Decree 107/2021/ND-CP amending Decree 61/2018/ND-CP on the implementation of the single-window and inter-agency single-window mechanism in the settlement of administrative

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 61/2018/ND-CP of April 23, 2018, on the implementation of the single-window and inter-agency single-window mechanism in the settlement of administrative procedures^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the June 19, 2015 Law on Organization of Local Administration;

Pursuant to 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 June 22, 2015 Law on Promulgation of Legal Documents and the June 18, 2020 Law Amending and Supplementing a Number of Articles of the Law on Promulgation of Legal Documents;

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

The Government promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 61/2018/ND-CP of April 23, 2018, on the implementation of the single-window and inter-agency single-window mechanism in the settlement of administrative procedures.

Article 1. To amend and supplement a number of articles of the Government’s Decree No. 61/2018/ND-CP of April 23, 2018, on the implementation of the single-window and inter-agency single-window mechanism in the settlement of administrative procedures.

1. To add Clause 8 to Article 3 as follows:

“8. Performance of administrative procedures regardless of administrative boundaries means that competent agencies may receive administrative procedure dossiers and notify results of settlement of administrative procedures or receive and process administrative procedure dossiers and notify results of settlement of administrative procedures for individuals and organizations, regardless of the provincial-, district-, or commune-level administrative units where the individuals reside or organization are headquartered or which have issued relevant papers to the individuals or organizations.”.

2. To amend and supplement Points i and k, Clause 1, Article 5 as follows:

“i/ Requesting re-provision of information, papers or documents which are in electronic form or have been digitalized and have legal validity in accordance with law and of which data have been connected and shared in the process of receiving administrative procedure dossiers and settling administrative procedures, except the purpose of verifying or re-verifying the authenticity of digitalized information, papers and documents;

k/ Committing other violations while on duty.”.

3. To amend Point a, Clause 1 of, and add Clauses 7 and 8 to, Article 7 as follows:

a/ To amend Point a, Clause 1, Article 7 as follows:

“1. At the ministerial level

a/ Based on the number of administrative procedures falling under their competence, frequency of dossier receipt and available working offices, ministers and heads of ministerial-level agencies shall decide to establish dossier receipt and result notification sections under their ministries’ or agencies’ offices or general departments (or equivalent units), departments, or other agencies and units;”.

b/ To add Clauses 7 and 8 to Article 7 as follows:

“7. Based on the actual situation and capacity of public-utility postal service providers, ministries, ministerial-level agencies, government-attached agencies (in case these agencies are engaged in the single-window or inter-agency single-window mechanism as prescribed in Clause 5, Article 2 of this Decree), and provincial-level People’s Committees shall decide on the implementation of the mechanism for assigning public-utility postal service providers to undertake one job or several jobs in the process of providing instructions, receiving and digitalizing administrative procedure dossiers and notifying administrative procedure settlement results in accordance with the bidding law.

8. Other cases must comply with the Prime Minister’s decisions.”.

4. To amend and supplement Point b, Clause 1, and Point dd, Clause 2, Article 8 as follows:

a/ To amend and supplement Point b, Clause 1, Article 8 as follows:

“b/ To provide instructions on performance of administrative procedures; to receive and digitalize administrative procedure dossiers; to settle administrative procedures or transfer dossiers for settlement of administrative procedures; to notify administrative procedure settlement results; to monitor, supervise and evaluate the settlement and notification of results of settlement of administrative procedures for organizations and individuals; to collect charges and fees (if any) according to regulations;”.

b/ To amend and supplement Point dd, Clause 2, Article 8 as follows:

“dd/ To propose competent authorities to upgrade physical foundations, information technology infrastructure and application software of public service portals and single-window e-information systems; to take part in ensuring information security in the process of operating and using these systems;”.

5. To add Clause 6 to Article 10 as follows:

“6. Public-utility postal service providers shall arrange staff members working at single-window sections to perform tasks when assigned to undertake one job or several jobs in the process of providing instructions, receiving and digitalizing dossiers, and notifying results of settlement of administrative procedures in accordance with law. In the course of performing their duties at the single-window sections, staff members of public-utility postal service providers shall comply with and fulfill their responsibilities and assigned tasks in accordance with the provisions of this Decree.”.

6. To amend and supplement Point d, Clause 2, Article 11 as follows:

“d/ To receive and digitalize dossiers and settle administrative procedures or transfer administrative procedure dossiers, and monitor the settlement of administrative procedures for organizations and individuals according to regulations; to update received dossiers into management software and issue administrative procedure dossier codes to organizations and individuals;”.

7. To amend and supplement Point b, Clause 2, Article 13 as follows:

“b/ At single-window sections: To arrange counters for provision of information on administrative procedures; areas for receipt of administrative procedure dossiers and delivery of administrative procedure settlement result slips, which shall be divided into counters each corresponding to one field or several fields, possibly including information counters or exclusive counters for elderly people, pregnant women and people with disabilities, depending on the scale and area of the sections; to arrange sufficient seats and desks and Internet-connected computers serving those coming to conduct transactions or carry out online public services; to install cameras to monitor the whole working space of single-window sections which are connected with equipment of superior state agencies and other sections in the entire system; to arrange space for installation of equipment, such as: queue number machines connected with the single-window e-information system, touch screens for search of information on administrative procedures and administrative procedure settlement results and for assessment of the degree of satisfaction,  and equipment serving the digitalization of dossiers and documents; to arrange areas for provision of services specified at Point g, Clause 1, Article 8 of this Decree.

It is encouraged to integrate utility services to support and meet the needs of organizations and individuals when coming to work with single-window sections.”.

8. To add Clause 6 to Article 14 as follows:

“6. Based on the situation of digitization, connection, sharing, and interoperability of data of single-window e-information systems and results of provision of online public services on ministerial- and provincial-level Public Service Portals and the National Public Service Portal, chairpersons of provincial-level People’s Committees shall decide to expand the scope of performance of administrative procedures regardless of administrative boundaries at single-window sections at all levels under their management.”.

9. To amend and supplement Clause 1, Article 18 as follows:

“1. To transfer data of electronic dossiers received online from organizations and individuals or data of digitalized paper dossiers to competent agencies for processing via ministerial- or provincial-level single-window e-information systems.”.

10. To amend and supplement Clause 5, Article 20 as follows:

“5. Information on results of settlement of administrative procedures for organizations and individuals shall be stored at ministerial- and provincial-level  information systems for settlement of administrative procedures for the integration, sharing and reference of information and data serving the performance of other administrative procedures in accordance with law.”.

11. To add Article 21a as follows:

“Article 21a. Digitalization of dossiers and administrative procedure settlement results in receiving administrative procedure dossiers and settling administrative procedures

In addition to complying with the provisions on receipt of administrative procedure dossiers and settlement of administrative procedures in Articles 17, 18, 19 and 20 of this Decree, cadres, civil servants and public employees shall also perform a number of additional tasks of digitalizing dossiers and notifying administrative procedure settlement results as follows:

1. Receiving an administrative procedure dossier

a/ Checking and authenticating the digital account of the individual or organization through his/her/its personal identification number, for Vietnamese citizens, or passport (or international travel document) number, for foreigners, or code, for organizations, in accordance with law. In case the individual or organization has no digital account, dossier-receiving officers at the single-window section shall guide him/her/it to create, or create an account for him/her/it on the National Public Service Portal or the ministerial- or provincial-level Public Service Portal. In case the individual or organization authorizes another to carry out administrative procedures, the digital account is identified based on the identification number of the authorizer.

b/ Checking electronic data of components of the dossier. In case legally valid electronic information, data, dossiers and papers of the organization or individual have been connected and shared between national databases, specialized databases, information systems, and the National Public Service Portal and the single-window e-information system, the organization or individual shall not be required to re-declare such information or re-submit such dossiers, papers and documents; staffs at the single-window section shall check and transfer these information, data, dossiers and papers into the administrative procedure e-dossier for the organization or individual. When receiving a paper dossier, if detecting inconsistencies between information in the dossier or its components and electronic information, data, dossiers and papers stored in national databases and specialized databases, staffs at the single-window section shall receive the paper dossier; the adjustment and modification of information must comply with specialized laws.

c/ For dossier components that are results of settlement of administrative procedures or must be digitized in accordance with specialized laws but electronic data thereof remain unavailable, staffs at the single-window section shall photocopy and convert them into electronic documents on  information systems and databases and take responsibility for the completeness, integrity and accuracy of data contents compared to the paper documents and affix digital signatures on the digitized documents according to regulations before transferring the dossier to competent agencies and units for processing.

For other dossier components of which electronic data are unavailable, depending on management requirements, ministers and heads of ministerial-level agencies and government-attached agencies (in case these agencies are engaged in the implementation of the single-window or inter-agency single-window mechanism as prescribed in Clause 5, Article 2 of this Decree) shall decide on digitization, with regard to  administrative procedures to be settled by their ministries or agencies and attached agencies and units, and chairpersons of provincial-level People’s Committees shall decide on the digitization, with regard to administrative procedures to be settled by local administrations of various levels.

2. Settling an administrative procedure

a/ Checking information on electronic documents forwarded from the single-window section and updating electronic information and data on information systems and databases, affixing the digital signature of the agency and organization on the copies of to-be-digitalized dossier components managed by the agency or unit.

Electronic data of a document must contain at least the following information fields: code of document type; identification number of the concerned organization or individual, if the individual does not have a personal identification number, his/her full name and year of birth, date of issuance and issuing agency of the document must be added; title of the document; summary of the main contents of the document; validity period; and effective scope (if any). Other information and data must comply with specialized laws.

b/ In case it is required to examine, verify, or consult related agencies during the processing of, a dossier, the examination and verification results and replies of related agencies must be digitized in the form of electronic data so as to be stored in information systems and databases, unless otherwise prescribed by law.

c/ The notice of administrative procedure settlement result shall be submitted to a competent authority for affixing a digital signature and issuance in accordance with the law on clerical work; after that, a paper notice and an electronic notice shall be delivered/sent to the concerned organization or individual, unless the administrative procedure only specifies or the organization or individual only requests the provision of an electronic notice.

After the administrative procedure is completely settled, legally valid dossiers and papers that are digitalized in the process of receiving the administrative procedure dossier and settling the administrative procedure may be used in the performance of other administrative procedures for the organization or individual.

3. Notification of administrative procedure settlement results

a/ Each electronic notice of administrative procedure settlement results shall be attached with a code and stored in national databases or specialized databases or administrative procedure dossier data storages of ministerial- or provincial-level systems for settlement of administrative procedures. A document code consists of two parts, namely the identification number of the concerned individual or organization and the document type code, in which the document type code for administrative procedure settlement results shall take the code of the relevant administrative procedure settlement result type on the National Database on Administrative Procedures.

b/ Electronic notices of administrative procedure settlement results shall be sent to organizations and individuals via the National Public Service Portal or ministerial- and provincial-level Public Service Portals, unless a specialized law requires those requesting the settlement of administrative procedures to show up to receive notices of administrative procedure settlement results.

c/ Paper notices of administrative procedure settlement results shall be handed over to those requesting the settlement of administrative procedures according to Article 20 of this Decree, unless the administrative procedures only provide the provision of electronic notices of administrative procedure settlement results to the requesters.

4. Retention/storage of electronic administrative procedure dossiers

a/ The period of retention of electronic administrative procedure dossiers must comply with the law on archives and specialized laws.

b/ Dossiers on settlement of administrative procedures shall be stored electronically and managed by agencies competent to settle such administrative procedures on ministerial- and provincial-level information systems for settlement of administrative procedures.”.

12. To amend Clause 3 of, and add Clause 4 to, Article 22 as follows:

“3. In case of indirect payment of charges and fees for settlement of administrative procedures, charge and fee payment documents, charge and fee account-transfer documents or charge and fee receipts (if any) shall be sent together with dossiers to agencies and persons competent to settle administrative procedures, unless charge and fee amounts are determined and paid after administrative procedure dossiers are submitted.

4. In case of making charge and fee payment online, charge and fee recipients shall remit the whole collected fee amounts into the state budget within the time limits specified by specialized laws; and remit the whole charge amounts collected in a period into accounts of charges awaiting remittance into the state budget in accordance with specialized laws. In case specialized laws have no provisions on this issue, the time limit for remittance of collected fee amounts into the state budget is 24 hours, counted from the time of payment, except payments made via the National Interbank Electronic Payment System which must comply with the working time regulations applicable to this system. Tax- and social insurance-related payments must comply with the laws on tax and social insurance.”.

13. To add Clause 4 to Article 24 as follows:

“4. The Government Office shall assume prime responsibility for, and coordinate with related ministries and sectors in, issuing lists of shared-use data serving the settlement of administrative procedures on the National Public Service Portal, which shall be connected and shared with ministerial- and provincial-level Public Service Portals and single-window e-information systems, and national and specialized information systems and databases, including:

a/ List of administrative procedures;

b/ List of online public services;

c/ List of agencies;

d List of administrative units;

dd/ List of sectors and fields;

e/ List of administrative procedure settlement results;

g/ List of amounts to be collected and remitted into the state budget when performing administrative procedures;

h/ List of commercial banks and intermediary payment service providers.

The lists of shared-use data specified at Points a, b, c, d, dd, and e, Clause 4 of this Article shall be updated in the National Database on Administrative Procedures; the lists of those specified at Points g and h, Clause 4 of this Article shall be updated or synchronized with the National Public Service Portal.”.

14. To amend and supplement Clause 1; Point b, Clause 2; and Clause 6, Article 25 as follows: 

a/ To amend and supplement Clause 1, Article 25 as follows:

“1. Ministerial- and provincial-level Public Service Portals and single-window e-information systems shall be built in a centralized and uniform manner to form ministerial- and provincial-level information systems for settlement of administrative procedures which shall be used to receive and process administrative procedure dossiers and monitor, and evaluate the quality of, performance of administrative procedures and provision of online public services falling under the competence of ministries, ministerial-level agencies and People’s Committees at all levels.”.

b/ To amend and supplement Point b, Clause 2, Article 25 as follows:

“b/ Ensuring the integratability with the National Public Service Portal, National Database on Administrative Procedures, other national databases and specialized databases serving the retrieval of administrative procedure-related data and connection and sharing of data serving the settlement of administrative procedures of ministries, ministerial-level agencies and provincial-level People’s Committees;”.

c/ To amend and supplement Clause 6, Article 25 as follows:

“6. Ministries, ministerial-level agencies and government-attached agencies shall connect and share data of national databases and specialized databases under their management with the National Public Service Portal and ministerial- and provincial-level single-window e-information systems in accordance with law to serve the authentication of information for organizations and individuals and settlement of administrative procedures.”.

15. To amend Clause 3, Article 30 as follows:

“3. The offices of ministries, sectors and provincial-level People’s Committees shall sum up evaluation results obtained from software and integrate evaluation results with the National Public Service Portal’s real-time system for evaluation of quality of administrative procedure settlement serving direction and administration work concerning the quality of settlement of administrative procedures and provision of public services; make public internal evaluation results on websites of their ministries, sectors and localities and the National Public Service Portal.”.

16. To amend and supplement Point i, Clause 1, Article 34 as follows:

“i. To assume the prime responsibility for, and coordinate with the Ministry of Information and Communications and related ministries, sectors and agencies in, formulating and promulgating uniform regulations on codes of administrative procedure dossiers and codes of administrative procedures-related sectors and fields on ministerial- and provincial-level single-window e-information systems; guiding the digitalization of dossiers and administrative procedure settlement result notices in receiving administrative procedure dossiers and settling administrative procedures.”.

17. To amend Clauses 3 and 5 of, and add Clauses 10 and 11 to, Article 35 as follows:

a/ To amend Clause 3, Article 35 as follows:

“3. To promulgate regulations on organization and operation of dossier receipt and result notification sections, and regulations on operation of information systems for settlement of administrative procedures formed on the basis of public service portals and single-window e-information systems for unified management according to this Decree.”.

b/ To amend Clause 5, Article 35 as follows:

“5. To direct the formulation and promulgation of internal protocols and electronic protocols for settling each administrative procedure falling under the competence of their ministries and sectors, ensuring uniform application to jobs related to settlement of administrative procedures within the framework of their agencies’ and organizations’ quality management systems.”.

c/ To add Clause 10 and 11 to Article 35 as follows:

“10. To evaluate and decide or propose competent authorities to decide on the organization of receipt and processing of administrative procedure dossiers and notification of administrative procedure performance results regardless of administrative boundaries for administrative procedures for which information and data serving the consideration and appraisal of dossiers are available in national databases or specialized databases or have been connected or shared, except administrative procedures for which it is required to carry out site inspection or assessment, examination and appraisal at facilities of those requesting the settlement of administrative procedures.

11. On the basis of the lists of shared-use data specified in Clause 4, Article 24 of this Decree, to update or synchronize data under their management to serve the settlement of administrative procedures.”.

18. To amend and supplement Clauses 3 and 4, Article 36 as follows:

“3. Provincial-level People’s Committees shall promulgate regulations on operation of information systems for settlement of administrative procedures formed on the basis of provincial-level public service portals and single-window e-information systems for unified management according to this Decree.

4. Provincial-level People’s Committees shall direct the formulation and promulgation of internal protocols and electronic protocols for settlement of each administrative procedure at provincial, district or commune level, ensuring that such protocols are applied uniformly to jobs related to settlement of administrative procedures within the framework of agencies’ and organizations’ quality management systems and are implemented in their localities.”.

Article 2. To add or replace a number of words and phrases in a number of articles of Decree No. 61/2018/ND-CP of April 23, 2018, on the implementation of the single-window and inter-agency single-window mechanism in the settlement of administrative procedures

1. To add the phrase “and their own accounts” after the phrase “have their own seals” at Point a, Clause 2, Article 7; to add the phrase “in accordance with the law on management and employment of cadres, civil servants and public employees” after the phrase “seconded by” at Point b, Clause 1, and Point b, Clause 5, of Article 10; after the phrase “dossier receipt and result notification sections” at Point b, Clause 2, Article 10, and after the phrase “to work” at Point b, Clause 3, Article 10; to add the phrase “and the law on management and employment of cadres, civil servants and public employees” after the phrase “this Decree” at Point a, Clause 2, Article 10; to add the phrase “National Public Service Portal or” before the phrase “ministerial- and provincial-level Public Service Portals” in Clause 3 of Article 16, Clause 2 of Article 17, and Clause 3, of Article 20 and before the phrase “the single-window e-information system” at Point c, Clause 1, Article 22, and Point c, Clause 1, Article 29, of this Decree.

2. To replace the phrase “the national payment portal” at Point d, Clause 2, Article 25 of this Decree with the phrase “the online payment system of the National Public Service Portal”.

Article 3. Implementation organization responsibility

1. The Government Office shall guide, monitor, urge and inspect the implementation of this Decree; and send annual and irregular reports to the Government and Prime Minister.

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

Article 4. Implementation provisions

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

2. Clause 11, Article 1 of this Decree will take effect on June 1, 2022, for administrative procedures of which dossiers are to be received by ministerial- and provincial-level single-window sections; on December 1, 2022, for administrative procedures of which dossiers are to be received by district-level single-window sections; or on June 1, 2023, for administrative procedures of which dossiers are to be received by commune-level single-window sections. Particularly for communes in deep-lying or remote areas, extreme difficulty-hit areas, and border areas or on islands, the deadline for applying this Clause may be extended but must be prior to December 31, 2024. The application of this Clause before it takes effect shall be decided by ministers, heads of ministerial-level agencies or government-attached agencies, or chairpersons of provincial-level People’s Committees.-   

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
PHAM BINH MINH