Decision No. 1699/QD-TTg dated October 20, 2009, of the Prime Minister on the establishment of a national database on administrative procedures

THE PRIME MINISTER

Decision No. 1699/QD-TTg of October 20, 2009, on the establishment of a national database on administrative procedures

THE PRIME MINISTER

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the Prime Minister’s Decision No. 30/QD-TTg of January 10, 2007, approving the Scheme on simplification of administrative procedures in state management domains during 2007-2010;

Pursuant to the Prime Minister’s Decision No. 07/QD-TTg of January 4, 2008, approving the Plan on the implementation of the Scheme on simplification of administrative procedures in state management domains during 2007-2010;

At the proposal of the Minister - Director of the Government Office - head of the Prime Minister’s Task Force for Administrative Procedures Reform,

DECIDES:

Article 1. To establish a national database on administrative procedures

1. The national database on administrative procedures is a system of information on administrative procedures and documents containing regulations on administrative procedures which is publicized on the Website on Administrative Procedures at the IP address http://www.thutuchanhchinh.vn.

2. The national database on administrative procedures is created on the basis of decisions on publicizing administrative procedures or procedures for settling affairs (below collectively referred to as administrative procedures) issued by:

a/ Ministers, heads of ministerial-level agencies;

b/ Chairpersons of provincial-level People’s Committees;

c/ General directors of the Vietnam Development Bank, the Vietnam Bank for Social Policies and the Vietnam Social Security and heads of other agencies as directed by the Prime Minister.

3. The national database on administrative procedures contains the following:

a/ Valid administrative procedures related to individuals and organizations, except those involving state secrets prescribed by law, which fall within the settling competence of central-, provincial-, district- and commune-level authorities;

b/ Administrative procedures which cease to be effective or are annulled or abolished;

c/ Documents providing for administrative procedures;

d/ Opinions of individuals and organizations on administrative procedures;

e/ Other contents as decided by the Prime Minister.

Article 2. Time limits for publicizing administrative procedures and updating the national database on administrative procedures

1. For newly established administrative procedures, within 10 days after documents providing for administrative procedures take effect, ministers, heads of ministerial-level agencies, chairpersons of provincial-level People’s Committees and general directors of the Vietnam Development Bank, the Vietnam Bank for Social Policies and the Vietnam Social Security shall issue decisions to publicize administrative procedures.

2. For administrative procedures already included in the national database on administrative procedures which are amended, supplemented or replaced, within 10 days after documents providing for administrative procedures take effect, ministers, heads of ministerial-level agencies, chairpersons of provincial-level People’s Committees and general directors of the Vietnam Development Bank, the Vietnam Bank for Social Policies and the Vietnam Social Security shall issue decisions to publicize modified, supplemented or replaced administrative procedures.

3. For administrative procedures already included in the national database on administrative procedures which cease to be valid because documents providing for these administrative procedures cease to be effective or are cancelled or annulled, within 10 days after documents providing for administrative procedures take effect, ministers, heads of ministerial-level agencies, chairpersons of provincial-level People’s Committees and general directors of the Vietnam Development Bank, the Vietnam Bank for Social Policies and the Vietnam Social Security shall issue decisions to publicize administrative procedures which cease to be valid.

4. For administrative procedures issued by competent state agencies but not yet included in the national database on administrative procedures or in case of difference between administrative procedures promulgated by competent state agencies and those publicized on the national database on administrative procedures, those issued by competent state agencies will prevail. Ministers, heads of ministerial-level agencies, chairpersons of provincial-level People’s Committees and general directors of the Vietnam Development Bank, the Vietnam Bank for Social Policies and the Vietnam Social Security shall issue decisions to publicize administrative procedures within 10 days after detecting the difference or unpublicized administrative procedures.

5. Ministers, heads of ministerial-level agencies, chairpersons of provincial-level People’s Committees and general directors of the Vietnam Development Bank, the Vietnam Bank for Social Policies and the Vietnam Social Security shall take responsibility for the accuracy of publicized documents and upload the full texts of these documents on the national database on administrative procedures within 5 days after the date of signing publicization decisions.

Article 3. Responsibilities of concerned agencies

1. The Government Office shall:

a/ Facilitate the operation of the national database on administrative procedures;

b/ Manage and guide the exploitation and use of the national database on administrative procedures;

c/ Guide ministries, ministerial-level agencies, provincial-level People’s Committees and other agencies to publicize administrative procedures, upload the publicized administrative procedures on, and remove those which are no longer valid from, the national database on administrative procedures;

d/ Supervise, urge, guide and make quarterly and irregular reports on the implementation of this Decision to the Prime Minister;

e/ Receive and assimilate recommendations on administrative procedures and their implementation sent by individuals and organizations via the Website on Administrative Procedures as prescribed by law.

2. Funds for the management, operation and maintenance of the national database on administrative procedures shall be allocated from the state budget and other support sources according to law.

3. Ministers, heads of ministerial-level agencies, chairpersons of provincial-level People’s Committees and directors of the Vietnam Development Bank, the Vietnam Bank for Social Policies and the Vietnam Social Security shall manage, adjust and update the status (validity or invalidity) of administrative procedures under their management which are included in the national database on administrative procedures through functional agencies, and comply with the coordination of the Government Office.

Article 4. Implementation provisions

1. This Decision takes effect on the date of its signing.

2. Ministers, heads of ministerial-level agencies, chairpersons of provincial-level People’s Committees, general directors of the Vietnam Development Bank, the Vietnam Bank for Social Policies and the Vietnam Social Security and concerned individuals and organizations shall implement this Decision.-

Prime Minister
NGUYEN TAN DUNG