Decision No. 74/2010/QD-TTg dated November 22, 2010 of the Prime Minister defining the functions, tasks, powers and organizational structure of the Administrative Procedure Control Department under the Government Office

THE PRIME MINISTER

Decision No. 74/2010/QD-TTg of November 22, 2010, defining the functions, tasks, powers and organizational structure of the Administrative Procedure Control Department under the Government Office

THE PRIME MINISTER

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

Pursuant to the Government’s Decree No. 178/2007/ND-CP of December 3, 2007, defining the functions, tasks, powers and organizational structure of ministries and ministerial-level agencies;

Pursuant to the Government’s Decree No. 33/2008/ND-CP of March 19, 2008, defining the functions, tasks, powers and organizational structure of the Government Office;

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

Pursuant to the Government’s Decree No. 20/2008/ND-CP of February 14, 2008, on the receipt and settlement of individuals’ and organizations’ feedbacks and proposals on administrative regulations;

At the proposal of the Minister-Director of the Government Office,

DECIDES:

Article 1. Position and functions

1. The administrative procedure control agency defined in Clause 1, Article 5 of the Government’s Decree No. 63/2010/ND-CP of June 8, 2010, on controlling administrative procedures (below referred to as Decree No. 63/2010/ND-CP), is a unit of the Government Office, namely the Administrative Procedure Control Department.

2. The Administrative Procedure Control Department is tasked to assist the Minister-Director of the Governor Office (below referred to as the Minister-Director) in advising the Government and the Prime Minister on the control of administrative procedures; to organize administrative procedure control activities and manage the national database on administrative procedures nationwide according to law.

3. The Administrative Procedure Control Department has the legal person status and its own seal and state treasury account.

Article 2. Tasks and powers

The Administrative Procedure Control Department shall perform the following tasks and exercise the following powers:

1. To assist the Minister-Director in assuming the prime responsibility for, and coordinating with units of the Government Office in, examining the process of drafting legal documents concerning administrative procedures for submission by ministries and ministerial-level agencies to the Government or the Prime Minister according to law.

2. To assist the Minister-Director in overseeing, urging, guiding and examining the implementation of the Prime Minister’s directions on controlling administrative procedures by ministries, ministerial-level agencies and People’s Committees of provinces and centrally run cities (below referred to as provincial-level People’s Committees).

3. To draft legal documents concerning administrative procedures as assigned by competent authorities for submission to the Minister-Director for decision or subsequent submission to the Government or the Prime Minister for consideration and decision.

4. To assist the Minister-Director in:

a/ Giving comments on administrative procedures established in draft legal documents before they are sent by drafting ministries or ministerial-level agencies to competent authorities for appraisal and submission to the Government or the Prime Minister according to law;

b/ Giving comments on administrative procedures established in circulars jointly drafted by several ministries or ministerial-level agencies;

c/ Appraising administrative procedures established in draft legal documents when requested by appraising agencies.

5. To assist the Minister-Director in reviewing and evaluating administrative procedures and handling administrative procedure review and assessment results:

a/ To elaborate independent review and assessment plans under the Prime Minister’s directions as provided in Article 30 of Decree No. 63/2001/ND-CP for submission by the Minister-Director to the Prime Minister for approval;

b/ To conduct independent review and assessment of administrative procedures and synthesize and report review and assessment results to the Government and the Prime Minister according to law;

c/ To summarize and report to the Minister-Director on the handling of administrative procedure review and assessment results on which ministries, ministerial-level agencies, government-attached agencies, provincial-level People’s Committees and the Government Office hold divergent opinions for the Minister-Director to report them to the Government or the Prime Minister for consideration and decision;

d/ To report plans on modification, supplementation, replacement, cancellation or abolishment of administrative procedures and regulations which do not comply with Article 28 of Decree No. 63/2010/ND-CP to the Minister-Director for submission to the Government or the Prime Minister for decision.

6. To assist the Minister-Director in managing the national database on administrative procedures:

a/ To assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies and provincial-level agencies in, building and managing the national database on administrative procedures;

b/ To assume the prime responsibility for, and coordinate with concerned unit in, maintaining the operation of an e-portal for receiving feedbacks and proposals on the national database on administrative procedures;

c/ To control the announcement of administrative procedures and documents providing for administrative procedures as well as the updating and publishing of these administrative procedures and documents in the national database on administrative procedures.

7. To assist the Minister-Director in receiving and handling individuals’ and organizations’ feedbacks and proposals on administrative regulations related to people’s business and daily-life activities:

a/ To receive, classify and propose competent authorities to handle individuals’ and organizations’ feedbacks and proposals on administrative regulations related to people’s business or daily-life activities which fall under the competence of the Government or the Prime Minister as provided in the Government’s Decree No. 20/2008/ND-CP of February 14, 2008, on the receipt and handling of individuals’ and organizations’ feedbacks and proposals on administrative regulations (below referred to as Decree No. 20/2008/ND-CP);

b/ To process feedbacks and proposals related to administrative procedures according to law.

8. To assist the Minister-Director in providing professional guidance on controlling administrative procedures to administrative procedure control units within the offices of ministries, ministerial-level agencies and provincial-level People’s Committees.

9. To assist the Minister-Director by assuming the prime responsibility for, and coordinating with the Vietnam Lawyers’ Confederation, the Vietnam Chamber of Commerce and Industry and socio-processional organizations in, elaborating and submitting to the Minister-Director for promulgation regulations on coordination in mobilizing resources for the control of administrative procedures under Decree No. 63/2010/ND-CP and Decree No. 20/2008/ND-CP.

10. When necessary, to propose the Minister-Director to seek the Prime Minister’s opinions on the secondment of civil servants from other ministries and ministerial-level and concerned agencies to the Administrative Procedure Control Department.

11. To report to the Minister-Director on the signing of contracts with consultants from state or non-state sectors to assist the Department in performing tasks assigned by competent authorities.

12. To assist the Minister-Director in holding periodical briefings with ministries, ministerial-level agencies and provincial-level People’s Committees to urge, guide and inspect the control of administrative procedures.

13. To assist the Minister-Director in assuming the prime responsibility for, and coordinating with ministries, ministerial-level agencies, provincial-level People’s Committees and mass media agencies in, conducting regular propagation about the control of administrative procedures.

14. To assist the Minister-Director in summarizing reports on the results of administrative procedure control of ministries, ministerial-level agencies and provincial-level People’s Committees for reporting to the Prime Minister or in making irregular reports at the request of the Prime Minister.

15. To assist the Minister-Director in raising and using domestic and overseas donations for further enhancing administrative procedure control according to law.

16. To carry out international cooperation in administrative procedure control as decentralized by the Minister-Director and prescribed by law.

17. To manage its organizational apparatus, payroll and civil servants; to implement wage, emulation, commendation, reward, disciplining and training policies applicable to its civil servants as prescribed by law and decentralized by the Minister-Director.

18. To manage allocated state budget funds and assigned assets as decentralized by the Minister-Director.

19. To perform other tasks and exercise other powers as assigned by the Minister-Director and prescribed by law.

Article 3. Organizational structure

The Administrative Procedure Control Department has sections and an office (below collectively referred to as sections), including:

1. The Section for Control of Administrative Procedures in General Economic Domains.

2. The Section for Control of Administrative Procedures in Specialized Economic Domains.

3. The Section for Control of Administrative Procedures in Science, Education, Culture and Social Domains.

4. The Section for Control of Administrative Procedures in Internal Affairs.

5. The Office.

Based on requirements and assigned tasks, the Minister-Director shall propose to the Prime Minister for decision the organizational structure of the Administrative Procedures Control Department.

Article 4. Leaders of the Administrative Procedure Control Department.

1. The Administrative Procedure Control Department has a director and at most 3 deputy directors.

2. The Minister-Director shall appoint, dismiss and relieve from post the director, deputy directors and sectional leaders of the Administrative Procedure Control Department according to law.

3. The Director of the Administrative Procedure Control Department is the head of the Administrative Procedures Control Department who shall take responsibility before the Minister-Director and law for all activities of the Administrative Procedures Control Department. Deputy directors of the Administrative Procedures Control Department shall take responsibility before the Director and law for assigned tasks.

4. The Director of the Administrative Procedures Control Department shall specify functions, tasks and power of sections of the Department.

Article 5. Effect and implementation responsibilities

1. This Decision takes effect on January 6, 2011.

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

Prime Minister
NGUYEN TAN DUNG