Circular 23/2013/tt-Bgtvt: Regulating The Supply, Management And Use Of Data From Monitoring Equipment Of Cars

Original Language Title: Thông tư 23/2013/TT-BGTVT: Quy định về cung cấp, quản lý và sử dụng dữ liệu từ thiết bị giám sát hành trình của xe ô tô

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CIRCULAR rules on providing, managing and using data from monitoring equipment of cars _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law on road traffic, November 13, 2008;
Pursuant to Decree No. 107/2012/ND-CP dated 20 December 2012 of the Government functions, tasks, powers and organizational structure of the Ministry of transportation;
Pursuant to Decree No. 91/2009/ND-CP on October 21st, 2009 by government regulations on business and business conditions of transport by cars; Decree No. 93/2012/ND-CP on November 8th, 2012 of the Government on the amendments and supplements to some articles of Decree No. 91/2009/ND-CP;
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;
According to the proposal of the Director General of science and technology and the General Director of the Bureau of roads in Vietnam, the Minister of transport issued a circular regulating the supply, management and use of data from monitoring equipment of cars.
Chapter I GENERAL PROVISIONS article 1. Scope this circular provides regulations, management and use of data from monitoring equipment of cars.
Article 2. The object that applies to this circular applies to the transport business unit, the unit of production, monitoring equipment import of cars and the agencies, organizations, individuals related to the supply, management and use of data from monitoring equipment of cars within the country.
Article 3. Explanation of terms In this circular, the terms below are interpreted as follows: 1. The information system: is a set of hardware, software and communications lines used for the acquisition, management and exploitation of data from monitoring equipment of cars.
2. the transport business unit: business, cooperatives, business households join the transport business by means of cars subject to installation of surveillance equipment prescribed itinerary about business conditions for transport by cars.
3. The unit provides services: is the organizational unit perform the supply management service, mining, aggregate, analyze and archive the data from monitoring equipment of cars under contract with the transportation business unit.
Chapter II PROVIDE, manage, and USE DATA FROM MONITORING EQUIPMENT of cars article 4. Regulations on providing data 1. Asked about providing data: the data provided are divided into two categories, include the default identity information and continuously updated information about the operation of the car and driver: a) The default identity information including: name transport business unit; the name of the Department of transportation (where direct management of the transport business unit); sea control; vehicle load (number of passengers or tons of payload allows); type of business; they drive name; driver's license number. This default information must be mounted with the continuously updated information on the activities of each car and drive.
b) continuously updated information about the operation of the vehicle and drive away include: information about the car's journey; operating speed of the vehicle; the number and time of car parking stops; the number and the time played, open car doors; the continuous driving time, working hours of driving during the day.
2. The information, the data provided must ensure adequate according to the structure defined in annex 1 of this circular.
3. The content of the information, continuously updated data about the operation of the car and drive at the point b of paragraph 1 of this article shall be communicated on the General Directorate of roads in Vietnam with a frequency of 1 (one) minute/newsletter.
4. The information, the data provided must ensure timely, accurate, not misleading or repair before and during the transfer.
Article 5. Use of data 1. The principle of exploitation, using the data: a) the extraction of data from monitoring equipment the journey made in accordance with the Government on the application of information technology in the activities of State bodies;
b) data from monitoring equipment of the medium is exploited, used to cater for the transport management of the transport business unit, the State Agency of transportation and public works traffic accident investigation by the competent authorities;
c) information, the data in the database from monitoring equipment on the network environment is protected under the provisions of the law of information technology.
2. Purpose of use of the data of the State Management Agency: a) serves the management, inspection, check the transport activities within national and local;
b) track, the correct handling of the infringement, a business unit of local transport and of the Department of transportation;
c) serves the work of investigating, resolving traffic accident of the competent authority when required;
d) serve to build advocacy, educational programs, training staff of driving;
DD) serve reviews, rated the transportation business unit and the Department of transportation in the observance of the regulations on the management of transport in the country.
3. Purposes of using the data in the transport business unit: a) serves the management, business operations of transport units;
b) manage and alert when driving violations; tracking, correct operation of the drive;
c) serve the propaganda, education, training a team to drive in the unit;
d) serve test, the driver's violations processing unit;
DD) provides information to serve investigating, resolving traffic accident of the competent authorities when required.
Article 6. Data extraction forms 1. Exploit directly the agencies, organizations, individuals are mined data from monitoring equipment at electronic information Page of the General Directorate of roads in Vietnam. The exploitation and utilization of data from monitoring devices prescribed itinerary on security levels and permission to use.
2. indirect exploitation depending on the security level, use permission levels and purpose of use of, data from monitoring equipment journey will be Vietnam Road Administration/Department of transportation provided to the agencies, organizations and individuals when have propose in writing.
Chapter III DECENTRALIZED MANAGEMENT and RESPONSIBILITY of the Agency, Unit 7. Decentralized management, exploitation and use of data from monitoring equipment the journey 1. Vietnam road administration management information system in nationwide, General input data is passed on from the transport business unit or units provide services to analyze according to the target: total number and violations of each car by day , month, year; total number of violations for each violation; total offense/1,000 km of each car. The analysis on the data gathered by each business unit and each Property of transportation; General situation of violation of each route and according to the different times.
2. The Department of transportation made the exploitation, management information on the sea vehicles, vehicle load control (the number of passengers or tons of payload allows), the name of the transport business unit and information about violations, operating speed, number and time stops, close or open the car doors the continuous driving time, working hours of driving in the day of each business unit in the Department for transport directly managed through the account login and password provided to access the information system of the General Directorate of roads in Vietnam.
3. the transport business unit management data on the sea vehicles, vehicle load control (the number of passengers or tons of payload allows), driver name, driver's license number and the information regarding voyage, speed of operation, number and time stops, close or open the car doors the continuous driving time, the driver's working time during the day for the entire management unit in the vehicle.
Article 8. The responsibility of the General Directorate of roads in Vietnam 1. Construction of information systems, manage, upgrade, maintenance, hardware equipment, software and data transmission of information systems, exploitation, management and use of data from monitoring equipment.
2. building the software for receiving, synthesizing, analyzing data are transmitted from the transport business unit, the unit provides services according to the template specified in the annexes from 2 to 11 of this circular.
3. Specific instructions for the transport business unit, the Unit provide services about the method of implementation processes and the transmission of data on the General Directorate of roads in Vietnam.
4. Extraction, using data from the monitoring device on the information system of the General Directorate of roads in Vietnam to serve the State in the management of transport operations: a) management, inspection, check the transport operations on a national scope;
b) track, correct and handle breach of the transport business unit of the Department of transportation;
c) serves the work of investigating, resolving traffic accident of the competent authority when required;
d) serve to build advocacy, educational programs, fostering a team driving;
DD) serve reviews, rated the transportation business unit and the Department of transportation in the observance of the regulations on the management of transport all over the country.
5. Manual, updated, exploitation and management of information systems from monitoring equipment for cruise staff Department of transportation; provide the username and password to access the information system of the Vietnam Road Administration for the Department of transportation and the bodies, related institutions.
6. Layout track officials, information system, ensure the operating system continually in the process of exploitation, management and use of data from monitoring equipment.
7. Storage on the information system of the General Directorate of roads in Vietnam about aggregate data error violation of the airport a minimum of 3 (three) years; security, secure data for information systems.
8. request the Department of transportation to handle violation of driving, the transport business unit; the track, urging the Department of transportation reported the results of processing.

9. Processed or suggest authority responsible for processing the Department of transportation, the transport business unit and the individual, related organizations under the rules.
10. Monthly, provides data analysis, synthesis on electronic information Page of the General Directorate of roads in Vietnam. Quarterly report, six months, year or irregularly at the request of the Ministry of transportation about the violation and results processed by the Agency, the unit within the nation.
Article 9. The responsibility of the Department of transportation 1. Extraction of data from monitoring equipment of the transport business unit locally on the information system of the General Directorate of roads in Vietnam to serve the management of transport: a) serves the management, inspection, check the transport operations;
b) track, the correct handling of the breach in the operation of transport for the transport business unit;
c) serve to build advocacy, educational programs, fostering a team driving;
d) staff reviews, ranking business units in local transport in the observance of the regulations on the management of transportation;
DD) to serve investigating, resolving traffic accident of the competent authorities when required.
2. Examine, update, ensure the accuracy of the data by the traditional transport business unit of the General Directorate of roads in Vietnam to tap and use the data from the monitoring device, include: the name of the Department of transportation; the transport business unit name; sea control; vehicle load (number of passengers or tons of payload allows); business type of the transport business unit and the number of vehicles subject to installation of surveillance equipment on the local table.
3. Layout track officials, exploit and use the data from monitoring equipment on the vehicles in the transport business unit by the Department of management.
4. Security of the login name and password to access the system, information extraction and using data from the monitoring device on the information system of the General Directorate of roads in Vietnam.
5. The request in the transport business unit management to conduct local handle violations of driving; the track, urging units to report the results of processing.
6. Processed request or processed authority responsible for business units of local transport according to the regulations.
7. Handle administrative responsibilities, monitoring, exploitation, use of personal data, related organizations under the rules.
8. quarterly report, six months, year or irregularly at the request of the General Directorate of roads in Vietnam about the breach and violation processing results of local and business unit of local transport.
Article 10. The responsibility of the transport business unit 1. Investment, maintenance, hardware equipment, software and data transmission in the unit (if available) to ensure compatibility with the software that receives data from the General Directorate of roads in Vietnam; track officials, layout extraction, using data from the monitoring equipment in service cruise management, transportation operations of the unit.
2. the correct transmission, full and continuous data as defined in article 4 of this circular of General Directorate of roads in Vietnam; exploitation and utilization of data from monitoring equipment of vehicles belonging to units of management during transport operations.
3. Ensure the objectivity, accuracy, timeliness in providing data, not repaired or falsify the data transmitted on the General Directorate of roads in Vietnam.
4. Monitor, check the accuracy of the information on the sea vehicles, vehicle load control (the number of seats or tons), business type, name, number of driving licence in the management unit.
5. store has the system of mandatory minimum term of 1 (one) year.
6. Secure the data, the security of information systems from monitoring equipment at the unit.
7. Handle administrative responsibilities, monitoring, exploitation, using data for the individual, related parts as specified; timely processing of driving violation according to the rules and regulations of the unit.
8. monthly reports, or irregularly at the request of the Department of transportation about the results of processing the violation in the unit; updated results handle violation on active management of transport according to the regulations.
9. the transport business unit can directly implement the provisions in clause 2 and clause 5 of this or entrusted to the Unit provide services made through the legal effect of the contract.
Article 11. The unit's responsibilities to provide services 1. Investments, maintenance of equipment, software and data provided under a contract signed with the transportation business unit to ensure compatibility with the software that receives data from the General Directorate of roads in Vietnam.
2. Ensure the objectivity, accuracy, timeliness in providing data, not repaired or falsify information, transmission of data Of the Bureau of roads in Vietnam; ensure the security and confidentiality of data of the transport business unit by themselves provide.
3. Provide timely, accurate information, data from monitoring equipment for the journey to State administration authorities when required; responsible for the accuracy, truthfulness of the information, the data provided and communicated on the General Directorate of roads in Vietnam.
Chapter IV ORGANIZATION and EFFECTIVE IMPLEMENTATION of article 12. Effective enforcement of this circular in force enforced from October 15, 2013.
Article 13. Implementation 1. Vietnam Road Administration is responsible for guiding, implementing this circular to the Department of transport of the province of the central cities, and the transportation business unit on nationwide.
2. The Chief, Chief Inspector, Director of the Service, the General Director of the Bureau of roads in Vietnam, the Director of the Department of transport of the province or city level, heads of agencies, organizations and individuals concerned is responsible for the implementation of this circular.