Vietnam Law has regulations on information systems and national database on public property. Let’s find out this issue with Lawyer X through the following situation: “Dear Lawyer! I want to ask what are regulations on information systems on public property in Vietnam? Who has responsibility to develop information systems on public property in Vietnam? Thanks for answering my questions!”
Legal grounds
2017 Vietnam Law on Management and Use of Public Property
Information systems on public property
Information system on public property”is an integrated system of information technology infrastructure, software, data and procedures developed to collect, store, update, process, analyze, classify and retrieve information about public property.
National database on public property is a collection of data on public property that is organized for access, operation, management and updating through electronic means.
Information systems on public property includes:
– Technical infrastructure of information technology on public property.
– Operating systems, system software and application software.
– National database on public property.
– Electronic transaction systems on public property.
Responsibility to develop information systems on public property
– The State shall give priority to investment in capital, technical equipment, modern means and advanced technology for the construction, operation and maintenance of information systems on public property to ensure effective management of public property; encourage organizations and individuals to participate in the development of advanced technology and technical means to ensure the application of modern public property management methods.
– The Ministry of Finance shall develop, manage and operate information systems on public property within its scope of management.
– Ministries, central authorities and People’s Committees of provinces shall invest in infrastructure and information technology, provide training for personnel to manage and operate information systems on public property within their scope of management.
National database on public property
– National database on public property shall apply nationwide and it is used to aggregate quantity, value and how to allocate all public property.
– National database on public property shall contain:
+ Data on public property of authorities and organizations;
+ Data on infrastructural property;
+ Data on public property of enterprises;
+ Data on the property whose public ownership is established;
+ Data on land;
+ Data on resources.
– Data on types of public property developed by ministries, central authorities and People’s Committees of provinces shall be connected with the national database on public property.
– The Minister of Finance shall:
+ Provide guidelines for exchanging information about public property developed by ministries, central authorities and People’s Committees of provinces to connect with the national database on public property;
+ Specify contents, structures, types of data on public property to connect with the national database on public property;
+ Directly develop the data specified in Points a, b and c Clause 2 this Article.
– Ministries, central authorities and People’s Committees of provinces shall:
+ Update data on types of public property specified in Clause 2 this Article to the national database on public property;
+ Directly develop the data specified in Points d, dd and e Clause 2 this Article to ensure that they will connect with the national database on public property.
Management and use of national database on public property
– Information stored on the national database on public property and provided by competent authorities shall have the same value as information stated in written documents.
– The national database on public property shall ensure strict security and safety; any acts of illegal access to national database on public property, damage or provision of wrong information about national database on public property shall be banned.
– Organizations and individuals that seek access to information and data on public property shall be entitled to use them in accordance with regulations of law.
Utilization of information about public property
Information stored on the national database on public property shall be used:
– To make reports on management and use of property in compliance with regulations of law or upon the request of a competent state authority;
– To provide the basis for estimate, approval of financial statements, making decisions, inspection, auditing or monitoring of investment in construction, purchase, lease or provision of fixed funding for the use of public property; upgrading, renovation, repair, operation or disposal of public property;
– For other purposes according to a competent authority’s decision.
Regulations on Public property services
– Provision of information and data on public property.
– Selection of contractors and investors relevant to management and use of public property.
– Public property evaluation.
– Lease out, sale, transfer, liquidation and destruction of public property.
– Consulting services.
– Other public property services.
Provision of public property services
– Organizations and individuals shall be entitled to provide public property services when they satisfy requirements stated in relevant regulations of law (if any).
– Provision of public property services shall comply with regulations of relevant law.
Utilization of public property services
– Authorities, organizations and other entities when carrying out investment in construction, purchase, lease, warranty, maintenance, capital contribution, lease out, joint venture, sale, transfer, liquidation, destruction of public property and other activities related to management and use of public property shall be eligible to hire organizations and individuals specified in Article 131 herein to provide public property services.
– Organizations and individuals that seek access to information and data on public property shall be entitled to request managing authorities to provide data and make payments for costs according to regulations of law.
Regulations on public property services
– Provision of information and data on public property.
– Selection of contractors and investors relevant to management and use of public property.
– Public property evaluation.
– Lease out, sale, transfer, liquidation and destruction of public property.
– Consulting services.
– Other public property services.
Provision of public property services
– Organizations and individuals shall be entitled to provide public property services when they satisfy requirements stated in relevant regulations of law (if any).
– Provision of public property services shall comply with regulations of relevant law.
Utilization of public property services
– Authorities, organizations and other entities when carrying out investment in construction, purchase, lease, warranty, maintenance, capital contribution, lease out, joint venture, sale, transfer, liquidation, destruction of public property and other activities related to management and use of public property shall be eligible to hire organizations and individuals specified in Article 131 herein to provide public property services.
– Organizations and individuals that seek access to information and data on public property shall be entitled to request managing authorities to provide data and make payments for costs according to regulations of law.
Publishing of information about public property
– Publishing of information about public property shall be carried out fully, promptly and accurately; otherwise actions against violations shall be taken.
– Published information shall include:
+ Legislative documents, standards, norms and administrative procedures for public property;
+ Construction investment, purchase, distribution, lease, use, withdrawal, transfer, utility conversion, sale, liquidation, destruction and other forms to dispose of public property;
+ Use of financial resources obtained from public property.
– Forms of publishing:
+ Publishing information about public property on websites of the Government, Ministry of Finance, ministries, ministerial authorities, governmental authorities, other central authorities and People’s Committees of provinces;
+ Making public lists and displaying them at workplaces of organizations that are assigned to manage and use public property;
+ Making announcements at meetings of organizations that are assigned to manage and use public property;
+ Other forms of publishing as prescribed by law.
– Responsibilities for publishing:
+ The Ministry of Finance shall publish information about public property nationwide;
+ Ministries, ministerial authorities, governmental authorities, other central authorities and People’s Committees of all levels shall publish information about public property within their scope of management;
+ Organizations that are assigned to manage and use public property shall publish information about public property within their scope of management and use;
+ State Audit Office of Vietnam shall publish information about auditing results of management and use of public property and other activities related to that as prescribed in regulations of the Law on State audit.
Please see more:
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- Service of changing the legal representative of Vietnamese enterprises
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Frequently asked questions
The State shall give priority to investment in capital, technical equipment, modern means and advanced technology for the construction, operation and maintenance of information systems on public property to ensure effective management of public property; encourage organizations and individuals to participate in the development of advanced technology and technical means to ensure the application of modern public property management methods.
The Ministry of Finance shall develop, manage and operate information systems on public property within its scope of management.
National database on public property shall apply nationwide and it is used to aggregate quantity, value and how to allocate all public property.
Conclusion: So the above is Information systems and national database on public property in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
