency, the other agency in the Central; the agency, the local state unit due to the state budget secured by the hierarchy.

What? 6. Serious offenses

1. sabotage the system of information infrastructure or obstruct the operation process, maintenance of stability, the National Database's continuity of law.

2. illegal access to conduct misbehavior, change, deletion, data destruction on the National Database of Law.

Chapter II

BUILD, MANAGE, MAINTAIN, UPDATE, EXPLOIT AND USE YOUR OWN TEXT.

ON THE BASIS OF NATIONAL DATA ON LAW

Item 1

CONSTRUCTION, MANAGEMENT AND MAINTENANCE OF THE NATIONAL DATABASE ON LEGAL LAW.

What? 7. The principle of construction, management and maintenance of the National Database on Legal Law

1. The national database of centralization legislation, unified.

2. The national database of law is tightly managed, secure, long-term storage.

3. The national database of law is maintained continuously, stabilisable, through the response to the requirements of exploiting and using the text of the agencies, organizations, individuals.

What? 8. Build the National Database on Legal Law

1. The construction of the National Database on the Law must guarantee:

a) In accordance with the national information system architecture, the standard response to databases and standards, technical regulation, information technology, and economic-engineering;

b) compatibility, integration capabilities, information sharing, and ability to expand data fields in system design and application software.

2. The National Database Structure Design on the Law must secure the expansion and development.

What? 9. Operate, maintenance, surveillance, upgrade, National Database development on the law of the United States.

1. Secure the information infrastructure system, relevant devices and the environment for the installation, the operation of the National Database on the Law.

2. Implemendation of physical safety and environmental safety measures at the Electronic Data Center. There's operational control, into this area.

3. Make backup measures to ensure the ability to restore the system when the incident occurs. Backup data must be safely protected, periodically testing and recovery system testing from backup data to be ready for use when needed.

4. Practice of maintenance, maintenance, repair to ensure the National Database of law operates 24 hours in all days.

5. Do the monitoring operation to alert the conduct of the National Database safety breaches of the law.

6. Make periodic review, propose an upgrade, develop hardware infrastructure, software of the National Database on law to suit the actual needs.

What? 10. Secure the National Database Safety Database

1. Use the coding channel and user authentication for the following activities: Log in to the system administration; log in to the applications; send automatic data between the servers; enter and edit the data.

2. encrypt the National Database on the law.

3. Apply authentication measures to authenticate and protect the integrity of the data in the National Database of Law.

4. Perform the creation of the creation, change, delete of data information to serve for the management, monitoring of the system.

5. Set up and maintain the backup system in order to ensure the system of continuous operation.

6. Take other necessary measures to secure the National Database Safety Database.

What? 11. Administrative Account Management National database of law.

The Justice Department performs administrative account management as follows:

1. Level, revoking the National Database administration account of the law;

2. Deliver the administration for each component database;

3. Limit, sweep, check the national database administrator rights on the law of the devolve.

Item 2

UPDATE TEXT ON THE NATIONAL DATABASE ON THE LAW OF LAW

What? 12. Text Update Principles

1. The updated text must guarantee the accuracy, timely, complete and complete.

2. Use the electronic signature to validate the content of the text when updating the text on the National Database of the Laws.

3. Do not post text in a text category, state secret document or specified text that is not publicly posted online.

What? 13. Text update responsibility

1. The responsibility to update the text of the rule of law:

a) The Minister, the Prime Minister of China, and the Prime Minister of the other state office in the Central Committee are responsible for the implementation of the promulgation of the rule of law which is enacted or presided over.

For written or coordinated Congressional documents that are not due to ministries, peer agencies, other state agencies in the Central Committee for the drafting and writing of the President of the country, the Minister of Justice of the Ministry of Justice performs an update;

b) The chairperson of the Provincial People's Committee is responsible for the implementation of the implementation of the legislation which has been enacted by the People's Board and the People's Committee of the Provincial People's Committee.

2. The responsibility to update the merged text:

a) The Minister, the Chief Minister of China, and the Prime Minister of the other state, is responsible for the implementation of the United Kingdom's most authoritated text of the united states, under the provisions of the law of the merger of the law.

b) Minister, peer agency chief and other agency Chief Minister in the Central Committee responsible for organizing the implementation of the integration of the United Parliament, the Standing Committee of the National Assembly, by which he presided over the drafting;

c) For the merged text not of the updated responsibility of the regulatory bodies at point a, b paragraph 2 This is the Minister of Justice for the implementation of the update.

3. For the Ministry, the peer-to-peer agency, the other state agency in the Central Division is split, the merger is the responsibility to update the text that is done as follows:

a) In the case of a divided body into many new organs, the new agency is responsible for updating the text due to the agency prior to the division of its management field;

b) In the case of multiple mergers of mergers into a new agency, the new agency is responsible for implementing the text update of the agencies prior to the initial merger.

4. For the province, the Central City of Central (collectively known as the province) has administrative status adjustments, the update of the text is done as follows:

a) In case a province is divided into several new provinces, the new Provincial Committee on the Provincial Committee of the Provincial Committee of the Provincial Committee before being split was responsible for updating the text of the People's Council and the Provincial People's Committee before being arrested. Split up.

b) In the event that many provinces merged into a new province, the new Provincial People's Committee was responsible for updating the text of the People's Assembly and the Provincial People's Committee before the merger.

5. The legislation that helps the Minister, the head of the peer-to-peer agency, the Justice Department helps the Chairman of the Provincial People ' s Committee to implement the update of the text.

6. For the agency with no legal organization, the head of the agency will be assigned to the subordinated unit that performs the update of the text.

What? 14. Text Update Process

1. The update of the text is done according to the process as follows:

a) Use the text itself to perform the update;

b) Check, the electronic text reference to the text itself, to ensure the correct, complete, complete integrity of the text content;

c) Progress update on the specified text information at paragraph 2, paragraph 3 Article 3 of this decree;

d) Text attachment:

The attached text format is made in accordance with the Technical Standards category on the application of information technology in the state agency issued by the Ministry of Information and Communications. One of these text formats must use the electronic signature to validate the content integrity of the text;

) Browse for a text download.

2. The agency is responsible for updating the text using the resulting text-to-rule text sweeping results in the Digital Protocol. 16 /2013/ND-CP June 6, 2013 of the Government of the United States, on the June 6, 2013 Government of the United States of Control, the Cultural System, which regulates the law to meet, update the information of the text on the National Database on the Law.

Number 15. Check text update results

1. The examination of the text on the National Database of the law is conducted to detect and correct the flaws of the electronic text from the text itself.

2. Content Test

Use the text itself to test the information that is displayed in accordance with paragraph 2, paragraph 3 of this decree.

3. Audit Responsibility

a) The body responsible for implementation of the specified text update at Terms 13 of this decree is responsible for examining the results of the text update.

b) The test is performed regularly, the time taken by the ministries, the peer agency, the other state authority in the Central, the Provincial People ' s Committee stipulated on the principle of reassuring accuracy, timely and timely text of the text. posted.

What? 16. Text Supply deadline

1. In a 2 day period of work, since the date of publication or the issue of the executive order to the law of law, since the date of the confirmation of the merger, the unit helps the Minister, the head of the peer agency, the Chief Minister of State at the time. Central, the Chairman of the Provincial People's Committee presiding over the text must submit the text and text of the text to the unit that performs the update of the text.

2. The following laws that rule the law below must be sent right to the unit that performs the update of the text in the day of publication or signing:

a) The text of regulation of the practices in the state of emergency, the text issued in time to meet the requirements of the chamber, the anti-disaster, the disease according to the provisions of the law promulgation of the law.

b) The text is in effect since the date of publication or the date of the issue.

What? 17. Text registration deadline

1. In the 15-day period of work, since the date of receiving the prescribed text at paragraph 1 Article 16 of this decree, the unit makes the text update to post the text on the National Database on the law.

2. In a 2-day period of work, since the date of receiving the prescribed text at paragraph 2 Article 16 of this decree, the unit makes the text update to be published on the National Database of the law.

Section 3

EXPLOITATION, USING TEXT ON THE BASIS OF NATIONAL DATA ON THE LAW

What? 18. The principle of exploitation, use of text

1. The national database of law must guarantee the right to access, exploit, use the text of the organization, the individual; ensure the search, exploitation of the text is conveniated.

2. The agencies, organizations, individuals are entitled to exploit, use the free text on the National Database of the Law.

What? 19. The responsibility of the agencies, organizations, individuals on exploitation, use of the text.

1. Compact the current law enforcement regulations on the use of information on the network.

2. Compact on the regulations on mining and use of text on the National Database of Law.

3. Recommend the timely announcement of the error of the text being posted so that the text update agency is engaged. In the case of the operator, the undetermined use of the agency's implementation of the update, it is reported to the Department of Justice to ask the agency to make an update to the text of the text.

What? 20. Text Ensign

1. When detected or received notice of the difference between the information at paragraph 2, paragraph 3 Article 3 of this Decree with the text itself, the update agency must perform the text correction.

2. The correction of the text must be done in time and not more than 1 day of work, since the discovery or receiving notice.

3. After conducting a text correction, the agency updates the text to publicly announce the attached content on the National Database on the Law.

What? 21. Extraction, connection, integration of the National Database on Legal Law

1. Trang or text Section of the rule of law on the Gateway of the Electronic Information Page of the Ministry, peer-to-peer agency, the other agency in the Central Committee, the Provincial People's Committee must carry out extracts from the National Database of the Law.

2. Other specialized specialized databases that use text when implementing a new upgrade or construction must guarantee connectivity, integration with the National Database of Law.

3. The information technology unit of the ministries, peer agencies, the other state authority in the Central Committee, the Provincial People's Committee is responsible for the implementation of the work stipulated at paragraph 1 and paragraph 2 This.

4. The connection, the exchange of documents between the National Database on the Law and other information systems that use other text performs in accordance with the relevant technical guidelines between the writing and operating management systems in the state agency.

Chapter III

THE RESPONSIBILITY OF THE STATE AGENCIES

FOR THE NATIONAL DATABASE OF LAW

What? 22. Justice Department Responsibility

1. Help the Government to manage the state for the National Database on the Law and on the mandate, the following powers:

a) The Government of the Government issued or issued under the jurisdiction of the copyright law of the National Database on the Law;

b) Build, manage and maintain the National Database on the law; ensure the technical infrastructure conditions serve the National Database on continuous, stable, operational laws;

c) Build and submit the Government to review, approve or review, approve under the authorship of the upgrade, development of the National Database on the Law;

d) Instructions, training, professional editing, updates, approvals, text checks on the National Database of Law;

Watch, check, ask for the update on the National Database on the Law;

e) Recommend the text of the text of the text to be published when there is a mistake.

2. Bureau of Information Technology Bureau of the Justice Department, which helps the Department of Justice to carry out a mission to administer the state to the National Database on the Law.

What? 23. The responsibility of the Ministry, the peer agency, the other state authority in Central

1. Secure the accuracy of the content and the information relevant to the text on the National Database on the law of its updated responsibility.

2. Secure the National Database Management Account on the law granted.

3. There is a measure of handling of the unit, the individual under management when there is a breach in the update of the text, secure assurance, exploitation and use of the National Database on the law.

4. Directed the agencies, the unit to provide timely, complete, accurate text for the unit to make the update of the text to update the National Database on the Law.

5. Coordinate with the Ministry of Justice in ensuring the safety, sharing, connection, integration and extraction of text data.

6. The December edition of the month of December reports on the update, exploitation and use of the text on the National Database on the legislation to send the Ministry of Justice.

What? 24. The responsibility of the Provincial People ' s Commission

1. Make provisions specified at 1, 2, 3, 5, 6 Articles 23 of this Decree.

2. Command the agencies, local organizations that provide timely, complete, accurate text for the Department of Justice to update the National Database on the Law.

Chapter IV

EXECUTION CLAUSE

What? 25. The transition clause

1. The Ministry, the peer-to-state agency of the Central Committee, the Provincial Committee of the Provincial Committee does not build a new database in terms of legal rule and the merged text since the date of this Decree is effective.

2. Items, peer agencies, other agencies in the Central Committee, the Provincial Committee of the Provincial Committee completed extracts from the National Database on the Law on Trang Pages or the Law Section of the Rule of Law on its Gateway or Electronic Information Page before August 31. December 2016.

3. The text update issued before the date of this decree is valid.

a) The effective yet effective text issued before this Decree is fully updated; encouraging the update of the document to the National Database on the Law.

b) The source of text issued before the date of this decree comes into effect used to update including: The text itself, the original text, the main medical copy, the copyright copy of the competent organ, the paper, the collection of cultural systematization of law by the government. Ministry, peer-to-peer agency, the other state agency in the Central, the Provincial People ' s Committee in print and circulated.

c) The Ministry, the peer agency, the other state agency in the Central, the Provincial People ' s Committee is responsible for the construction of the plan, the text update route issued before the date of this decree taking effect on the National Database on the law, the consensus. In collaboration with the Ministry of Justice, the Ministry of Justice made an update and completed the update of the text before 30 June 2016. The responsibility to update the text is in accordance with the Article 13 of this decree.

d) For texts that were already in the National Database of Law, the Ministry, the peer agency, the other state agency in the Central Committee, the Provincial People ' s Committee must take the test, scrutinate the prescribed text information. at the third of this decree to ensure the accuracy.

The process of collecting, updating the text issued prior to the date of this decree comes into effect as follows:

-Create a text category that needs to collect and do text statistics with a source or no source.

-For text with a specified source of registration at the b point of 3 This, the update must secure the prescribed information at paragraph 2, paragraph 3, paragraph 3, the document attachment at the point of paragraph 1 Article 14 of this decree.

-For text that does not have a specified source of registration at B point 3 This, when updates must secure basic information about the type of text, the number of symbols, the weak quotes, the date of the text and other information if available.

What? 26.

1. This decree has been in effect since 20 July 2015.

2. Terms 4 of this decree is applicable to the text on the National Database with the electronic signature.

What? 27. Terms of reference

In the case of legal rule texts and regulations that are invoked in this Decree there are changes, additions or replacements, that apply in accordance with the new law of law.

What? 28.

1. The Minister of Justice within the range of functions, duties, powers assigned to the responsibility of organizing and guiding, examining the implementation of this decree.

2. Minister, Vice President of the Ministry of Foreign Affairs, Head of other agencies in the Central Committee, Chairman of the Provincial People ' s Committee, agencies, organizations, individuals who are involved in responsible for the implementation of this decree ./.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung