The Decree 43/2010/nd-Cp: Regulations On The Provision Of Information And Online Services On Electronic Information Page Or The Electronic Portal Of The State Authority

Original Language Title: Nghị định 43/2011/NĐ-CP: Quy định về việc cung cấp thông tin và dịch vụ công trực tuyến trên trang thông tin điện tử hoặc cổng thông tin điện tử của cơ quan nhà nước

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Pursuant to the law on organization of the Government of 25 December 2001;

Pursuant to the law of information technology on June 29, 2006;

Considering the recommendation of the Minister of communication and information, the DECREE: chapter I GENERAL PROVISIONS article 1. Scope of this Decree stipulates the provision of information and online services on electronic information page or the electronic portal (hereinafter referred to as the electronic portal) and the operational conditions for the electronic portal of the State authority.

Article 2. Application object 1. Ministries, ministerial agencies, government agency, Bureau, Department and agency the equivalent; The people's Committee of the central cities, and the specialized agencies; The people's Committee of the district, County, city, town in the province (hereinafter referred to as the people's committees at district level).

2. Organizations and individuals involved in providing information on the electronic portal of the State authority.

3. Bodies, other State Organization voluntarily apply the provisions of this Decree.

Article 3. Explanation of terms In this Decree, the terms below are interpreted as follows: 1. electronic information page or information page is a collection of pages of information on the environment for the network deliver, exchange of information.

2. electronic portal is the single access point on the Agency's environmental network, affiliate, channel integration, services and applications through which users can exploit, use and personalize the display of information.

3. public administration services are those services related to law enforcement activities, not to profit, due to competent State agencies for organizations, individuals in the form of valuable papers in the areas that the State agency that manages.

Each public administration services associated with an administrative procedure to resolve a specific work complete regarding organization, individual.

4. Public services online is public administration services and other services of State agencies are provided for organizations and individuals on the network environment.

a public online service) level 1: service is guaranteed provided full information about administrative procedures and the relevant texts of regulations on administrative procedures.

b) online public services level 2: the online service is the level 1 and allows the user to download the sample text and the Declaration to complete the profile as required. After finishing records are sent directly or by post to the Agency, the organization that provides the service.

c) online public services level 3: the online service is the level 2 and allow the user to fill out and submit the online form to the agency or organization that provides the service. The transaction processing process records and provide the services to be performed on the network environment. The payment of the fee (if any) and getting results is done directly at the Agency, the organization that provides the service.

online public services) level 4: the online service is the level 3 and allows the use of payment of fees (if any) are done online. The results can be done online, send directly or by post to the user.

5. The governing body of electronic portal is the State Agency specified in clause 1 of article 2 of this Decree (hereinafter referred to as governing body) 6. Specification data (Metadata) is information that describes the characteristics of the data such as the content, format, quality, condition, and other characteristics in order to facilitate the process of finding, accessing, managing and storing data.

Article 4. The role of the electronic portal of the State authority 1. The electronic portal of Ministry, ministerial-level agencies, government agencies are integrating information portal of the whole industry, the field of agency management and integrated public service online information of all the agencies, subdivisions.

2. the electronic portal of the provincial people's Committee, the central cities is the integrated information portal of the State management sector on the scope of the information and integrated online public services of all specialized agencies and people's committees of districts of the province.

3. information posted on the electronic portal of the State authority is the main information systems of State authorities on network environment.

Article 5. The principle of provision of information 1. The information provided on the electronic portal of the State authority is right to the point, the party's policy guidelines, policies and laws of the State; serving time in the Agency's management and information needs of organizations and individuals.

2. The information provided on the electronic portal must comply with the provisions of the law on the protection of State secrets, journalism, intellectual and management information on the Internet.

3. Posting of, quote, use the information on the electronic portal of the Agency must specify the information about the author, the source of the information.

Article 6. The domain of the electronic portal access 1. Domain name to access the electronic portal of the Agency must use the national Vietnam domain name ".vn" and comply with the following rules: a) for ministries, ministerial agencies, government agencies: are third-level domains of the form: tenbonganh.gov.vn; each agency to have 1 domain name is the name of the Agency stands by Vietnamese accents, not 1 domain name is abbreviated in English as provided by the Ministry of Foreign Affairs.

The part contains a minimum of level 4 is the abbreviated name of the Agency by Vietnamese accents or not in English the form: tendonvi.tenbonganh.gov.vn.

b) for provincial people's Committee, the central cities: third level domain is using the full name of the city, by Vietnamese accents not of the form: tentinhthanh.gov.vn.

The people's Committee of Ho Chi Minh City have access domain is: hochiminhcity.gov.vn.

The specialized agencies in the city, have a minimum of level 4 is the abbreviated name of the Agency by Vietnamese accents or not in English the form: tencoquan.tentinhthanh.gov.vn.

c) for the people's Committee at district level: 4th level domain names is to use the full name of the locality by Vietnamese accents not of the form: tenquanhuyen.tentinhthanh.gov.vn.

2. The governing body is responsible for the domain name change, additional access as specified in paragraph 1 of this article.

Article 7. Ensure technical standards 1. Consistent use of free font charset Unicode standard 6909:2011 in the storage and exchange of information, data on the electronic portal.

2. the electronic portal of State agencies must comply with the standards on information technology application in State agencies.

Article 8. Disabled people support the electronic portal of the State authority must meet these standards to support disabled people to approach, use of information technology and communications prescribed by the Ministry of information and communication.

Article 9. The collection, processing and use of personal information the collection, processing and use of personal information on the electronic portal of State agencies must comply with the provisions of article 21, 22 of the law on information technology.

The Ministry of information and communications is responsible for specific regulations implementing the provisions of this Article.

Chapter II PROVIDES INFORMATION article 10. Principal information 1. The electronic portal of the State authority must have the following information: a) referral information: – for ministries, ministerial agencies, government agencies and the Bureau, the Directorate and the equivalent bodies, the specialized agencies in the provincial people's Committee, central cities must have a minimum of information about diagrams , organization, functions, duties and powers of the Agency subdivisions; Summary of the process of formation and development of the Agency; brief biography and took charge of the Mission of the agency leadership.

-For the people's Committee, the city in Central and district-level people's committees must have a minimum of information on the Organization, administrative boundaries map to grant Ward, town, natural conditions, history, traditional culture, monuments, landscapes; brief biography and took charge of the Mission of the agency leadership.

b) news, events: News, articles about the works, the problems involved in the scope of the Agency's governance.

c) information, including: Executive direction, the Executive heads were United and officially issued in writing; handling comments, feedback with regard to the recommendations, the requirements of the Organization, the individual; Awards, punishments for organizations active in the field of corporate governance of the Agency; working schedule of agency leadership.

d) information dissemination, advocacy, legislation, implementation guide mode, policy: advocacy, dissemination, guide the implementation of law and policy, mode for the fields in the range of State management bodies.

DD) strategy, direction, planning, development plans:-the Ministry, ministerial-level agencies, government agencies provide information about strategy, planning, industry development plan, the field within the country. Professional body in the people's committees of provinces and cities to provide information about strategy, planning, industry development plan, the local field.

-People's Committee, the central cities, the people's Committee at district level to provide information about strategy, planning, planning of socio-economic development including a minimum fields: + incentive policies, investment opportunities, the project invites capital;

+ Construction planning, urban planning; planning, land use plans;

+ Planning, planning and operation of extraction of natural resources;

+ Plans for collecting, recycling, waste management; the list, information about the types of waste, effluents have harmful risk to human health and the environment; the area contaminated environment, recession in severity and particularly serious, the area of the crash-risk environment.


e) text system the specialized legal and administrative management text: specify the text form, the authority issued, number, date issued, date, name, text file to allow the download. Provides a text search tool.

g) electronic government portal and electronic portal of the province people's Committee, central cities must upload the electronic Gazette include: information on Gazette issued, listing the text published in the Official Gazette and contents for each text.

h) information on the project, investments, public procurement tender:-list of projects preparing investment projects are implemented, the project has been completed;

-Each project needs to have the information, including: name of the project, the main objectives, areas of expertise, project type, duration, project funding, funding type, sponsor, project status.

I) Items retrieved comments of individual organizations:-reception reflected; recommendations of organizations and individuals about administrative regulations in accordance with the law;

-Posting of a list of legal documents, policy advocates need to please your comments;

-Provide information and functionality; the full text of the content issue should please comments; the time limit for receiving comments and suggestions; view the contents of the comments; receive new comments; electronic mail, address of the receiving unit, agency comments.

k) contact information of the officials and public servants jurisdiction includes name, title, work unit, phone/fax number, e-mail address.

l) transaction information of electronic portal include: address, telephone, fax numbers, electronic mail address for official dealings with organizations and individuals.

2. Based on the situation and actual conditions, the governing body has the right to provide the other information consistent with the functions and tasks of the Agency.

Article 11. Information about the program, the subject of science ministries, ministerial agencies, government agencies, provincial people's Committee, central cities must provide information about the program, scientific theses have used the State budget under the control of management: 1. list of programs , topics include: code, name, level, field management, unit, period.

2. The results of the program, the subject after the Council passed the science test includes: synthesis report, reporting the results of the application deployment process, the subject. The announcement of the results must comply with the provisions of the law on Science and technology.

Article 12. Information, statistical reports 1. The electronic portal of Ministry, ministerial-level agencies, government agencies must provide statistical information about the industry, the field of management.

2. the electronic portal of the provincial people's Committee, central cities must provide statistical information from the results of the investigation according to the provisions of the Statistics Act.

3. Statistical information must include full data, statistical reports, statistical methods and analyses statistics, statistical duration.

Article 13. Foreign information 1. With regard to the electronic portal of ministries, ministerial agencies, government agencies, provincial people's Committee, the central cities: a minimum the information specified in point a and k paragraph 1 article 10 of this Decree and other public service information online that foreigners can use additional must be provided in English for reference.

2. Encourages the governing body posting other information items in English and other languages.

Article 14. Provides data specification 1. The electronic portal of the State authority must provide the data to support specification searches, Exchange and share information, to ensure the ability to link, integrate with the electronic portal of other State agencies, and ensuring the compatibility of the technology.

2. The Ministry of information and communications is responsible for the detailed guide to the application of the standards for data specification for State agencies.

Article 15. The supported features 1. Search assist function, link and store the information a) electronic portal must have functional lookup, search information allows search engines to be full and accurate content information, articles, news search there.

b) provides complete, accurate links to the electronic portal of the subdivisions and other State agencies.

c) provides print and archive for each article, news.

2. Function FAQ and receiving feedback: provide the functionality that allows users to send questions, comments, track processing status question or provide your e-mail address to receive.

Article 16. The links, incorporated information 1. The electronic portal of Ministry, ministerial bodies, government bodies must be aligned, integrated information with your electronic portal subordinate agencies to ensure that organizations and individuals can find and exploit all the information in the field of State administration bodies.

2. the electronic portal of the provincial people's Committee, central cities must be linked, integrate information with the electronic portal of the specialized agencies in the province, city and district level people's committees to ensure that organizations and individuals can search and information on all areas of socio-economic local.

3. Electronic Government Portal acts do clue connecting the electronic administrative information network of the Government on the Internet, integrates information from the electronic portal of ministries, ministerial agencies, government agencies and people's committees of provinces and cities under central.

Article 17. Limited time offer, handle and store information 1. Limited time offers and information processing: a) ensure regular updates, correct for the item specified in point a, b, c, k, and l, paragraph 1 article 10 of this Decree.

b) for information dissemination, advocacy, legislation, implementation guides, policy mode: time updated no more than 15 (fifteen) working days since the legal, policy, official mode.

c) for writing legal specialization and state management: text-time updates no more than 2 (two) working days from the date the documents are issued for the Agency issued text.

-Time updates no more than 10 (ten) working days from the date the documents are issued for the agencies in the scope of the text.

d) with respect to the information specified in point DD and h clause 1 article 10 of this Decree: time updated no more than 10 (ten) working days since the strategy, planning or project, investments, tenders were approved.

DD) for item Exchange-FAQ:-the Editorial Board of the electronic portal is responsible for receiving the question, classification questions and move to the units involved to answer. The case questions not related to the scope, areas of activity of the Agency must then immediately notify the organization or individual;

-At the latest 15 (fifteen) working days since receiving the question, State authorities have a responsibility to answer the result or the processing of stating that the time limit for replying to the individual organization. With respect to the relevant issues, to post the answer up electronic portals.

e) for information on the program, science topics: time updated no more than 20 (twenty) working days since the program, the subject was approved or after the program, the subject was.

g) for information, statistical reports: time updated no more than 10 (ten) working days since the statistical information are heads decided to publish.

h) for foreign information: must be your regular, timely updates when there arises or change.

2. Store the information: the governing body has the responsibility to ensure the storage of the information electronic portal according to the regulations of the State of the archive.

Chapter III PROVIDES an ONLINE PUBLIC SERVICES Article 18. Information about the online services 1. The governing body is responsible for posting the information about the online service on the national database of administrative procedures. Information about the online services have to be updated, additional, timely editing right after the change.

2. the electronic portal of the State authority must have the "online services" category informed the administrative services and the online services are performed and specify the level of service. The service was held, classified by industry sector, to facilitate the exploitation of use.

3. the electronic portal of the State authority to provide instructions for use, track the frequency of use, the processing and the number of records was processed for each online public services from level 3 upwards.

Article 19. Responsible for providing online public services 1. The governing body use these results have been achieved in standardizing administrative procedures according to the standards to provide administrative services on the electronic portal. For services that are related to the application form, sample administrative declarations come must be provided a minimum reached the level of 2. For each service should show full of the constituent parts of the administrative procedures and responsibilities of the parties involved.

2. the annual report on the roadmap provides online public services: a) The specialized agencies affiliated to the provincial people's Committee, the city and district level people's Committee has the responsibility to build the roadmap provides online public services and the provincial people's Committee report, the city on the route and the progress made.

b) ministries, ministerial agencies, government agencies, people's committees of provinces and cities under central responsibility to build and route reports provides online public services and local unit, Ministry of information and Media General, reported the Prime Minister.

Article 20. Integrate online public services information


1. the electronic portal of Ministry, ministerial bodies, government bodies must be aligned, integrated public service information online with the electronic portal of the subdivisions.

2. the electronic portal of the provincial people's Committee, central cities must be aligned, integrated public service information online with the electronic portal of professional agencies and people's committees at district level.

3. Government Office is the focal point within the Organization to integrate public service online information on all fields of governance of the Government.

Chapter IV OPERATIONAL and for ELECTRONIC INFORMATION PAGE or the ELECTRONIC PORTAL Item 1 article 21 PERSONNEL WARRANTS. The Editorial Board of the electronic portal 1. The Editorial Board of the electronic portal is making parts for the head of the governing body in receiving, processing, editing, updating information and coordinate the handling of public service to ensure the operation of the electronic portal. Departments of information technology of the governing body is the permanent organ of the editorial board.

2. The scale and organization of the Editorial Board of the electronic portal so heads the Governing Body decided to base it on the actual situation.

3. The Editorial Board of the electronic portal includes the Head, Deputy Head and members. Editorial leadership can work as part-time mode. The working mode of the members by the heads of the governing body to decide.

4. The Ministry of information and communications, the Ministry of Interior, in coordination with specific instructions regarding the Organization, functions and tasks of the editorial board.

Article 22. Human resources the public service online processing heads the governing body is responsible for the assignment, the layout enough personnel in charge of handling, tackling the online services are the responsibility of his agency in accordance with the prescribed time limit.

Article 23. Technical administration staff the governing body is responsible for arranging professional manpower to administer electronic portal (hereinafter called the administrative professional).

Article 24. Human resource training editorial staff and annual management professional training and upgrading professional knowledge consistent with the field missions to ensure the service for operation of the electronic portal.

Section 2 ENSURE FUNDING article 25. Funding to maintain the activity and development of the electronic portal 1. Funding to maintain the activity and development of the electronic portal was secured from the source: a) State budget:-funding spent on electronic portal of State bodies are arranged in the estimation of annual budget expenditure according to the areas of the Agency's spending. The Mission of the electronic portal of the Agency, the central unit by the central budget guarantee; the Mission of the electronic portal of the Agency, the local unit due to local budget guarantee under the provisions of current legislation about devolved State budget;

-Funding for training, fostering electronic portal service is arranged every year in the Agency's budget estimates for training, fostering civil servants in the scope of management.

b) revenues of the other agencies, units are permitted to use under the provisions of the law.

c) source of aid, the source of official development assistance of the donors.

d) The funds of other legal provisions of the law.

2. The governing body is responsible for the annual construction plans of the expense of maintaining the operation of the electronic portal management agency report on; the superior governing body consideration, General Agency financial report the same level to allocate funding.

Article 26. Costs of creating information and pay royalties 1. Mode of remuneration, royalties for providing information on the electronic portal enjoy the royalty regime under current rules.

2. Costs for the creation, transformation and digitized information for electronic portal to follow the instructions of the Ministry of finance about the costs of creating electronic information.

3. ability to base funding of the Agency, heads the Governing Body decide specific spending levels for the creation of information and payment of royalties in accordance with the applicable regulations of the State.

Section 3 ENSURING the OPERATION and MAINTAIN article 27. Upkeep, maintenance, maintenance, upgrade, edit the electronic portal 1. The electronic portal must be regularly checked, maintenance, customization, monitoring activities to ensure continuous operation 24 hours all day.

2. Every year, the electronic portal to be reviewing, propose upgrading, editing to suit the actual needs.

Article 28. Ensure the line, machines, equipment serving the collection, information processing 1. The governing body selected investment projects of infrastructure construction or hire services from external providers to ensure operation of the electronic portal according to the principle of cost savings and ensure efficiency.

2. The governing body has the responsibility to fully equipped with necessary equipment for collecting, processing and updating information for the electronic portal, ensure the effective exploitation of existing technology infrastructure.

Article 29. Secure data and information 1. The governing body has the responsibility: a) implement technical measures to guarantee safety of the information and data on the electronic portal.

b) build effective solutions against the attacks cause loss of information safety of electronic portal.

c) build to troubleshoot secure electronic information portal system of continuous operations at the maximum level.

2. The Ministry of information and communications is responsible for guiding the implementation of the specific provisions in this article.

Section 4 ENSURES IMPLEMENTATION of article 30. The responsibility of the governing body 1. Heads of Administration directed the construction, development and operation of electronic portal; directs the units in coordination with the Editorial Board in ensuring the provision of information and online services.

2. Use of funds allocated under the plan and other legitimate sources to ensure the operation, maintenance and development of the electronic portal.

3. Approval of regulations issued in coordination between units in the Agency to provide and process the information, regulation for operation and maintenance activities for the electronic information portal.

4. In compliance with the standards, technical standards in the construction, maintenance and upgrade of the electronic portal according to the regulations.

5. Perform periodic reporting annually on the State of operation of the electronic portal: a) for ministries, ministerial agencies, government agencies, people's committees of provinces and cities under central: send a report on the Ministry of information and communications before 1 December each year.

b) with regard to the specialized agencies in the people's committees of provinces and cities under Central People's Committee, the County, district, town, city in the province of: submit report on information and communication; Department of information and Media General, agency reports and the Ministry of information and communications before 1 December each year.

Article 31. The responsibility of the relevant agencies 1. The Ministry of information and communications is responsible for: a) guide the ministries, ministerial agencies, government agencies, people's committees of provinces and cities under central implementation of the provisions of this Decree.

b) formulated and promulgated the standards, technical standards applicable to the electronic portal of the State authority.

c) coordinated with relevant agencies to build the payment mechanism and the modalities for the implementation of public services online.

d) annual synthesis report, the Prime Minister on the public service online deployment and operational situation of the electronic portal of the State authority.

2. Office of the Government electronic portal directing the Government made as clues to connect electronic administrative information network of the Government with the State administrative organs at the Central and local levels; the information integration of online public services from the Government.

3. The Ministry of finance is responsible for the central budget balance to ensure the funding of operations, maintenance and development of the electronic portal of the State authority.

Article 32. Inspection, test 1. The Ministry of information and communications is responsible for the inspection, checking the implementation of the provisions of this decree with regard to the ministries, ministerial agencies, government agencies.

2. Department of information and communications of the province of the central cities, are responsible for the inspection, checking the implementation of the provisions of this decree with regard to the local State authorities.

Chapter V ENFORCEMENT PROVISIONS Article 33. Effective enforcement of this Decree has effect as from October 1, 2011.

Article 34. Responsibility of Ministers, heads of ministerial agencies, heads of government agencies and heads of Department, General Directorate and equivalent bodies, Chairman of the provincial people's Committee, the central cities, the heads of the specialized agencies in the province and the President of the people's Committee at district level is responsible for the implementation of this Decree.