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Decree No. 42/2022/ND-CP of the Government regulates the provision of online public information and services by state agencies in the network environment

  • Perform: Ths.LS. Le Hai Yen (Translator: Linh Chi)
  • 21/07/2022

The Government issued Decree No. 42/2022/ND-CP on June 24, 2022, including some significant scopes as follows:

Decree 42/2022/ND-CP provides definitions as follows:

  • Public administrative services are services related to law enforcement activities, not-for-profit, granted by competent state agencies to organisations and individuals in the form of legally documents or in the form of performance results in the state agency management areas.
  • Online public services of state agencies are public administrative services and other services of state agencies provided to organisations and individuals in the network environment, etc. 

The Decree stipulates some information that must be publicized by state agencies on the network environment under current law, including:

  • Legal documents and administrative documents within the promulgation competence or assigned to preside over drafting;
  • International treaties to which the Socialist Republic of Vietnam is a signatory, international agreements to which Vietnam is a party.
  • Administrative procedures, information dissemination, guidance on the implementation of laws, regimes and policies under state agencies' management;
  • Information on the functions, tasks, authorities, organizational structure, and agency’s organizational chart and its affiliated units;
  • The annual financial statements are made public according to the provisions of the Law on Accounting; statistical information on the branches and domains under their management according to the provisions of the Law on Statistics; etc.

The Decree also stipulates information supply channels, including

  • State agencies’ Websites/Web portals are the unified and centralized information supply channels of state agencies in the network environment.

Based on specific conditions, state agencies deploy the following other channels of information supply to organizations and individuals in the network environment:

  • Ministry-level and provincial-level data portals;
  • Social networks permitted by state agencies to provide information on the network environment according to the provisions of law; Electronic mail (Email); Applications on mobile devices permitted by state agencies to provide information on the network environment; Telecom office.

The above information supply channels must meet the following requirements:

  • Ensures convenience across multiple access media, including mobile devices.
  • Allow organizations and individuals to evaluate online satisfaction with the information provided; ensure the confidentiality and privacy of evaluation organizations and individuals.
  • Ensure network information security; apply standards and technologies to assist persons with disabilities in accessing and using information and communication products and services; comply with technical regulations on providing information in the network environment, etc.

The Decree also stipulates the responsibilities of State agencies providing online public services at 02 levels as follows:

  • Full online public service: a service that guarantees to provide all information about administrative procedures, and the implementation and settlement of the administrative procedure are done in the network environment. The return of results is done online or through the public postal service.
  • Partially online public service: an online public service that does not meet the conditions specified in the regulations on full online public services.

In addition to the technical requirements for providing online public services, the Decree stipulates the state agencies responsible to provide online public services, such as

  • Reform the organizational model and work process to maximize the application of information technology and digital technology in providing online public services in the network environment.
  • Fair and non-discriminatory treatment when users access online public services on different supply channels.
  • Connecting supply channels so that users can access information on multiple different supply channels in one service use.
  • Be ready, proactive and timely to provide convenient, easy and fast online public services, towards personalization according to the needs of organizations and individuals, etc. 

This Decree takes effect from August 15, 2022, and replaces Decree No. 43/2011/ND-CP of the Government. For further details:

https://thuvienphapluat.vn/van-ban/Cong-nghe-thong-tin/Nghi-dinh-42-2022-ND-CP-cung-cap-thong-tin-dich-vu-cong-truc-tuyen-tren-moi-truong-mang-518831.aspx?newsid=41228&ui=09RVMk1UUXpPQTTV&pi=09pBeU1pMHdOeTB3TlMweE1TMHdOUTTW&ci=254985268