Decision 31/2021/QD-TTg on management, operation, and exploitation of the National Public Service Portal

DECISION

Promulgating the Regulation on management, operation and exploitation of the National Public Service Portal^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the November 29, 2005 Law on E-Transactions;

Pursuant to the June 29, 2006 Law on Information Technology;

Pursuant to the November 19, 2015 Law on Cyberinformation Security;

Pursuant to the June 12, 2018 Law on Cyber Security;

Pursuant to the Government’s Decree No. 150/2016/ND-CP of November 11, 2016, defining the functions, tasks, powers and organizational structure of the Government Office;

Pursuant to the Government’s Decree No. 20/2008/ND-CP of February 14, 2008, on receipt and handling of reports and recommendations of individuals and organizations about administrative regulations;

Pursuant to the Government’s Decree No. 63/2010/ND-CP of June 8, 2010, on control of administrative procedures;

Pursuant to the Government’s Decree No. 92/2017/ND-CP of August 7, 2017, amending and supplementing a number of articles of the decrees concerning control of administrative procedures;

Pursuant to the Government’s Decree No. 61/2018/ND-CP of April 23, 2018, on implementation of single-window and inter-agency single-window mechanisms in settlement of administrative procedures;

Pursuant to the Government’s Decree No. 130/2018/ND-CP of September 27, 2018, detailing the implementation of the Law on E-Transactions regarding digital signatures and digital signature certification services;

Pursuant to the Government’s Decree No. 11/2020/ND-CP of January 20, 2020, providing administrative procedures in the field of state treasury;

Pursuant to the Government’s Decree No. 45/2020/ND-CP of April 8, 2020, on performance of administrative procedures in the electronic environment;

At the proposal of the Minister-Chairperson of the Government Office;

The Prime Minister promulgates the Decision promulgating the Regulation on management, operation and exploitation of the National Public Service Portal.

Article 1. To promulgate together with this Decision the Regulation on management, operation and exploitation of the National Public Service Portal.

Article 2. This Decision takes effect on December 9, 2021.

Article 3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and related agencies and organizations shall implement this Decision.-

For the Prime Minister
Deputy Prime Minister
VU DUC DAM

REGULATION

On management, operation and exploitation of the National Public
Service Portal

(Promulgated together with the Prime Minister’s Decision No. 31/2021/QD-TTg
of October 11, 2021)

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Regulation provides principles of, powers and responsibilities for, and methods of, management, operation and exploitation of the National Public Service Portal.

Article 2. Subjects of application

This Regulation applies to state agencies, organizations and individuals engaged in the management, operation and exploitation of information, services and utilities on the National Public Service Portal.

Article 3. Interpretation of terms

In this Regulation, the terms below are construed as follows:

1. Senior administrator accounts of ministries, sectors, agencies or localities means accounts registered by specialized digital certification devices issued by the Government to ministries, sectors or localities or by public digital certificates issued to service providers, that are granted the administrator powers by the Government Office to grant permissions for cadres, civil servants and public employees to perform different operations on the National Public Service Portal.

2. Single-sign-on means a mechanism that allows users to access different applications with a single account.

3. Security server for connecting the National Public Service Portal means a computer device installed with services for authentication and confidentiality of data sent and received on the National E-Document Exchange Platform integrating the Government’s specialized digital signature certification services that is issued by the Government Cipher Committee to and managed by ministries, sectors, agencies or localities to ensure the authenticity and insertion of digital signatures for encrypting data exchanged between the parties via the National E-Document Exchange Platform.

4. E-token means a physical device such as USB token, phone subscriber identity module (SIM), or electronic device that contains a subscriber’s digital certificate and private key.

5. T+n means the period for transfer of money to a public service provider’s account which is (n) working days counting from the trade date (T).

Article 4. Principles of management, operation and exploitation of the National Public Service Portal

1. The management, operation and exploitation of the National Public Service Portal must comply with regulations on control of administrative procedures, implementation of single-window and inter-agency single-window mechanisms, performance of e-transactions, information security, and protection of state secrets, and other relevant regulations, ensuring uninterrupted, economical, safe and effective performance of administrative procedures in the electronic environment and provision of online public services.

2. The organization of information on the National Public Service Portal must follow the user-centered approach. Information provided on the National Public Service Portal must be accurate, clear, and constantly and timely updated in accordance with current regulations. Information must be displayed in a scientific and user-friendly manner, and accessible and exploitable at any time.

3. The National Public Service Portal is connected smoothly and constantly with ministerial-/provincial-level public service portals and electronic single-window information systems, ensuring their round-the-clock operation.

4. The participation in the management, operation and exploitation of the National Public Service Portal must be based on competence and responsibility of participants in accordance with current regulations.

5. The exploitation and reuse of information of organizations and individuals in performance of administrative procedures and provision of online public services must comply with regulations on protection of personal information and data.

Article 5. Components of the National Public Service Portal

1. National Database on Administrative Procedures.

2. System for receiving and responding to reports and recommendations of organizations and individuals.

3. Electronic identification and authentication management system of the National Public Service Portal.

4. Online payment system.

5. System for evaluation of the settlement of administrative procedures by ministries, sectors and localities.

6. System supporting the response to common problems in the settlement of administrative procedures.

7. National Public Service Portal Interface.

8. Administrator system of the National Public Service Portal.

9. Other components as requested by the Government or Prime Minister.

Article 6. Shared data lists of the National Public Service Portal

Shared data lists of the National Public Service Portal shall be connected and shared with ministerial-/provincial-level public service portals and electronic single-window information systems, and information systems and databases serving settlement of administrative procedures, including:

1. List of administrative procedures;

2. List of online public services;

3. List of agencies;

4. List of administrative units;

5. List of sectors and fields;

6. List of results of settlement of administrative procedures;

7. List of state treasury units’ accounts opened at commercial banks;

8. List of revenues as financial obligations toward the state budget;

9. List of commercial banks and intermediary payment service providers;

10. Other lists as requested by the Prime Minister.

Article 7. Information provided on the National Public Service Portal

1. Information on administrative procedures, online public services, decisions on announcement of administrative procedures, and relevant legal documents.

2. Information providing instructions and questions-and-answers on performance of administrative procedures, provision of online public services, and performance of relevant financial obligations.

3. Information on and notices of receipt of dossiers and notification of results, instructions for completing and supplementing dossiers for settlement of administrative procedures, processing of dossiers of administrative procedures and provision of online public services.

4. Information on receipt and settlement of reports and recommendations in the performance of administrative procedures and provision of online public services by competent agencies, organizations and individuals.

5. Information on evaluation of the settlement of administrative procedures and provision of online public services; and survey of the satisfaction of agencies, organizations and individuals performing administrative procedures and providing online public services.

6. Information on reports, figures and statistics related to the settlement of administrative procedures and provision of other public services.

7. Information on addresses, phone numbers and emails for provision of instructions of agencies, cadres and civil servants competent to settle administrative procedures; information on managing agencies in charge of management and maintenance of the operation of public service portals; information on hotlines and assistance call centers.

8. Information on financial obligations and performance of financial obligations via the National Public Service Portal.

9. Information on public-utility postal services in performance of administrative procedures and provision of online public services.

10. Information on terms of use of the National Public Service Portal.

11. Other information as requested by the Government or Prime Minister.

Article 8. Rights and responsibilities of organizations and individuals when using services on the National Public Service Portal

1. To exploit information and use services provided on the National Public Service Portal in conformity with the level of security according to the form of authentication upon sign-on.

2. To take responsibility before law for information declared for account registration on the National Public Service Portal; to use the National Public Service Portal only for lawful purposes and take responsibility for all operations carried out via their accounts.

3. To manage their accounts and digital signatures and keep their account information and passwords confidential; in case their passwords are lost or stolen or upon detecting unauthorized users of their accounts, to promptly notify such to the Agency managing and operating the National Public Service Portal.

4. To take responsibility for all contents sent, registered and provided by organizations and individuals when using services and utilities on the National Public Service Portal and for other stakeholders before law.

5. To respond to requests of online public service providers and pay charges and fees (if any) in accordance with law for each type of online public service.

6. To comply with law in case of reusing information and contents on the National Public Service Portal for posting in the media.

7. Upon request of organizations and individuals, the National Public Service Portal shall share the former’s information and data available on the Portal to assist the performance of relevant administrative procedures and provision of relevant online public services in accordance with regulations on information provision.

Chapter II

REGISTRATION AND MANAGEMENT OF ACCOUNTS ON THE NATIONAL PUBLIC SERVICE PORTAL

Article 9. Registration of accounts

1. Organizations and individuals shall register their accounts on the National Public Service Portal under Clause 1, Article 7 of the Government’s Decree No. 45/2020/ND-CP of April 8, 2020, on performance of administrative procedures in the electronic environment.

2. Registration of accounts directly from the National Public Service Portal

Organizations and individuals may register their accounts directly on the National Public Service Portal when providing identification information by different registration methods, specifically as follows:

a/ Personal accounts shall be registered in one of the following forms: via mobile subscribers, Vietnam Social Security identification numbers, personal account numbers registered at commercial banks operating in Vietnam, or e-tokens, or other lawful forms;

b/ Organizations’ accounts shall be registered via e-tokens or other lawful forms.

3. Organizations and individuals may use accounts registered with electronic identification and authentication service providers to sign on to the National Public Service Portal.

The registration of accounts with electronic identification service providers must comply with regulations on electronic identification and authentication and civil agreements between organizations/individuals and service providers.

4. Accounts granted by the National Public Service Portal or identification and authentication systems connected to the National Public Service Portal must ensure at least the average level of identification in accordance with regulations on electronic identification and authentication.

Article 10. Forms of authentication on the National Public Service Portal and security levels

1. One-time password (OTP) authentication via short message services (SMS) or mobile applications, or other forms of authentication as specified by law.

2. Authentication with e-tokens at a high level of security.

 Article 11. Account sign-on for organizations and individuals

1. Account sign-on shall be carried out by the following methods:

a/ Use of people’s identity numbers or citizen identity numbers or passport numbers and user passwords combined with authentication with OTPs. This method applies only to individual accounts;

b/ Use of e-tokens combined with authentication with personal identification numbers (PINs) from devices. This method applies to individuals’ accounts and organizations’ accounts.

2. The Vietnam National Single Window and ministerial-/provincial-level public service portals and electronic single-window information systems shall carry out single-sign-on connection and integration with the National Public Service Portal, allowing organizations and individuals to choose the form of sign-on using the account of the National Public Service Portal when providing online public services.

3. After an organization or individual is successful with sign-on and authentication on the National Public Service Portal and performs online administrative procedures or provides online public services, ministerial-/provincial-level public service portals or relevant public service provision systems will not require repeated sign-on or authentication. In case the level of user authentication security for performing administrative procedures or providing public services is required to be higher than the level of security and authentication upon signing on to the National Public Service Portal, the organization or individual shall add authentication methods in conformity with the required level of security.

Article 12. Integration and sharing of identification and authentication data

1. The Ministry of Public Security, Ministry of Planning and Investment, Government Cipher Committee, Vietnam Social Security, and Ministry of Finance (General Department of Taxation) shall integrate and share information and data in databases and information systems under their management to serve information authentication. Telecommunications service providers and commercial banks operating in Vietnam shall integrate and share information on registered subscribers and bank account holders to serve authentication of identification information of organizations and individuals. Agencies carrying out information integration and sharing shall ensure uninterrupted and effective operation; and promptly coordinate with related agencies in dealing with incidents (if any).

2. The Ministry of Public Security, Ministry of Planning and Investment, Ministry of Finance (General Department of Taxation), Government Cipher Committee, Vietnam Social Security, and Vietnam Post Corporation shall connect identification systems of their agencies and units with the National Public Service Portal; take responsibility for the authenticity of identification information; ensure uninterrupted and efficient operation; and promptly coordinate with related agencies in dealing with incidents (if any).

3. Other organizations providing electronic identification and authentication services shall comply with regulations on electronic identification and authentication and connection to the National Public Service Portal.

Article 13. Management of account-related issues

1. In case identification information of an account is inaccurate or there is an account-related complaint, the account holder shall send a notice thereof to the assistance call center. Within 24 working hours after receiving the notice, the National Public Service Portal shall inform it to related parties for coordinated processing and notify processing results to the account holder within 48 working hours after receiving information for official processing.

2. Within 2 years from the last sign-on, if there is no activity performed on the account of an organization or individual on the National Public Service Portal, the assistance system shall notify the organization or individual of the account lockout via SMS or email. The notification shall be made once a month for 2 successive months. After the last notification, the National Public Service Portal shall lock the registered account.

If wishing to recover its/his/her account, the organization or individual shall make declarations on the National Public Service Portal. A request for account recovery shall be settled and the settlement results shall be sent to the organization or individual within 8 working hours by the method of communication registered by the organization or individual.

3. The National Public Service Portal shall lock the registered account of an organization or individual when relevant information is notified, integrated and shared, in case the organization terminates its operation in accordance with law or the individual dies or is declared dead or missing by a competent agency.

Chapter III

MANAGEMENT, UPDATING AND EXPLOITATION OF THE NATIONAL DATABASE ON ADMINISTRATIVE PROCEDURES

Article 14. Contents to be updated and posted on the National Database on Administrative Procedures

1. Decisions on announcement of administrative procedures and lists of administrative procedures of competent authorities.

2. Administrative procedures falling within the scope and function of state management and scope of settlement by ministries, ministerial-level agencies, Vietnam Social Security, Vietnam Bank for Social Policies, and Vietnam Development Bank (below collectively referred to as ministries and agencies), and localities.

3. Online public services provided by ministries, agencies and localities on the National Public Service Portal.

4. Shared data lists updated and posted on the National Database on Administrative Procedures as mentioned in Clauses 1 thru 6, Article 6 of this Regulation.

Article 15. Responsibility for updating and posting administrative procedure data

1. Ministries, agencies and provincial-level People’s Committees shall update the contents specified in Article 14 of this Regulation; connect and integrate administrative procedure data on the National Database on Administrative Procedures with ministerial-/provincial-level portals or public service portals, specifically as follows:

a/ Ministries and ministerial-level agencies shall update decisions on announcement and contents of administrative procedures within their scope of state management and settlement as announced by ministers or heads of ministerial-level agencies; online public services provided by ministries and agencies on the National Public Service Portal and the shared data lists referred to in Clauses 1 thru 6, Article 6 of this Regulation.

Offices of ministries and ministerial-level agencies (focal-point units for administrative procedure control) shall assist ministers and heads of ministerial-level agencies in organizing the updating and posting of data or grant permissions for departments, agencies/directorates/authorities and attached units to act as users; and urge, guide and inspect the updating of data at ministries and agencies;

b/ Provincial-level People’s Committees shall organize the updating of decisions on announcement and contents of administrative procedures as assigned to them to provide in accordance with law or assigned to them in accordance with legal documents of administrations at all levels in provinces or centrally run cities to provide in detail; localize administrative procedure data under decisions on announcement of lists of administrative procedures that fall within the settlement competence of administrations at all levels in provinces or centrally run cities and have been publicly announced and posted by ministries and ministerial-level agencies on the National Database on Administrative Procedures; online public services provided by administrations at all levels in provinces or centrally run cities on the National Public Service Portal, and the shared data lists referred to in Clauses 2, 3, 4 and 6, Article 6 of this Regulation.

The Office of a provincial-level People’s Committee shall assist the provincial-level People’s Committee in organizing the updating and posting of data or grant permissions for departments and sectors to act as users; and urge, guide and inspecting the updating of data;

c/ The Vietnam Social Security, Vietnam Bank for Social Policies, and Vietnam Development Bank shall update decisions on announcement of administrative procedures and procedures for settlement of affairs; and online public services provided by their agencies on the National Public Service Portal and the shared data lists referred to in Clauses 1, 2, 3, 5 and 6, Article 6 of this Regulations.

The organizations controlling affair settlement procedures of the Vietnam Social Security, Vietnam Bank for Social Policies and Vietnam Development Bank shall assist the Chief Executive Officers of such agencies in organizing the updating and posting of data or grant permissions for attached units to update and post data, and urge, guide and inspect such units in data updating.

2. Time limits for updating and posting administrative procedure data for posting on the National Database on Administrative Procedures must comply with Article 24 of the Government’s Decree No. 63/2010/ND-CP of June 8, 2010, on control of administrative procedures, which was revised.

The shared data lists referred to in Clauses 3, 4 and 5, Article 6 of this Regulation shall be updated as soon as regulatory documents or decisions of competent authorities take effect.

3. The Government Office shall guide, inspect and urge ministries, ministerial-level agencies, Vietnam Social Security, Vietnam Bank for Social Policies, Vietnam Development Bank, and provincial-level People’s Committees to perform the updating mentioned in Clauses 1 and 2 of this Article.

Article 16. Process of updating and publicizing administrative procedure data

Ministries, agencies and provincial-level People’s Committees shall update and publicize administrative procedure data in the following process:

1. Using senior administrator accounts to grant permissions for civil servants and public employees to update and publicize administrative procedure data and online public services.

2. Signing on to the National Database on Administrative Procedures (https://csdl.dichvucong.gov.vn) with permitted accounts.

3. Updating decisions on announcement of administrative procedures and contents of administrative procedures already announced by competent authorities under regulations to the National Database on Administrative Procedures under Articles 17 thru 20 of this Regulation.

4. Checking, reviewing and collating to ensure the completeness and accuracy of administrative procedure data updated to the National Database on Administrative Procedures, for administrative procedures mentioned in the decisions on announcement of administrative procedures.

5. Publicizing decisions on announcement of administrative procedures and contents of administrative procedures updated on the National Public Service Portal.

6. Adding methods of provision of online public services, for qualified administrative procedures provided at ministerial-level public service portals.

Article 17. Updating of newly issued administrative procedures

1. Ministries and agencies shall update decisions on announcement of administrative procedures, spheres of administrative procedures to be announced, and detailed contents of administrative procedures under announcement decisions of competent authorities to the National Database on Administrative Procedures.

2. Provincial-level People’s Committees shall update decisions on announcement of lists and spheres of administrative procedures to be announced, seek and add to such lists the administrative procedures already announced and publicized by ministries and agencies on the National Database on Administrative Procedures; and update modified information related to the time and place of performance of administrative procedures, levels and names of agencies performing and agencies authorized to perform administrative procedures, charges, fees, and detailing documents that provincial-level authorities are competent to promulgate.

For administrative procedures assigned under the National Assembly’s laws or resolutions to provincial-level authorities to provide detailed regulations; and administrative procedures for implementing measures suitable to local socio-economic development conditions, provincial-level People’s Committees shall update decisions on announcement of administrative procedures, spheres of administrative procedures to be announced, and detailed contents of administrative procedures under announcement decisions of competent authorities to the National Database on Administrative Procedures.

3. Ministries, agencies and provincial-level People’s Committees shall check, review and collate to ensure the completeness and accuracy of administrative procedure data already updated and publicized on the National Public Service Portal according to Clause 4, Article 16 of this Regulation.

Article 18. Updating of modified administrative procedures

1. Ministries and agencies shall update decisions on announcement of administrative procedures, and spheres of administrative procedures to be announced; seek and additionally list the administrative procedures in need of modification; and modify and store administrative procedures according to contents of decisions announced by competent authorities.

2. Provincial-level People’s Committees shall update decisions on announcement of lists and spheres of administrative procedures to be modified; seek and add to such lists the administrative procedures already announced and updated by ministries and agencies on the National Database on Administrative Procedures in order to modify and store administrative procedures according to the contents of decisions announced by competent authorities.

 For administrative procedures assigned under laws or the National Assembly’s resolutions to provincial-level authorities to provide detailed regulations; and administrative procedures for implementing measures suitable to local socio-economic development conditions, provincial-level People’s Committees shall update decisions on announcement of administrative procedures and spheres of administrative procedures to be modified; and modify and store administrative procedures under decisions announced by competent authorities.

3. Ministries, agencies and provincial-level People’s Committees shall check, review and collate to ensure the completeness and accuracy of administrative procedure data updated and publicized on the National Public Service Portal under Clause 4, Article 16 of this Regulation.

Article 19. Updating of abolished administrative procedures

1. Ministries and agencies shall update decisions on announcement of administrative procedures and lists and spheres of administrative procedures to be announced; seek and add to such lists the administrative procedures to be abolished; and publicize decisions on announcement of abolished administrative procedures and the abolished administrative procedures on the National Public Service Portal.

After ministries and agencies publicize decisions on announcement of abolished administrative procedures, information on administrative procedures performed in localities shall automatically be abolished on the National Database on Administrative Procedures.

2. For administrative procedures assigned under laws or the National Assembly’s resolutions to provincial-level authorities to provide detailed regulations; and administrative procedures for implementing measures suitable to local socio-economic development conditions, provincial-level People’s Committees shall update decisions on announcement of administrative procedures and lists and spheres of announced administrative procedures; seek and add to such lists the administrative procedures to be abolished; and publish decisions on announcement of abolished administrative procedures and the abolished administrative procedures on the National Public Service Portal.

Article 20. Updating of groups of administrative procedures performed in the interoperability process

1. Ministries and agencies shall update decisions on announcement of administrative procedures and select spheres of administrative procedures performed in the interoperability process; seek and additionally list the administrative procedures to be performed in the interoperability process; and update detailed contents under announcement decisions of competent authorities to the National Database on Administrative Procedures.

2. Provincial-level People’s Committees shall update administrative procedures performed in the interoperability process that have been announced and updated by ministries and agencies on the National Database on Administrative Procedures under Articles 15, 16 and 17 of this Regulation.

For administrative procedures performed in the interoperability process in localities that are announced by chairpersons of provincial-level People’s Committees, provincial-level People’s Committees shall update decisions on announcement of administrative procedures and select spheres of administrative procedures performed in the interoperability process; seek and additionally list the administrative procedures to be performed in the interoperability process; and update detailed contents under announcement decisions of competent authorities to the National Database on Administrative Procedures.

3. Ministries, agencies and provincial-level People’s Committees shall check, review and compare to ensure the completeness and accuracy of data of administrative procedures performed in the interoperability process that have been updated and publicized on the National Public Service Portal under Clause 4, Article 16 of this Regulation.

Article 21. Updating of performance of administrative procedures in the electronic environment through provision of online public services of levels 3 and 4

1. Ministries, agencies and provincial-level People’s Committees shall select, update and test administrative procedures that have been reviewed and restructured to meet the requirements specified in Chapter IV of this Regulation in order to provide the performance of such administrative procedures in the electronic environment via online public services on ministerial-/provincial-level public service portals and the National Public Service Portal.

2. The Government Office shall review, and coordinate with other in testing, public services of ministries, agencies and localities, ensuring satisfaction of requirements on administrative procedures to be performed in the electronic environment under the Government’s Decree No. 45/2020/ND-CP of April 8, 2020, on performance of administrative procedures in the electronic environment, and Chapter IV of this Regulation, and publicize such services on the National Public Service Portal.

Article 22. Formulation of sets of questions/answers on common problems in the settlement of administrative procedures

1. Ministries, ministerial-level agencies and Vietnam Social Security shall formulate questions and answers on common problems in the settlement of administrative procedures in sectors and fields under ministries’ or sectors’ management in association with affairs and events in the life of organizations and individuals and provide such questions and answers on the National Public Service Portal via administrator accounts granted to ministries, ministerial-level agencies and Vietnam Social Security.

2. Ministries, ministerial-level agencies and Vietnam Social Security shall update information on questions and answers, ensuring timeliness, accuracy and consistency with the contents of effective administrative procedures and take responsibility for the accuracy of contents of questions and answers.

3. Ministerial-/provincial-level public service portals shall integrate sets of questions/answers on common problems in the settlement of administrative procedures by sector and field from the National Public Service Portal.

Article 23. Connection and integration of administrative procedure data on the National Database on Administrative Procedures with ministerial-/provincial-level public service portals

1. Ministerial-/provincial-level portals, public service portals and electronic single-window information systems shall be connected and integrated with the National Public Service Portal for retrieving and synchronizing administrative procedure data.

2. Administrative procedure information and data available on ministerial-/provincial-level portals, public service portals and electronic single-window information systems shall be synchronized from the National Database on Administrative Procedures to ensure that announcement decisions of competent authorities are accurate and updated; it is not allowed to develop or maintain functions of updating administrative procedure information and data on ministerial-/provincial-level portals, public service portals and electronic single-window information systems.

Data extracted from electronic single-window information systems are official data to be used for reporting and statistical work and for analyzing and evaluating how promptly each agency, unit or locality processes dossiers for settlement of administrative procedures.

3. The Government Office shall guide, inspect and urge the connection and integration of administrative procedure data on the National Database on Administrative Procedures with ministerial-/provincial-level portals, public service portals, and electronic single-window information systems.

Ministries and agencies shall ensure the maintenance of connection between the National Database on Administrative Procedures and ministerial-/provincial-level portals, public service portals and electronic single-window information systems under Clause 2 of this Article.

Article 24. Review and evaluation of quality of administrative procedure data on the National Database on Administrative Procedures

1. The quality of administrative procedure data on the National Database on Administrative Procedures shall be reviewed and evaluated based on the following criteria:

a/ Adequacy in terms of the number and data contents of administrative procedures that have been publicized on the National Database on Administrative Procedures against the number and components of administrative procedures mentioned in decisions on announcement of administrative procedures and legal documents containing provisions on administrative procedures and the requirements specified in Clause 2, Article 8 of the Government’s Decree No. 63/2010/ND-CP of June 8, 2010, on control of administrative procedures, which was revised;

b/ Accuracy in terms of contents of administrative procedure data that have been publicized on the National Database on Administrative Procedures against the contents of administrative procedures mentioned in decisions on announcement of administrative procedures and legal documents containing provisions on administrative procedures;

c/ Time limit for announcement and posting of administrative procedures against the time limit specified in Articles 15 and 24 of the Government’s Decree No. 63/2010/ND-CP of June 8, 2010, on control of administrative procedures, which was revised.

2. Responsibility for reviewing and evaluating quality of administrative procedure data on the National Database on Administrative Procedures

a/ The Government Office shall assume the prime responsibility for reviewing and independently evaluating the quality of administrative procedures that have been updated and posted by ministries, ministerial-level agencies, Vietnam Social Security, Vietnam Bank for Social Policies, Vietnam Development Bank, and provincial-level People’s Committees on the National Database on Administrative Procedures.

In case administrative procedure data posted on the National Database on Administrative Procedures fail to comply with Clause 1 of this Article, ministries, ministerial-level agencies, Vietnam Social Security, Vietnam Bank for Social Policies, Vietnam Development Bank, and provincial-level People’s Committees shall adjust, modify or finalize such data within 10 working days after receiving a request from the Government Office. Results of the review and evaluation of quality of administrative procedure data shall be publicized on the National Public Service Portal and summed up for reporting to the Prime Minister.

b/ Offices of ministries and ministerial-level agencies and Offices of provincial-level People’s Committees shall assist ministers, heads of ministerial-level agencies and chairpersons of provincial-level People’s Committees in reviewing administrative procedure data that have been updated and posted by ministries, ministerial-level agencies and provincial-level People’s Committees on the National Database on Administrative Procedures; and periodically send sum-up reports to ministers, heads of ministerial-level agencies and chairpersons of provincial-level People’s Committees.

Article 25. Powers and responsibilities of agencies and organizations receiving and settling administrative procedures in exploitation and use of administrative procedure data on the National Database on Administrative Procedures

1. To exploit and use administrative procedure data posted on the National Database on Administrative Procedures for publicization of such data at offices of agencies and units receiving and settling administrative procedures within the ambit of their assigned functions and powers and integrate such data with ministerial-/provincial-level public service portals and electronic single-window information systems for settlement of administrative procedures.

2. To receive and process dossiers for organizations and individuals in case such organizations and individuals fully meet the requirements on dossiers, application forms and administrative declaration forms in accordance with regulations on administrative procedures posted on the National Database on Administrative Procedures; to refrain from adding any contents on administrative procedures other than those posted on the National Database of Administrative Procedures.

3. When detecting  administrative procedures that have become effective but have not been announced or publicized, or that have been announced or publicized but are neither accurate nor complete, or that have expired or been abolished or annulled but are still posted or are no longer necessary, reasonable and lawful, agencies and organizations settling administrative procedures shall notify such and send feedback to Offices of ministries and ministerial-level agencies, Vietnam Social Security, Vietnam Bank for Social Policies, Vietnam Development Bank, Offices of provincial-level People’s Committees, or the Administrative Procedure Control Agency under the Government Office for prompt handling.

Chapter IV

INTEGRATION AND PROVISION OF ONLINE PUBLIC SERVICES ON THE NATIONAL PUBLIC SERVICE PORTAL

Article 26. Restructuring of the process of administrative procedures

1. The process of administrative procedures shall be restructured as a basis for building or completion before integrating and providing online public services on the National Public Service Portal.

2. The restructuring of the process of administrative procedures for building or completing public service provision systems and integrating and providing online public services on the National Public Service Portal must follow the steps below:

a/  Reviewing, evaluating and identifying what administrative procedures are appropriate for provision of online public services at levels 3 and 4 and annually publicizing the list of public services integrated and provided on the National Public Service Portal. 

b/ Analyzing and evaluating the actual process of performing administrative procedures and providing public services.

c/ Identifying systems and databases related to the process of performing administrative procedures and organizing the review and evaluation of connectivity, data sharing, digitization of records and papers, electronic interoperability, and effectiveness and performance of public service provision systems, as a basis for simplifying administrative procedures, reducing dossiers and papers to be provided, reducing travel and direct contact of subjects performing administrative procedures, and reducing steps requiring direct or manual processing by agencies and units in the course of receiving and settling administrative procedures and providing public services.

d/ Evaluating the effectiveness and approving restructuring plans to build or complete public service provision systems.

3. The Government Office shall guide the restructuring of process of administrative procedures referred to in Clause 2 of this Article.

Article 27. Process of integrating and testing the provision of online public services on the National Public Service Portal

1. Ministries, sectors and localities shall provide sufficient, accurate and timely information on online public services at levels 3 and 4 that they are currently providing on the National Database on Administrative Procedures.

2. Based on their implementation plans and capacity, ministries, sectors and localities shall propose publicity of online public services at levels 3 and 4 for testing integration and provision of services on the National Public Service Portal.

3. Within 2 working days after receiving proposals of ministries, sectors and localities, the Government Office shall review and publicize public services. In case public services fail to meet the law-specified requirements, the Government Office shall clearly state the reason and send them back to ministries, sectors and localities for checking and improvement.

4. Within 5 working days, ministries, sectors and localities shall test publicized public services. Testing results shall be summarized and sent to the Government Office on the administrator system with the following information: names of public services; and codes of records of tested online public services.

5. Within 2 working days, the Government Office shall coordinate with related agencies in certifying results of testing carried out by ministries, sectors and localities. For tested public services, to remain the status of publicity on the National Public Service Portal and finish the integrated testing process. For public services, of which the testing has not been completed, the Government Office shall remove the status of publicity on the Portal and notify such to ministries, sectors and localities for completion.

Article 28. Integration and provision of online public services

1. Information on online public services shall be provided in the National Database on Administrative Procedures.

2. Based on the list of public services annually integrated and provided on the National Public Service Portal, public service providers shall assume the prime responsibility for, and coordinate with the Government Office in, integrating and testing services before officially providing services on the National Public Service Portal.

3. Public service providers shall guarantee quality of online public services provided on the National Public Service Portal under Article 29 of this Regulation, and such provision shall be regularly evaluated to improve quality of services for organizations and individuals.

4. Based on results of the review and evaluation of quality of online public services and reports and recommendations of organizations and individuals, the Government Office shall announce suspension or termination of the provision of inferior-quality online public services on the National Public Service Portal and request service providers to modify, complete and improve services before resuming their provision. Records of services provided on the National Public Service Portal before the service provision suspension or termination shall be further processed to meet law-specified quality requirements.

Article 29. Quality requirements for online public services provided on the National Public Service Portal

1. Online public services provided on the National Public Service Portal must be more simple, convenient, and cost- and time-efficient than services provided in person or by public postal service.

2. The level of services shall be guaranteed throughout the course of service provision as declared, and shall be integrated under regulations on ranking of levels of online public services provided in the electronic environment.

3. The time limit for and results of the settlement of online public services must comply with law or administrative procedures announced and publicized on the National Public Service Portal.

4. Technical infrastructure must ensure uninterrupted operation throughout the course of service provision. In case of incidents, service providers shall promptly handle them so as not to affect the timeliness and quality of services.

5. Information security and personal data protection shall be guaranteed in accordance with current regulations.

 Article 30. Synchronization of dossiers for settlement of administrative procedures or provision of online public services to the National Public Service Portal

1. The National Public Service Portal shall receive information on synchronization of dossiers for settlement of administrative procedures or provision of online public services from ministerial-/provincial-level electronic single-window information systems.

2. The synchronization shall be automatically carried out with a frequency suitable to capacity of the National Public Service Portal and upon request when organizations or individuals check the status of settlement of administrative procedures or provision of online public services via the account of the National Public Service Portal.

3. Information to be synchronized to the National Public Service Portal from ministerial-/provincial-level public service portals and electronic single-window e-information systems includes:

a/ Synchronized information on dossiers and lists of, links to dossier components, and results of settlement of administrative procedures;

b/ Synchronized information on progress of processing of dossiers for settlement of administrative procedures;

c/ Synchronized statistical data on status of processing of administrative procedure dossiers by ministries, sectors and localities;

d/ Synchronized data on surveys of consumer opinions on quality of settlement of administrative procedures and provision of online public services by ministries, sectors and localities;

dd/ Synchronized information on sending and receipt of dossiers by the public postal service;

e/ Synchronized information on payment of charges and fees and fulfillment of financial obligations;

g/ Synchronized information on response to inquiries of organizations and individuals.

Article 31. Integration and management of information in e-data warehouses of organizations and individuals on the National Public Service Portal

1. E-data warehouses of organizations and individuals that are account holders on the National Public Service Portal store the following information:

a/ Vital information on citizens integrated from the National Population Database; and vital information on enterprises integrated from the National Business Registration Database. Such information shall be updated and synchronized with a frequency suitable to capacity of the National Public Service Portal with the National Population Database and National Business Registration Database or synchronized at the request of organizations or individuals that are account
holders;

b/ Links to results of settlement of administrative procedures by ministries, agencies and localities in their management systems;

c/ Results of settlement of administrative procedures or provision of public services carried out via the National Public Service Portal;

d/ Information available on ministerial-/provincial-level public service portals synchronized with the National Public Service Portal;

dd/ Components of dossiers for settlement of administrative procedures that have been received and successfully processed by competent agencies and consented by organizations and individuals to be stored;

e/ Other information and documents willingly provided by organizations and individuals.

2. Information specified at Points a, b, c and d, Clause 1 of this Article may only be modified or removed with consents of organizations and individuals that perform or settle administrative procedures.

3. Information specified at Points dd and e, Clause 1 of this Article may be removed at the request of organizations and individuals.

Article 32. Evaluation of settlement of administrative procedures and provision of public services

1. Evaluation, classification and rating of results of settlement of administrative procedures and provision of public services by ministries, sectors and localities in accordance with the Government’s Decree No. 61/2018/ND-CP of April 23, 2018, on implementation of single-window or inter-agency single-window mechanisms in settlement of administrative procedures, shall be automatically carried out on the following bases:

a/ Results of connection and integration between ministerial-/provincial-level public service portals and electronic single-window information systems and the National Public Service Portal;

b/ Data on administrative procedures; online public services; online payment; online dossier receipt and processing; results of synchronization of dossier status; receipt and processing of reports and recommendations; and evaluation of satisfaction of organizations and individuals about the dossier processing on the National Public Service Portal;

c/ Other requirements as directed by the Government and Prime Minister.

2. Evaluation results shall be classified by score and rated as one of the five levels of excellent, good, fairly good, average, and poor.

3. Results of evaluation of the settlement of administrative procedures and provision of public services shall be annually announced and publicized to serve as a basis for ministries, sectors and localities to evaluate performance of tasks by their attached agencies and units.

4. The Government Office shall guide e-evaluation methods and develop and operate the National Public Service Portal’s function of evaluation of the settlement of administrative procedures and provision of public services.

Chapter V

ONLINE PAYMENT VIA THE NATIONAL PUBLIC SERVICE PORTAL

Article 33. Online payment process

1. Organizations and individuals shall pay charges, fees, taxes and fulfill other financial obligations (if any) for settlement of administrative procedures or provision of public services via the online payment function of the National Public Service Portal by one of the following modes:

a/ Making payments via ministerial-/provincial-level public service portals and choosing the online payment system of the National Public Service Portal integrated with such ministerial-/provincial-level public service portals;

b/ Directly making payments or providing public services online and choosing the online payment system on the National Public Service Portal.

2. Direct online payment on the National Public Service Portal

a/ Organizations and individuals shall choose types of payment transactions and fill in required information;

b/ Based on information required for payment connected and shared by public service providers with the National Public Service Portal, organizations and individuals shall follow the payment process under Clause 5 of this Article.

3. Online payment for online dossiers submitted via the National Public Service Portal

a/ Organizations and individuals shall choose online payment services and submit their online dossiers under instructions;

b/ Based on payment requests in the course of submission of online dossiers, organizations and individuals shall choose making payments on the online payment system of the National Public Service Portal;

c/ Organizations and individuals shall follow the payment process under Clause 5 of this Article.

4. Online payment via ministerial-/provincial-level public service portals

a/ Organizations and individuals shall submit their online dossiers or search codes of dossiers for settlement of administrative dossiers on ministerial-/provincial-level public service portals;

b/ Based on payment requests, organizations and individuals shall choose making payments on the online payment system of the National Public Service Portal;

c/ Organizations and individuals shall follow the payment process under Clause 5 of this Article.

5. Payment process

a/ Organizations and individuals shall select commercial banks or intermediary payment service providers that have been connected or integrated with the online payment system of the National Public Service Portal to make payments;

b/ Documents on state budget remittance or social insurance premium payment bearing digital signatures of commercial banks or intermediary payment service providers and information on successful deductions from accounts of remitters/payers to fulfill financial obligations into the state budget or pay social insurance premiums shall be sent to such remitters/payers, public service providers and related agencies and organizations (if any); and at the same time, information on payment status and data shall be synchronized to the online payment system of the National Public Service Portal right after money amounts are deducted from accounts of remitters/payers;

c/ The time when organizations and individuals are regarded to have completed payment of taxes, charges and fees or fulfillment of other financial obligations (if any) for their payment transactions and paid money amounts is when they receive notices of successful transactions from commercial banks or intermediary payment service providers for such payment transactions and money amounts;

d/ Based on documents on state budget remittance or social insurance premium payment bearing digital signatures of commercial banks or intermediary payment service providers and information on successful deductions from accounts of remitters/payers to fulfill financial obligations into the state budget or pay social insurance premiums, public service providers shall carry out subsequent steps in settling administrative procedures or providing public services for organizations and individuals.

Article 34. Requirements on quality of online payment services

1. Payment information and data shall be provided to organizations and individuals in an accurate, adequate and timely manner within the announced scope of public service provision.

2. Online payment via the online payment function of the National Public Service Portal shall be carried out in a more simple, convenient, accurate, uninterrupted and time-efficient manner than direct payment modes.

3. Online payment documents bearing digital signatures and online payment results are valid for carrying out subsequent steps in the settlement of administrative procedures or provision of public services for organizations and individuals under the Government’s Decree No. 11/2020/ND-CP of January 20, 2020, on administrative procedures in the field of state treasury, and Decree No. 45/2020/ND-CP of April 8, 2020, on implementation of administrative procedures in the electronic environment.

4. Online payment-related problems and shortcomings of organizations and individuals shall be promptly resolved and remedied.

Article 35. Integration, connection and provision of online payment services

1. Ministries, sectors and localities shall integrate, connect and share in an accurate, timely and adequate manner information and data related to requirements on fulfillment of financial obligations with the online payment system of the National Public Service Portal for collection of charges, fees and taxes and fulfillment of other financial obligations in the settlement of administrative procedures and provision of public services.

Ministries, sectors and localities shall publicize information on their focal-point units coordinating with commercial banks or intermediary payment service providers and related agencies and units on the National Public Service Portal as a basis for coordinated performance of payment and account-finalization operations, checking, and settlement of complaints.

2. Commercial banks or intermediary payment service providers that have been licensed by the State Bank of Vietnam shall carry out integration and connection with the online payment system of the National Public Service Portal for provision of services of payment of charges, fees and taxes and fulfillment of other financial obligations in the settlement of administrative procedures and provision of public services for organizations and individuals.    

3. Connection and sharing of payment information and data

a/ Public service providers shall connect and share payment information and data with the online payment system of the National Public Service Portal as required by types of payment transactions.

b/ Payment information and data shall be shared for each specific payment transaction on the basis of connection and integration between public service provision systems of agencies and units and the online payment system of the National Public Service Portal.

c/ Payment information and data serve as a basis for organizations and individuals to make payments and for commercial banks or intermediary payment service providers to provide payments services to organizations and individuals.

4. E-payment by commercial banks or intermediary payment service providers to public service providers’ beneficiary accounts opened at commercial banks or state treasury offices shall be made as follows:

a/ No later than T+2, except cases of inter-bank e-payment which must comply with regulations on working time applicable to the inter-bank e-payment system. In case of execution of payment orders later than the time specified in this Clause, payers shall be fined for late payment under regulations of public service providers.

Particularly for tax and social insurance premiums, within 8 working hours after receiving tax or insurance premium amounts from organizations or individuals, the recipients shall transfer such amounts in accordance with relevant regulations.

b/ Contents of payment orders must comply with law and guidance of public service providers.

5. Ministries, sectors and localities that are competent to settle administrative procedures or provide public services shall coordinate with commercial banks or intermediary payment service providers in making connection and integration and organize provision of online payment services for financial obligations for administrative procedures or public services falling within their respective competence; carry out daily cross-checking to ensure data matching between related parties, and in case of a disparity, urge the parties to identify causes and coordinate with one another in handling it under regulations; and synchronize payment status and results to the online payment system of the National Public Service Portal.

6. Integration, connection and sharing of payment information and data between commercial banks or state treasury offices where public service providers open their beneficiary accounts and such public service providers shall be carried out under agreements between them.

7. Based on the results of review and evaluation of online payment service quality and reports and recommendations of organizations and individuals, the Government Office shall notify suspension or termination of the provision of online payment services on the National Public Service Portal for commercial banks or intermediary payment service providers that fail to meet quality requirements and request such commercial banks or intermediary payment service providers to revise and improve service quality before resuming the service provision. Before the suspension or termination of service provision, payment transactions shall continue to be processed to meet quality requirements under regulations.

8. Technical standards on connection and integration with the online payment system of the National Public Service Portal must comply with the relevant technical instructions of the Government Office.

Article 36. Collation and checking of online payment data

1. Type codes of payment transactions conducted via the online payment system of the National Public Service Portal is structured as follows:

G22.99.<symbol of payment transaction type>.

Symbols of payment transaction types must comply with the relevant technical instructions of the Government Office mentioned in Clause 8, Article 35 of this Regulation.

2. On a daily basis, public service providers and commercial banks or intermediary payment service providers shall collate and check payment data via the online payment system of the National Public Service Portal with administrator accounts granted to them.   

3. The online payment system of the National Public Service Portal shall assist data collation and checking based on the following contents:

a/ Public service providers.

b/ Payment service providers.

c/ Payment transaction types.

d/ Summaries or details of payment transactions, and status and results of processing of and money amounts involved in payment transactions.        

dd/ Time needed for checking and collation.

4. Checking and collation relations are as follows:

a/ Transactions recorded on the online payment system of the National Public Service Portal against those recorded on systems of commercial banks or intermediary payment service providers.

b/ Transactions that have successfully executed payment orders of commercial banks or intermediary payment service providers against successful transactions as recorded by public service providers.

c/ Successful transactions recorded on the online payment system of the National Public Service Portal against those recorded on systems of public service providers.

d/ Checking and collation of public service providers’ beneficiary accounts opened at commercial banks or state treasury offices and public service providers must comply with competent agencies’ regulations on opening and use of accounts and agreements between the two parties.

5. In case of a disparity detected through checking and collation, related parties shall identify causes and coordinate with each other in definitely handling it within 2 working days.

6. Refund of money to organizations and individuals

a/ Commercial banks or intermediary payment service providers shall refund money to organizations and individuals in case they detect overpayments through checking and collation.

b/ In case organizations or individuals make requests for refund of money, commercial banks or intermediary payment service providers shall carry out checking and collation and make refunds if such requests are grounded and fall under their responsibility. In case such requests are grounded but fall under the responsibility of public service providers, they shall be transferred to such providers for handling and refund of money to the requesting organizations or individuals. The time limit for checking and collation and refund of money or making replies to the requesting organizations or individuals is 5 working days after receiving their requests.

c/ In other cases, public service providers shall carry out checking and collation to detect errors and coordinate with commercial banks or intermediary payment service providers or state treasury offices in making refunds to organizations or individuals.

Article 37. Responsibilities of commercial banks and intermediary payment service providers that provide payment services

1. To connect, integrate and provide online payment services on the National Public Service Portal meeting online payment service quality requirements.

2. To conform to technical standards on data connection, integration and synchronization under technical instructions of the Government Office; to coordinate with the Government Office and public service providers in testing services before providing them to organizations and individuals on the National Public Service Portal.

3. To register their senior administrator accounts via their public digital certification devices for granting permissions for related organizations and individuals to supervise the connection, integration, collation and checking of payment data with providers of public services on the National Public Service Portal at quantri.dichvucong.gov.vn.

4. To announce and publicize online payment service charge rates; to publicize payment processes and methods of organizations and individuals; to update information on focal-point units serving the collation and checking of data on the National Public Service Portal for use as a basis for related parties to carry out payment and account-finalization operations, checking of payment data, and settlement of complaints.

5. To synchronize the status of, and data on, payment processing results to the online payment system of the National Public Service Portal under regulations.

6. To carry out daily cross-checking to ensure matching and accuracy of data in transactions between commercial banks and intermediary payment service providers and between commercial banks or intermediary payment service providers and public service providers. In case of a disparity, related parties shall identify causes and coordinate with each other in handling it within the next working day.

7. To fully account and finalize revenues being financial obligations for settlement of administrative procedures or provision of public services in accordance with law.

8. To ensure technical infrastructure and information security of systems connected with public service providers via the online payment system of the National Public Service Portal; to regularly review and inspect to promptly detect and remedy incidents caused by technical errors of the system or errors of personnel of commercial banks or intermediary payment service providers; to coordinate with related agencies and units in identifying causes and devising solutions to ensure safe and uninterrupted management and operation of the online payment system of the National Public Service Portal.

9. To ensure online payment service quality and information confidentiality in the course of service provision in accordance with law.

10. To coordinate with public service providers in addressing problems and checking data for organizations and individuals performing administrative procedures.

Chapter VI

RECEIPT AND PROCESSING OF REPORTS AND RECOMMENDATIONS OF ORGANIZATIONS AND INDIVIDUALS ON THE NATIONAL PUBLIC SERVICE PORTAL

Article 38. Basic functions of the information system for receiving and responding to reports and recommendations on the National Public Service Portal

1. Allowing organizations and individuals that have accounts on the National Public Service Portal to send their reports and recommendations to competent state agencies.

2. Publicizing results of response to reports and recommendations on the National Public Service Portal.

3. Updating information on progress and results of the processing of reports and recommendations by state agencies to organizations and individuals via SMS or emails, including:

a/ Time of receipt of reports or recommendation by state agencies;

b/ Request of the state agency for additional provision of relevant information and documents for use as a basis for processing reports or recommendations;

c/ Time of publicization of report or recommendation processing results on the National Public Service Portal.

4. Providing an interface for cadres, civil servants and public employees of state agencies to access the system and receive, classify and process reports and recommendations, with the following functions:

a/ Receiving, classifying and transferring reports and recommendations meeting, and rejecting those not meeting the requirements specified in Articles 37 and 39 of this Regulation; transferring reports and recommendations falling beyond its competence to other ministries, agencies or localities for processing; requesting organizations and individuals making such reports and recommendations to additionally provide necessary information and documents for processing such reports and recommendations; sending emails to organizations and individuals; and extracting and printing out all contents of reports and recommendations;

b/ Publicly notifying and sending results of the response to reports and recommendations;

c/ Publicizing results of the response to reports and recommendations on the National Public Service Portal.

5. Connecting and integrating with ministerial-/provincial-level portals and public service portals or other systems for receipt of reports and recommendations if such systems meet the following requirements:

a/ Ministerial-/provincial-level portals and public service portals have functions of receiving, classifying and transferring reports and recommendations for processing and publicizing results of the response to such reports and recommendations as specified in Articles 39, 40, 41 and 42 of this Regulation;

b/ Ministerial-/provincial-level portals and public service portals provide the function of giving feedback on status, progress and results of the processing of reports and recommendations to the information system for receiving and responding to reports and recommendations on the National Public Service Portal;

c/ Ministerial-/provincial-level information systems for receiving and responding to reports and recommendations provide the function of giving feedback on status, progress and results of the processing of reports and recommendations to the information system for receiving and responding to reports and recommendations on the National Public Service Portal.

Article 39. Contents of reports and recommendations received on the National Public Service Portal

1. Contents of reports and recommendations received on the National Public Service Portal must comply with Article 5 of the Government’s Decree No. 20/2008/ND-CP of February 14, 2008, on receipt and processing of reports and recommendations of organizations and individuals on administrative regulations, and other contents as directed by the Government and Prime Minister.

2. Reports and recommendations may be sent to Offices of ministries, ministerial-level agencies, the Vietnam Social Security, the Vietnam Bank for Social Policies, the Vietnam Development Bank, Offices of provincial-level People’s Committees, or the Administrative Procedure Control Agency of the Government Office, on the following facts:

a/ Administrative procedures have taken effect for implementation but have not yet posted or have been inadequately and inaccurately posted on the National Database on Administrative Procedures or ministerial-/provincial-level  portals and public service portals;

b/ Administrative procedures have ceased to be effective or have been annulled but are still publicized on the National Database on Administrative Procedures or ministerial-/provincial-level portals and public service portals;

c/ Administrative procedures publicized on the National Database on Administrative Procedures are inconsistent with those publicized at places of settlement of administrative procedures, or with those publicized on ministerial-/ provincial-level portals and public service portals;

d/ Settled administrative procedures are inconsistent with those publicized at places of settlement of administrative procedures and posted on the National Database on Administrative Procedures or ministerial-/provincial-level portals and public service portals;

dd/ Administrative procedures still cause inconvenience or obstruct production, business and daily-life activities of the people.

Article 40. Methods of sending reports and recommendations on the National Public Service Portal

Organizations and individuals may send their reports and recommendations on the National Public Service Portal by the following methods:

1. Accessing the National Public Service Portal at http://dichvucong.gov.vn., the section of reports and recommendations, for sending their reports and recommendations.

2. Sending their reports and recommendations in the course of provision of online public services on the National Public Service Portal.

Article 41. Requirements on reports and recommendations

Requirements on reports and recommendations sent via the National Public Service Portal

1. Reports and recommendations must be made in Vietnamese.

2. Reports and recommendations must have the contents specified in Article 39 of this Regulation.

3. Reports and recommendations must provide sufficient information on names, contact addresses, telephone numbers and email addresses of their senders; organizations and individuals are required to have accounts on the National Public Service Portal for sending reports and recommendations.

Article 42. Validity of reports and recommendations

1. Contents of reports and recommendations of organizations and individuals and replies of competent state agencies on the National Public Service Portal are as valid as they are in paper documents.

2. Activities and contents for receipt, coordination and processing of reports and recommendations of receiving agencies and processing agencies on the National Public Service Portal are as valid as they are in paper documents.

Article 43. Process of receipt, classification and transfer of reports and recommendations for processing

1. The receipt, classification and transfer of reports and recommendations of organizations and individuals for processing shall be carried out on information systems for receiving and responding to reports and recommendations.

In case ministerial-/provincial-level portals and public service portals have the function of receiving and responding to reports and recommendations and are integrated with the National Public Service Portal, ministries, agencies and provincial-level People’s Committees shall access such ministerial-/provincial-level portals and public service portals to receive, classify and transfer reports and recommendations for processing.

2. Receipt of reports and recommendations

a/ Ministries, agencies and provincial-level People’s Committees shall use accounts for which they are granted permissions to access information systems for receiving and responding to reports and recommendations to receive, classify and transfer reports and recommendations for processing that are sent by organizations and individuals via the National Public Service Portal;

b/ For reports and recommendations sent in the form of paper documents, by telephone, fax or email, ministries, agencies and provincial-level People’s Committees shall update all contents of such reports and recommendations to information systems for receiving and processing reports and recommendations and process them in accordance with law.

3. Appraisal, classification and transfer of reports and recommendations for processing

Ministries, agencies and provincial-level People’s Committees shall use the function of information systems for receiving and responding to reports and recommendations to evaluate, classify and transfer reports and recommendations to competent agencies for processing, specifically as follows:

a/ For reports and recommendations that fail to comply with Articles 39 and 41 of this Regulation, within 2 working days after receiving them, ministries, sectors and localities shall notify their senders of refusal to receive them, clearly stating reasons; 

b/ For reports and recommendations with contents not as clear as those specified in Article 39 of this Regulation, within 5 working days after receiving them, ministries, sectors and localities shall request their senders to add or clarify their contents;

c/ For reports and recommendations that comply with Articles 39 and 41 of this Regulation but fall beyond the competence and management scope of ministries, sectors and localities, within 5 working days after receiving them, ministries, sectors and localities shall transfer them to competent state administrative agencies or persons for processing in accordance with law.

d/ For reports and recommendations that comply with Articles 39 and 41 of this Regulation and fall under the competence and management scope of ministries, sectors and localities, ministries, sectors and localities shall receive and process them in accordance with law.

dd/ For a report or recommendation that falls under the competence of two or more state administrative agencies while such agencies cannot reach agreement on a processing plan, or that is responded by a competent ministry, sector or locality but its sender does not satisfy with the response and further sends it, or that falls under the competence of the Government or Prime Minister, the Government Office shall receive it, and assume the prime responsibility for, and coordinate with related ministries, sectors and localities in, studying it and proposing the Government or Prime Minister to consider, decide and reply to its sender in accordance with law.

Article 44. Procedures for processing reports and recommendations

1. State administrative agencies shall study and process or coordinate with one another in processing reports and recommendations transferred by the Government Office, ministries, sectors or localities via their systems for receiving and responding reports and recommendations according to the procedures specified in Article 14 of the Government’s Decree No. 20/2008/ND-CP of February 14, 2008, on receipt and processing of reports and recommendations of organizations and individuals on administrative regulations.

2. In case a report or recommendation is related to more than one ministry, sector or locality, the ministry, sector or locality receiving it shall identify related agencies for coordinated processing.

 Article 45. Time limit for processing of and response to reports and recommendations

1. The time limit for processing of and response to reports and recommendations is 15 working days after receiving them. Past this time limit, if failing to completely process reports and recommendations, ministries, sectors and localities shall update the progress of processing of reports and recommendations to information systems for receiving and responding to reports and recommendations once every 5 working days in order to notify such to the senders.

2. In case reports and recommendations have been completely processed, within 2 working days, ministries, sectors and localities shall update processing results to information systems for receiving and responding to reports and recommendations in order to give feedback to the senders.

Article 46. Publicization of results of the response to reports and recommendations

1. The Government Office and state agencies assigned to receive, classify and transfer reports and recommendations of organizations and individuals for processing shall check, update and publicize results of the response on the National Public Service Portal in the forms specified in Article 19 of the Government’s Decree No. 20/2008/ND-CP of February 14, 2008, on receipt and processing of reports and recommendations on administrative regulations.

2. In case results of the response are irrelevant and not true to contents of reports and recommendations of organizations and individuals, the Government Office and state agencies assigned to receive, classify and transfer reports and recommendations for processing shall return such reports and recommendations on the system in order to request agencies and units to process them and send results of the response before publicizing them.

Article 47. Responsibilities of agencies receiving reports and recommendations

1. To assign their cadres, civil servants and public employees to receive and respond to reports and recommendations; to classify and transfer reports and recommendations to related agencies or units or state administrative agencies or competent persons for processing and response.

2. To organize the receipt of reports and recommendations according to the procedures specified in Article 44 of this Regulation and synchronize information on reports and recommendations, status and results of the processing of reports and recommendation on the National Public Service Portal.

3. To guide, inspect and urge agencies and units in receiving and processing reports and recommendations.

Article 48. Responsibilities of cadres, civil servants and public employees receiving reports and recommendations

1. To guide organizations and individuals to access the National Public Service Portal for sending their reports and recommendations and searching information on progress and results of the response to such reports and recommendations.

2. To contact organizations and individuals and guide them in fully updating contents related to their reports and recommendations to the National Public Service Portal in case contents of such reports and recommendations are not clear or lack required contents.

3. To comply with the process of and the time limit for receipt and classification of reports and recommendations for processing, updating and posting of results of the processing of reports and recommendations.

Chapter VII

TECHNICAL MANAGEMENT AND OPERATION

Article 49. Senior administrator accounts of the National Public Service Portal

1. Ministries, agencies and provincial-level People’s Committees may use their senior administrator accounts to grant permissions and carry out operations on components of the National Public Service Portal; revoke users’ permissions in case cadres, civil servants or public employees are transferred to other jobs or no longer perform administration and operations.

2. Ministries, sectors, agencies and localities shall register to create accounts via the Government’s specialized digital certification devices granted by the Government Cipher Committee to ministries, sectors, localities or authorized units and notify the Government Office of the grant of senior administrator permissions to such accounts.

3. Ministries, sectors, agencies and localities shall use accounts of the administration system of the National Public Service Portal for managing, monitoring and supervising the status of connection between ministerial-/provincial-level public service portals and electronic single-window information systems; and between sharing and integrated information systems and the National Public Service Portal. Ministries, sectors, agencies and localities shall manage senior administrator accounts and administrator accounts for carrying out and handling operations in order to ensure information security of the National Public Service Portal.

4. Ministries, sectors and localities shall assign accounts and grant administrator permissions at lower levels and carry out operations on the modules of the National Public Service Portal. Cadres, civil servants and public employees assigned to administer and carry out operations on components of the National Public Service Portal shall register accounts on the National Public Service Portal and be granted appropriate permissions for administering, carrying out operations, exploiting and using the system.

Article 50. Management of shared data lists of the National Public Service Portal

1. Ministries, ministerial-level agencies, the Vietnam Social Security, Vietnam Development Bank and Vietnam Bank for Social Policies shall update the lists specified in Clauses 1, 2, 3, 5 and 6 of Article 6; supplement, modify or disable shared data in such lists upon modification and take responsibility for accuracy of updated contents.

2. Provincial-level People’s Committees shall update the lists specified in Clauses 2, 3, 4 and 6 (for administrative procedures they specify as assigned by laws and resolutions of the National Assembly; and administrative procedures to implement measures suitable to local socio-economic development conditions), Article 6 of this Regulation; supplement, modify or disable shared data in such lists upon modification and take responsibility for accuracy of updated contents.

3. The Ministry of Finance (the State Treasury) shall update or synchronize the lists specified in Clauses 7 and 8, Article 6 of this Regulation; supplement, modify or disable shared data in such lists upon modification and take responsibility for accuracy of updated contents.

4. The State Bank of Vietnam shall synchronize the list specified in Clause 9, Article 6 of this Regulation with the National Public Service Portal.

Article 51. Management of security servers

1. Ministries, sectors, agencies and localities shall manage their security servers to ensure the round-the-clock safe and uninterrupted connection and integration with the National Public Service Portal, avoiding disruptions to the provision of public services to organizations and individuals.

2. Ministries, sectors, agencies and localities shall update information on their security servers on the administration system of the National Public Service Portal. In case there is a change in information on a security server, the change shall be updated to the National Public Service Portal at least 3 working days in advance.

3. Ministries, sectors, agencies and localities shall, based on the list of information on security servers on the National Public Service Portal, configure equipment and technical infrastructure facilities to ensure safe and uninterrupted connection among agencies and units.

Article 52. Procedures for assistance and troubleshooting

1. Requests for assistance and troubleshooting on the administration system of the National Public Service Portal shall be handled within 8 working hours after they are received from ministries, sectors or localities. For complicated requests for assistance and troubleshooting, the time volume needed for completion of assistance and troubleshooting shall be notified on the administration system of the National Public Service Portal.

2. In case of scheduled maintenance or upgrading of the system, the Government Office shall notify such to related parties at least 5 working days in advance.

Article 53. Alerts

Ministries, sectors, agencies and localities shall coordinate with the Government Office in developing an application programming interface (API) in order to set up alerts for automatic warning about status of data sharing and connection services, and changes, modification and updates in information systems and databases of ministries, agencies and localities to the National Public Service Portal.

Technical administrators of ministries, sectors, agencies and localities may receive notices or alerts from the administration system of the National Public Service Portal via SMS, emails or accounts on the National Public Service Portal when ministerial-/provincial-level public service portals or electronic single-window information systems are disconnected with the National Public Service Portal.

Article 54. Information security

1. Service providers shall take responsibility for the secure, safe and uninterrupted operation of the National Public Service Portal; promptly exchange information and coordinate with the Government Office, Ministry of Public Security, Ministry of National Defense, Ministry of Information and Communications, and Government Cipher Committee in case the National Public Service Portal is hacked.

2. Ministries, sectors, agencies and localities shall regularly monitor and ensure information security of their security servers, information systems and databases connected to the National Public Service Portal; coordinate with the Government Office and related agencies and units in handling and remedying issues on information security of information systems and databases connected and integrated with the National Public Service Portal.

3. The Ministry of Public Security, Ministry of National Defense, Ministry of Information and Communications, and Government Cipher Committee shall take measures to monitor and ensure information security for the National Public Service Portal within the ambit of their functions and tasks.

4. The Government Cipher Committee shall implement information security solutions using ciphers for data transferred, shared and stored on the National Public Service Portal.

Article 55. Assistance for organizations and individuals

1. Ministries, sectors, agencies and localities shall develop documents and videos to guide organizations and individuals in performing online public services of their agencies and units, and integrate and provide them on the National Public Service Portal, ensuring accuracy of information.

2. In the course of manipulation and use of functions and performance of online public services on the National Public Service Portal, organizations and individuals may request technical assistance through hotline 1900.1096, or via email at [email protected].

3. Information about problems arising in the course of implementation and use of the National Public Service Portal shall be synthesized, analyzed and provided on the interface of the National Public Service Portal.

Chapter VIII

ORGANIZATION OF IMPLEMENTATION

Article 56. Responsibilities of ministers, heads of ministerial-level agencies and chairpersons of provincial-level People’s Committees

1. To direct the establishment and operation of ministerial-/provincial-level public service portals and electronic single-window information systems connected, integrated and shared with the National Public Service Portal, ensuring the quality of provided information on administrative procedures, online public services, single-sign-on, online payment, settlement of administrative procedures, and provision of public services for organizations and individuals within the ambit of their functions and tasks.

2. To assume the prime responsibility for, and coordinate with related agencies and units in, providing administrative procedures and online public services on the National Public Service Portal in accordance with this Regulation; to review, evaluate and improve efficiency of the provision of online public services on ministerial-/provincial-level public service portals and integrate them with the National Public Service Portal.

3. To connect and integrate ministerial-/provincial-level public service portals and electronic single-window information systems and other information systems for providing public services and the National Public Service Portal for organizations and individuals to implement single-sign-on, and carry out online payment of financial obligations upon the performance of administrative procedures and public services.

4. To direct the arrangement of personnel, equipment and transmission lines; to manage accounts securely to serve the exploitation and use of the National Public Service Portal under the guidance of the Government Office.

5. To direct the connection and integration of the special section or function of receiving and processing reports and recommendations on ministerial-/provincial-level portals and public service portals (if any) with the National Public Service Portal under the Government Office’s guidance and Clause 5, Article 38 of this Regulation. To organize the implementation of Articles 16, 17 and 18 of the Government’s Decree No. 20/2008/ND-CP of February 14, 2008, on receipt and processing of reports and recommendations of organizations and individuals on administrative regulations, and this Regulation in the processing of and response to reports and recommendations.

6. To create electronic transaction accounts of agencies, units, organizations and individuals competent to use public service portals and electronic single-window information systems for settlement of administrative procedures, receipt of and response to inquiries, reports, recommendations and other activities under this Regulation.

7. To connect and share information and data from the national databases and specialized databases managed by ministries, sectors and localities to serve the settlement of administrative procedures and provision of public services, and other utilities on the National Public Service Portal.

8. To ensure technical infrastructure and information security of systems connected with the National Public Service Portal and its components.

9. To regularly review and inspect to promptly detect and remedy incidents caused by technical errors of the system or errors of cadres, civil servants and public employees of agencies and units; to coordinate with related agencies and units in identifying causes and devising solutions to ensure safe and uninterrupted management, use and operation of the National Public Service Portal.

Article 57. Responsibilities of the Government Office

1. To administer the National Public Service Portal, ensuring its uninterrupted, safe and stable operation; to coordinate with ministries, sectors, agencies and localities in implementing plans and solutions to connect and integrate between the National Public Service Portal and public service portals and electronic single-window information systems, national databases, databases and information systems developed by ministries, agencies and localities in order to effectively serve the performance of administrative procedures and provision of online public services.

2. To provide guidance and training to ministries, agencies and localities in exploiting and using the functions of the National Public Service Portal for announcement and publicization of administrative procedures, settlement of administrative procedures, provision online public services, receipt and processing of and response to reports and recommendations of organizations and individuals.

3. To monitor, inspect and urge ministries, agencies and localities in connecting and integrating information, announcing and publicizing administrative procedures, settling administrative procedures, providing online public services, receiving, processing and promptly responding to reports and recommendations according to its competence.

4. To summarize and report to the Prime Minister for handling or direct the handling according to its competence, failure of agencies and organizations to announce, publicize and receive dossiers for settlement of administrative procedures and provision of online public services, receive and process reports and recommendations based on information connected and integrated from ministerial-/provincial-level public service portals and the National Public Service Portal.

5. To regularly study and summarize difficulties and problems of ministries, sectors and localities in the course of exploitation and use of the National Public Service Portal for timely modification, supplementation and upgrading of its functions.

6. To ensure information technology infrastructure for operation and exploitation of the components of the National Database on Administrative Procedures, information systems for receiving and responding to reports and recommendations, the electronic identification and authentication management system, round-the-clock online payment system; to apply digital signatures and improve processes in order to shorten the time duration needed to handle affairs, reduce paper documents, and create the most favorable conditions for organizations and individuals.

7. To provide tools to assist public service providers, commercial banks and intermediary payment service providers to collate and check online payment data via the online payment system of the National Public Service Portal.

8. To coordinate with public service providers, commercial banks and intermediary payment service providers in identifying causes and handle problems and inadequacies in the course of management and operation the online payment system of the National Public Service Portal.

9. To ensure technical infrastructure and information security for the online payment system of the National Public Service Portal and the information confidentiality in the course of payment in accordance with law.

10. To perform the tasks assigned under Clause 3, Article 15; Clause 2, Article 21; Clause 3, Article 23; Clause 3, Article 26; Clause 4, Article 32; and Clause 8, Article 35, of this Regulation.

11. To coordinate with media agencies in intensifying communication about activities carried out on the National Public Service Portal.

Article 58. Responsibilities of the Ministry of Public Security

1. To perform the tasks assigned under Clauses 2 and 3, Article 12; and Clause 3, Article 54, of this Regulation.

2. To share data on citizens from the National Population Database to serve account authentication and data exploitation in the course of settlement of administrative procedures for organizations and individuals.

3. To perform the tasks of ensuring information security in accordance with law.

Article 59. Responsibilities of the Ministry of Finance

1. To direct the State Treasury to connect, integrate, share and synchronize data with the National Public Service Portal to serve the online payment for financial obligations for settlement of administrative procedures or provision of public services; to provide the service of refunding the payment to the state budget in case state budget revenues are accounted for multiple times on the National Public Service Portal.

2. To direct the General Department of Taxation to connect and share data between the tax database and the National Public Service Portal to serve identification, authentication and settlement of administrative procedures.

3. To coordinate with the Government Office in connecting, integrating and sharing data between the Vietnam National Single Window and the National Public Service Portal.

Article 60. Responsibilities of the Ministry of Planning and Investment

To connect and share data between the National Business Registration Database and the National Public Service Portal to serve identification, authentication and settlement of administrative procedures.

Article 61. Responsibilities of the Ministry of Information and Communications

1. To ensure uninterrupted operation of infrastructure of specialized data transmission networks of the Party and State agencies in the course of exchanging information and data among ministries, sectors and localities.

2. To guide and support the integration of public digital signatures for organizations and individuals in the course of authentication and performance of administrative procedures and provision of online public services.

Article 62. Responsibilities of the State Bank of Vietnam

1. To perform the tasks assigned under Clause 4, Article 50 of this Regulation.

2. To direct commercial banks and intermediary payment service providers to connect, integrate and support the online payment for financial obligations for performance of administrative procedures or provision of online public services.

Article 63. Responsibilities of the Government Cipher Committee

To perform the tasks assigned under Clauses 2 and 3, Article 12; and Clauses 3 and 4, Article 54, of this Regulation.

Article 64. Implementation provisions

1. The Government Office shall assume the prime responsibility for organizing, guiding, inspecting and urging the implementation of this Regulation.

2. Any issues arising in the course of implementation of this Regulation that are not consistent with current regulations, the Government Office shall assume the prime responsibility for, and coordinate with related agencies in, reporting them to the Prime Minister for consideration and decision.-