Circular 19/2014/tt-Btp: Regulations On Import, Upload, Data Mining Administrative Procedure On The Basis Of Data On Administrative Procedures And Management Of A National Database On Welding Procedures.

Original Language Title: Thông tư 19/2014/TT-BTP: Quy định về nhập, đăng tải, khai thác dữ liệu thủ tục hành chính trên Cơ sở dữ liệu quốc gia về thủ tục hành chính và quản lý Cơ sở dữ liệu quốc gia về thủ tục hàn...

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The CIRCULAR regulates import, upload, data mining administrative procedure on the basis of data on administrative procedures and management of a national database on administrative procedure _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 22/2013/ND-CP dated 13 March 2013 of the Government functions duties, powers and organizational structure of the Ministry of Justice;
Pursuant to Decree No. 64/2007/ND-CP dated 10 April 2007 by the Government on the application of information technology in the activities of State bodies;
Pursuant to Decree No. 43/2010/ND-CP of August 13, 2011 of the Government regulations on the provision of information and online services on electronic information page or the electronic portal of the State authority;
Pursuant to Decree No. 63/2010/ND-CP on 08 June 2010 of the Government on the control of administrative procedure and Decree No. 48/2013/ND-CP on May 14, 2013 the Government's amendments and supplements to some articles of the Decree relating to the control of administrative procedures;
The Minister of Justice issued a circular regulating the import, upload, data mining administrative procedure on the basis of data on administrative procedures and management of a national database on administrative procedures.
Chapter I GENERAL PROVISIONS article 1. Scope this circular regulates the import, upload, data mining administrative procedure on the basis of data on administrative procedure (hereafter abbreviated as national database) and the management of national databases; powers and responsibilities of the agencies, organizations and individuals involved in the import, upload, data mining administrative procedure on the basis of national data and database management.
Article 2. Application object 1. Ministries, ministerial agencies, people's committees of provinces and cities under central (hereafter abbreviated to provincial people's Committee), the social insurance agency: Vietnam social policy Bank, Vietnam Development Bank.
2. The agencies, organizations and other individuals involved in the import, upload, data mining administrative procedure on the basis of national data and database management.
Article 3. Administrative data on the national database of administrative data on national databases include: administrative procedures, work procedures (hereinafter referred to as administrative procedures) and the text of the legal provisions of the administrative procedure are specified in point a , b, c paragraph 4 Article 26 of Decree 63/2010/ND-CP on 08 June 2010 of the Government on the control of administrative procedure (hereafter abbreviated as Decree No. 63/2010/ND-CP) are entered and posted publicly on the national database, and value are guaranteed.
Article 4. The principle enter, upload, data mining administrative procedure on the basis of national data and manage national data base 1. The data entry procedures as specified in article 3 of this circular to the national databases must be taken after the Agency announced authorities under the provisions of the law.
2. administrative data are entered and posted on the national database to ensure the adequacy, accuracy, timeliness and must be strictly controlled, to ensure the rights, legitimate interests of individuals, organizations, interests of the State.
3. The data mining procedures on the national database of agencies, organizations, individuals and the management of a national database to comply with the provisions of the law on mining, use and management of the Internet and information services on the network.
Chapter II IMPORT, UPLOAD DATA ADMINISTRATIVE PROCEDURE on the BASIS of National DATA 5. Responsible for entering and posting data administrative procedures 1. Ministries, ministerial-level agencies, provincial people's Committee, the social insurance agency: Vietnam social policy Bank, Vietnam Development Bank performed data entry procedures into the national database, as follows: a) The Ministerial organs, the Organization entered into the national database the administrative data in the function governance of the ministries, ministerial agencies and has been declared under the provisions of the law, then use the software of a national database to send administrative data entered for the province, central cities.
Legal organization of ministries, ministerial agencies help Ministers, heads of ministerial agencies data entry procedures and recommend administrative control Bureau of the Ministry of Justice published the data of administrative procedure on the basis of national data;
b) provincial peoples Committee held enter the constituent parts of the administrative procedure in the jurisdiction of the provincial people's Committee and was published under the provisions of the law from administrative data sources by ministries, ministerial agencies send via software of the national database.
Justice Department helps provincial people's Committee, the additional data entry procedures and recommend administrative control Bureau of the Ministry of Justice published the data of administrative procedure on the basis of national data;
c) social insurance, Vietnam social policy Bank, Vietnam Development Bank, the Organization entered into the national database of administrative data in the jurisdiction as defined in paragraph 3 of the article 13 of Decree 63/2010/ND-CP held agencies legislation : Social insurance, Vietnam social policy Bank, Vietnam Development Bank helps the Director General data entry procedures and recommend administrative control Bureau of the Ministry of Justice on the basis of national data.
2. Administrative Control Bureau of the Ministry of Justice is responsible for: a) the posting of these administrative data are entered into the national database at the suggestion of the legal organization of ministries, ministerial agencies, Department of Justice, the provinces and cities under central, the Agency : Social insurance, Vietnam social policy Bank, Development Bank of Vietnam;
b) urge the ministries, ministerial-level agencies, provincial people's Committee, the social insurance agency: Vietnam social policy Bank, Development Bank of Vietnam made import procedures and suggested posting of administrative data on the national database.
Writing samples recommended publicizing administrative data as attached to this circular is sent on administrative control Bureau of the Ministry of Justice under the e-mail address cuckstthc@moj.gov.vn or by electronic means by the administrative control Bureau Ministry of Justice reported.
Article 6. Data entry process administrative procedures 1. Data entry process procedures in ministries, ministerial agencies held in the Ministry of Legal Affairs, ministerial bodies to help Ministers, heads of ministerial agencies perform the data entry procedures according to the following procedure: a) perform logging on the national database under your account due to administrative control Bureau Ministry of Justice provided; Enter the administrative procedure had been announced by the authorized under the provisions of the law on the national database, and the connection with the text of the legal provisions of administrative procedure on the basis of national data about the law;
b) defines the constituent parts of the administrative procedure is not allowed to edit, then define the administrative procedure in the jurisdiction of the provincial people's Committee to implement administrative procedures to send data through the software of national databases;
c) recommended administrative control Bureau Ministry of Justice publicizing administrative data has been entered into the national database.
2. process data entry procedures at the provincial people's Committee of Justice Department helps provincial people's Committee to implement the import data administrative procedures according to the following procedure: a) perform logging on the national database under your account due to administrative control Bureau Ministry of Justice provided; Enter the constituent parts of the administrative procedure in the jurisdiction of the provincial people's Committee has been declared under the provisions of the law from administrative data sources by ministries, ministerial agencies sent through software of national databases and the connection with the text of the legal provisions of administrative procedure on the basis of national data about the law; Enter the data in the administrative procedure issuing authority of the provincial people's Committee on the national database (if available) and make the connection with the text of the legal provisions of administrative procedure on the basis of national data about the law;
b) suggest administrative control Bureau of the Ministry of Justice publicizing administrative data has been entered into the national database.
3. process data entry procedures at the Agency: social insurance, Vietnam social policy Bank, Bank Vietnam legal organizations development agencies: social insurance, Vietnam social policy Bank, Vietnam Development Bank helps the ceo to enter administrative data according to the following procedure : a) perform logging on the national database under your account due to administrative control Bureau Ministry of Justice provided; entered into the national database the administrative procedure in the jurisdiction as defined in paragraph 3 of the article 13 of Decree 63/2010/ND-CP and connected with the legal text has the specified administrative procedures on the basis of national data about the law;
b) suggest administrative control Bureau of the Ministry of Justice publicizing administrative data has been entered into the national database.
Article 7. Processes posted data administrative procedures administrative control Bureau of the Ministry of Justice make posted data administrative procedures according to the following procedure:

1. Examine, scrutinize, collated in order to ensure the adequacy, accuracy of administrative data have been entered into the national database with administrative procedures in the decision announced the administrative procedures of the ministries, ministerial-level agencies, provincial people's Committee and decided to publicize the work procedures of the agencies : Social insurance, Vietnam social policy Bank, Vietnam Development Bank.
2. Examine, scrutinize, collated to ensure the administrative procedure by the President of the provincial people's Committee announced the suit with the administrative procedures, the procedures for settling the Ministers, heads of ministerial agencies, heads of Agency: social insurance, Vietnam social policy Bank Vietnam Development Bank, announced.
3. Examine, review and ensure the administrative procedure and the text of the relevant legal provisions on administrative procedure must be connected, integrated on a national database.
4. Upload the data following administrative procedures when performing the test, scrutinize, as specified in the paragraph 1, 2 and 3 of this article.
5. where administrative data are entered into the national database does not warrant the adequacy, accuracy, conformity as prescribed in paragraph 1, 2, and 3 of this article, administrative control Bureau, the Ministry of Justice proposed the legal organization of ministries, ministerial agencies, agencies : Social insurance, Vietnam social policy Bank, Development Bank of Vietnam; The Department of Justice of the province, the central cities of adjustments, additions, improve administrative procedures and data sent on administrative control Bureau Ministry of justice within the time limit must not exceed 10 working days from the date of receiving the recommendation of administrative control Bureau, Ministry of Justice.
Article 8. The time limit for entering and posting the data of administrative procedure on the basis of national data 1. The deadline to enter and submit data to administrative procedures posted on the national database is made according to the provisions of article 24 of Decree 63/2010/ND-CP DATED. 2. Time limit for posting administrative data are entered into the national database is made according to the provisions in clause 2 Article 26 of Decree 63/2010/ND-CP. Chapter III DATA MINING PROCEDURES on the NATIONAL DATABASE of article 9. Powers, responsibilities of the Agency, the Organization addressed the administrative procedure in the extraction, using administrative data on the basis of national data 1. Mining, using administrative data are posted on the national database for listed and solve administrative procedures according to the function, the authority assigned to it.
2. Receiving and treating documents for individuals, organized in individual cases, the Organization has fully met the requirements of records, forms, sample administrative declarations according to the rules of administrative procedures are posted on the national database; not be regulated any more any other content about the administrative procedures in addition to the regulations has been posted on the national database.
3. When the administrative procedure there was effective but not yet published, openly or publicly announced, but not exactly full, according to the regulations or has been executed, cancelled, repealed but still posted publicly or did not ensure the necessary , logical, legal, organizational agencies solve administrative procedures responsible for notification, submit comments to the Ministry of Legal Affairs Organization, ministerial bodies, the social insurance agency: Vietnam social policy Bank, Development Bank of Vietnam; The Justice Department, the provinces and cities under central or administrative control Bureau of the Ministry of Justice to promptly handle.
Article 10. The rights of the individual, the Organization, using administrative data on the basis of national data 1. Mining, using administrative data was posted on the databases of the national service for the implementation of administrative procedures in accordance with the law.
2. Perform these administrative procedures, records, papers, requirements, conditions are regulated or publicly posted on the national database.
3. Reflections and recommendations with the legal organization of ministries, ministerial agencies, the social insurance agency: Vietnam social policy Bank, Development Bank of Vietnam; The Justice Department, the provinces and cities under central or administrative control Bureau of the Ministry of Justice on the following: a) the administrative procedure there was effective but not yet posted on the national database or have been posted but not full, exactly as prescribed;
b) administrative procedure has been executed, cancelled, repealed but still posted publicly on a national database;
c) inconsistencies between the administrative procedures are posted publicly on the national database with administrative procedure are listed where solve administrative procedures;
d) inconsistencies between the administrative procedure are resolved with administrative procedure are listed where solve administrative procedures and are posted on the national database.
Chapter IV MANAGEMENT of NATIONAL DATABASES and the RESPONSIBILITIES of the ministries, local article 11. The content management of a national database 1. Policy formulation of the law on the import, upload, data mining administrative procedure on the basis of national data and the management of a national database.
2. data content moderation procedures are entered, posted on the national database; build the business processes, guidelines, data upload procedure on the basis of national data; guide the ministries, local Administrative Committee business processes to solve administrative procedures within the State administration.
3. Secure the funding, facilities for entering, posting, upgrade national database; the mobilization and use of the funds, the legal resources to enhance the ability to manage, operate, maintain and upgrade the national database.
4. Perform account management sign a national database for the Agency is responsible for data entry procedure stipulated in article 5 of this circular; periodically reviewing proposed projects, upgrade, edit the system hardware and software infrastructure of the national database to match actual needs.
5. organizations to connect, integrate, share administrative data on the national database with the electronic portal of ministries, ministerial-level agencies and the provincial people's Committee.
6. Secure information and information security for the information technology infrastructure of the national database under the provisions of the law on information security and information security.
7. Secure national database for continuous operation 24 (twenty-four) hours in all day.
In the case of the national database repairs, to fix problems or upgrade, edit the notice about the suspension of activities of the national database as defined in article 16 of Decree 64/2007/ND-CP. 8. Team building, training, professional training of officers, civil servants make to manage, maintain, operate national databases; Organization of training, professional skills, advanced integration, mining, using administrative data on the national database.
9. Commend the agencies, organizations and individuals to make good the enter, upload, manage and operate the national database.
10. General, reporting to the authority about the situation to manage, operate, exploit national database periodically and annually or extraordinarily upon request.
Article 12. The responsibility of the Ministry of Justice 1. Implementation of the content management of a national database provided for in article 11 of this circular.
2. Administrative Control Bureau is responsible for chairing, in cooperation with the relevant units to help the Minister of Justice made the provisions in clause 1, 2, 3, 4 and 8 article 11 of this circular.
3. The information technology Bureau, in collaboration with the Bureau of control procedures and the relevant unit implementation specified in Paragraph 5, 6 and 7 article 11 of this circular.
4. The relevant units of the Ministry performs the tasks according to the functions and tasks assigned.
Article 13. The responsibility of ministries, ministerial-level agencies, provincial people's Committee, the social insurance agency: Vietnam social policy Bank, Development Bank of Vietnam 1. Implementation of the content management of a national database that prescribed in clause 9 Article 11 of this circular.
2. The organization performs the data import procedures as specified in chapter II of this circular.
3. In coordination with the Ministry of Justice in linking, integration, data sharing procedures between national database with the electronic portal of Ministry, ministerial-level agencies, provincial people's Committee.
4. Secure the funding, the base material for the administrative procedures to import data into the national database.
5. Moderate administrative data in the range State management, range resolution is entered on the basis of national data; responsible for the accuracy of administrative data is logged into the national database.
6. Ensuring uniformity, synchronization between the administrative procedures are posted on the national database and the administrative procedures are listed where solve administrative procedures.
7. Checking, reviewing, editing, administrative data have entered or have been posted at the suggestion of the Ministry of Justice.
8. Manage your account login to the database by the Ministry of Justice level; public servants assigned to manually login account password changes and account security during use; not provide or disclose your account.
9. Enact business processes to solve the unified administrative procedure within the governance of the ministries, local.
10. Legal Organization, the Justice Department has the responsibility to host, in cooperation with the relevant units to help the Ministers, heads of ministerial agencies, General Director of the social insurance agency: Vietnam social policy Bank, Development Bank of Vietnam, the provincial people's Committee in implementing the provisions of article content.
Article 14. Terms of implementation

1. This circular takes effect from 1 November 2014.
2. Administrative Control Bureau, Ministry of Justice shall assist the Minister of Justice to track, test, urging the implementation of this circular.
3. In the process of implementing, if there are difficulties and obstacles, suggest that the agencies, organizations, personal reflections in time about the Ministry of Justice to study the resolution.
 

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