Decree 310/2026/ND-CP amend Decree 45/2020/ND-CP on electronic administrative procedures

 
DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 45/2020/ND-CP dated April 08, 2020, on performance of administrative procedures in the electronic environment, which was amended and supplemented by the Decree No. 68/2024/ND-CP, Decree No. 69/2024/ND-CP and Decree No. 118/2025/ND-CP

Pursuant to the Law on Organization of the Government No. 63/2025/QH15;

Pursuant to the Law on Organization of Local Administration No. 72/2025/QH15;

Pursuant to the Law No. 20/2023/QH15 on E-Transactions;

Pursuant to the Law No. 116/2025/QH15 on Cybersecurity;

Pursuant to the Law No. 148/2025/QH15 on Digital Transformation;

At the request of Minister of Justice;

The Government promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 45/2020/ND-CP dated April 08, 2020, on performance of administrative procedures in the electronic environment, which was amended and supplemented by the Decree No. 68/2024/ND-CP, Decree No. 69/2024/ND-CP and Decree No. 118/2025/ND-CP.

Article 1. Amending and supplementing a number of clauses of Article 2

1. To amend and supplement Clause 1 Article 2 as follows:

“1. Administrative procedure-settling agencies

a) Ministries and ministerial-level agencies, departments and directorates of ministries or ministerial-level agencies, and overseas Vietnamese diplomatic missions and consular offices having the tasks and powers of settling administrative procedures and participating in the process of settling administrative procedures;

b) Provincial-level People’s Committees and commune-level People’s Committees; specialized agencies of provincial- and commune-level People’s Committees; management boards of industrial parks, export processing zones, economic zones and hi-tech parks having the tasks and powers of settling administrative procedures;

c) Other agencies as prescribed by the law regulations.

The agencies prescribed at Points a, b and c of this Clause are below referred to as competent agencies.”

2. To amend and supplement Clause 2 Article 2 as follows:

“2. Cadres, civil servants and public employees of the competent agencies prescribed in Clause 1 of this Article, professional army men and officers, defense workers and employees of the Ministry of National Defence, officers and non-commissioned officers of the Ministry of Public Security (below collectively referred to as cadres, civil servants and public employees).”.

3. To amend and supplement Clause 4 Article 2 as follows:

“4. Businesses providing public-utility postal services, businesses providing services to perform supporting tasks under service contracts; organizations and individuals hired or authorized to perform administrative procedures in accordance with law regulations.”.

Article 2. Amending and supplementing Clause 4 Article 3

“4. Electronic transaction account for settlement of administrative procedures (hereinafter referred to as electronic transaction account) means the electronic identity of a competent agency, cadre, civil servant or public employee or an organization or individual which is created by the electronic identification and authentication system to log into the National Public Service Portal and the information system for settlement of administrative procedures when performing administrative procedures in the electronic environment and other activities in accordance with law regulations.”.

Article 3. Amending and supplementing Clause 1 Article 9

“1. An organization or individual shall prepare an electronic dossier and fill in electronic applications and declarations required by the online public service provision system as follows:

a) Making applications and declarations by filling in electronic forms provided by the system; prioritizing the automatic filling of information and confirmation of data on the basis of data connection and sharing with national databases and specialized databases, except for the cases where administrative procedures do not require applications or declarations.

Organizations and individuals logging into the National Public Service Portal or the national identification application (VNeID) using a level 2 electronic identification account to request settlement of administrative procedures shall not be required to digitally sign interactive electronic forms, unless otherwise prescribed by specialized law regulations.

b) Loading valid electronic papers and documents or citing documents from its/his/her electronic data warehouse. In case the system has been connected to national databases and specialized databases, dossiers, papers and data stored in such databases shall be automatically accessed and reused for individuals and organizations to review before submitting online dossiers;

c) Inserting its/his/her digital signatures or electronic signatures to electronic papers and documents if required by law regulations. Dossier components with inserted digital signatures or electronic signatures shall have the same legal validity as paper documents with valid signatures.”.

Article 4. Amending and supplementing Article 11

“Article 11. Process of receiving dossiers and settling administrative procedures in the electronic environment”

1. The National Public Service Portal shall receive and automatically examine technical aspects of each dossier. For a dossier which is complete and technically qualified, the system shall send automatic feedback certifying the successful sending of the electronic dossier and notifying the time of receipt of the dossier.

2. A cadre, civil servant or public employee receiving the dossier shall log into the information system for settlement of administrative procedures and examine the electronic dossier sent from the organization or individual. The examination of such a dossier covers:

a) Examining the accuracy of information on applications and declarations by exploiting information and data available at information systems or databases which are ready to be connected to and share information with the National Public Service Portal, and the information system for settlement of administrative procedures;

b) Examining information on digital signatures or electronic signatures to ensure the authentication, validity, accuracy and integrity of documents which are uploaded or cited and documents of which the examination is required serving the electronic certification; the examination of digital signatures or electronic signatures must comply with the Law on E-Transactions.

c) Searching for and exploiting information on documents of the dossier of administrative procedures in databases published by database-administrating agencies so as not to require the provision of dossiers for settlement of administrative procedures.

3. After conducting examination, the cadre, civil servant or public employee shall receive the dossier qualified for receipt and process the dossier according to the process prescribed in Chapter III of the Decree No. 118/2025/ND-CP, and other relevant law regulations.

4. The information and dossier components specified in Clause 2 of this Article, after being received and confirmed as accurate by competent agencies, shall be stored in the electronic data warehouse of organizations and individuals on the information system for settlement of administrative procedures.

5. The receipt and settlement of administrative procedures for which proactive online public services are provided shall comply with the Law on Digital Transformation, the Law on Data and documents detailing and guiding the implementation of these Laws.”.

Article 5. Amending and supplementing a number of points and clauses of Article 18

1. To add Point e after Point dd Clause 2 Article 18 as follows:

“e) Bear a separate symbol and contain information on the paper document in accordance with Point a Clause 2 Article 5 of Decree No. 137/2024/ND-CP on defining e-transactions of state agencies and information systems

serving e-transactions.”.

2. To amend and supplement Clause 4 Article 18 as follows:

“4. Information systems used to create and process electronic administrative procedure dossiers and electronic result sheets must have the feature of converting electronic administrative procedure dossiers and electronic result sheets into paper documents and ensure the features specified in Clause 3 Article 5 of Decree No. 137/2024/ND-CP”.

Article 6. Amending and supplementing Article 21

“Article 21. Criteria for determination of administrative procedures eligible for provision in the electronic environment

1. An administrative procedure shall be eligible for provision in the electronic environment when meeting the following criteria:

a) Regulations on the constituent components of the administrative procedure must satisfy the requirements for provision of public services in the electronic environment.

b) The process of the administrative procedure has been restructured based on data and satisfies the following requirements:

Interactive electronic forms have been designed with a reduction in the information required to be filled in; digitized dossier components and results of settlement of administrative procedures (if any) may be reused; the required dossiers and papers have been attached; and the sequence of performance has been simplified and electronically interconnected based on the automatic exploitation of information and data from national databases and specialized databases.

Online payment has been integrated into administrative procedures requiring the fulfillment of financial obligations.

A process for digitization and issuance of electronic result sheets of settlement of administrative procedures has been established.

c) Data and infrastructure are ready and appropriate to the frequency and subjects of performance of the administrative procedure.

d) The online public service has been designed and developed to satisfy technical requirements and conform to the process restructuring plan specified at Point b of this Clause.

dd) The online public service has undergone technical and user experience testing before being officially deployed in the electronic environment.

2. The Minister of Justice shall assume the prime responsibility for, and coordinate with the Ministry of Public Security and the Ministry of Science and Technology in, providing detailed guidance on Clause 1 of this Article.”.

Article 7. Amending and supplementing Article 22

“Article 22. Performance of administrative procedures based on data

1. Publication of data and provision of guidance on data connection, exploitation and use

Agencies and units managing databases shall:

a) Publish data according to the level of data completion and provide guidance on connecting to, exploiting and using data in substitution for dossier components in settlement of administrative procedures.

b) Update and publicize publication decisions on the National Public Service Portal.

c) Ensure the accuracy and currency of published data for exploitation and use for substitution of dossier components in settlement of administrative procedures.

2. Restructuring of administrative procedure processes for data reuse

Ministries, ministerial-level agencies and provincial-level People’s Committees shall:

a) Review and identify administrative procedures under their management that use information and data in the databases published under Clause 1 of this Article.

b) Restructure administrative procedure processes based on data reuse to reduce dossiers and the sequence of performance of administrative procedures.

c) Announce and publicize restructured administrative procedures on the National database on administrative procedures.

d) Ensure that the restructuring of processes and the announcement and publicization of restructured administrative procedures specified at Points b and c of this Clause comply with Clause 1 Article 9 and Point b Clause 1 Article 21 of this Decree.

3. Data connection and sharing and data-based public service design

Ministries, ministerial-level agencies and provincial-level People’s Committees managing administrative procedures restructured under Clause 2 of this Article shall:

a) Design public services on the information system for settlement of administrative procedures in conformity with the restructuring plan specified in Clause 2 of this Article.

b) Assume the prime responsibility for, and coordinate with agencies and units managing databases in, connecting and sharing data between databases announced and publicized under Clause 1 of this Article and the information system for settlement of administrative procedures.

c) Test, integrate and provide public services restructured based on data.”.

Article 8. Amending and supplementing Clause 1 Article 23

“1. Agencies and units having the function of controlling administrative procedures shall coordinate with specialized agencies and units of ministries, ministerial-level agencies and provincial-level People’s Committees in reviewing administrative procedures performed in the electronic environment; and simplifying requirements on dossier components through evaluation of available data sources and level of readiness for integration and provision of information in the process of settlement of administrative procedures in the electronic environment with the following solutions:

a) Adding to electronic forms information declared in dossier componants which can be examined and authenticated based on data integrated into or shared among information systems and databases. Organizations and individuals are not required to submit or upload or cite sources of these documents;

b) Requesting organizations and individuals to upload legally valid electronic versions or electronic copies of papers and documents on administrative procedure settlement results previously issued by competent agencies or to cite sources of these documents;

c) Requesting organizations and individuals to upload regulation-conformable electronic versions of papers and documents other than administrative procedure settlement result sheets issued by competent authorities and take responsibility for the accuracy of such papers and documents.

d) Restructuring administrative procedure processes based on data published by agencies and units managing databases in accordance with Article 22 of this Decree.”.

Article 9. Amending and supplementing a number of clauses of Article 25

1. To amend and supplement Clause 1 Article 25 as follows:

“1. Ministers, heads of ministerial-level agencies and chairpersons of provincial-level People’s Committees shall direct the digitalization of paper result sheets currently managed or stored by competent agencies, extraction of data and storage of information and data at related information systems and databases according to their competence, thereby meeting the requirements for management, exploitation and use.”.

2. To amend and supplement Clause 2 Article 25 as follows:

“2. Methods for digitalization of paper result sheets:

a) Photocopying and converting paper result sheets into files on information systems and databases;

b) Extracting data to ensure that the information is complete and accurate as in the papers and results of settlement of administrative procedures;

c) Converting contents of paper result sheets into electronic data for storage on information systems and databases.”

Article 10. Amending and supplementing a number of clauses of Article 26

1. To amend and supplement Clause 2 Article 26 as follows:

“2. To promulgate plans on, and direct the digitalization of valid paper result sheets of administrative procedures settled by their ministries or agencies so as to ensure data connection and sharing in settlement of administrative procedures in the electronic environment.”.

2. To amend and supplement Clause 3 Article 26 as follows:

“To organize the receipt and settlement of administrative procedures in the electronic environment falling within the settlement competence of ministries and ministerial-level agencies on the information system for settlement of administrative procedures.”.

3. To amend and supplement Clause 7 Article 26 as follows:

“7. To promulgate a communication plan on the performance of administrative procedures in the electronic environment, or include communication contents on the performance of administrative procedures in the electronic environment in the administrative procedure control plan, in order to attract organizations and individuals to perform administrative procedures in the electronic environment.”.

4. To amend and supplement Clause 9 Article 26 as follows:

“9. To periodically report to the Prime Minister on the implementation and results of implementation of this Decree in accordance with the guidance of the Ministry of Justice.”.

Article 11. Amending and supplementing a number of clauses of Article 27

1. To amend and supplement Clause 3 Article 27 as follows:

“3. To promulgate plans on, and direct the digitalization of valid paper result sheets of administrative procedures settled by their provincial-level People’s Committees so as to ensure data connection and sharing in settlement of administrative procedures in the electronic environment.”.

2. To amend and supplement Clause 4 Article 27 as follows:

“To organize the receipt and settlement of administrative procedures in the electronic environment falling within the settlement competence of localities on the information system for settlement of administrative procedures.”.

3. To amend and supplement Clause 6 Article 27 as follows:

“6. To promulgate a communication plan on the performance of administrative procedures in the electronic environment, or include communication contents on the performance of administrative procedures in the electronic environment in the administrative procedure control plan, in order to attract organizations and individuals to perform administrative procedures in the electronic environment.”.

4. To amend and supplement Clause 8 Article 27 as follows:

“8. To periodically report to the Prime Minister on the implementation and results of implementation of this Decree in accordance with the guidance of the Ministry of Justice.”.

Article 12. Amending and supplementing Article 28

“Article 28. The Ministry of Justice

In addition to the tasks assigned under Clause 2 Article 21 and Clause 3 Article 24 of this Decree, the Ministry of Justice shall perform the following tasks:

1. To assume the prime responsibility for, and coordinate with the Ministry of Public Security in:

a) Formulating criteria for assessing the quality of services provided to people and enterprises in the performance of administrative procedures and public services by ministries, sectors and localities on the National Public Service Portal.

b) Monitoring and supervising the results of assessment of the quality of services provided to people and enterprises in the performance of administrative procedures and public services by ministries, sectors and localities on the National Public Service Portal.

2. To provide guidance on the digitization of results of settlement of administrative procedures and the restructuring of processes for performance of administrative procedures in the electronic environment.”.

Article 13. Adding Article 28a after Article 28

“Article 28a. The Ministry of Public Security

1. To assume the prime responsibility for developing, managing and operating the National Public Service Portal and ensuring its technical operation and cybersecurity.

2. To provide guidance on data connection and sharing between the National Public Service Portal and the information system for settlement of administrative procedures and national and specialized databases, ensuring the full integration of information and data serving the settlement of administrative procedures.

3. To assume the prime responsibility for, and coordinate with the Ministry of Justice in, providing guidance on the connection and synchronization of data on the National Public Service Portal and relevant systems to serve the monitoring, supervision and assessment of the quality of services provided to people and enterprises in the performance of administrative procedures and public services; to connect and share data of the National Public Service Portal with the Digital platform for administrative procedure control to assess and score the administrative procedure reform of ministries, sectors and localities.

4. To provide guidance on updating, announcement and publicization of the databases specified at Point b Clause 1 Article 22 of this Decree.”.

Article 14. To add Clause 3 after Clause 2 Article 29

“3. To provide guidance on the functions, features, standards and technical regulations of the information system for settlement of administrative procedures, ensuring satisfaction of the requirements for uniform and synchronous technical implementation.”.

Article 15. To replace or repeal a number of phrases in a number of articles, clauses and points as follows:

1. To replace the phrase “the Government’s Decree No. 61/2018/ND-CP dated April 23, 2018 on the implementation of the single-window and inter-agency single-window mechanism in the performance of administrative procedures” with the phrase “Decree No. 118/2025/ND-CP on the performance of administrative procedures under the single-window and inter-agency single-window mechanisms at single-window sections and the National Public Service Portal, as amended and supplemented by Decree No. 367/2025/ND-CP and Decree No. 309/2026/ND-CP (hereinafter abbreviated as Decree No. 118/2025/ND-CP)” at Point g Clause 1 Article 5.

2. To replace the phrase “Article 9 of the 2005 Law on E-Transactions, Article 12 of the 2006 Law on Information Technology, Article 7 of the 2015 Law on Cyberinformation Security, Article 8 of the 2018 Law on Cybersecurity, Article 5 of the 2018 Law on Protection of State Secrets and Clauses 2 and 3 Article 5 of the Government’s Decree No. 61/2018/ND-CP dated April 23, 2018 on implementation of the single-window and inter-agency single-window mechanisms in settlement of administrative procedures” with the phrase “Article 9 of the Law No. 20/2023/QH15 on E-Transactions, Article 7 of the Law No. 116/2025/QH15 on Cybersecurity, Article 5 of the Law No. 117/2025/QH15 on Protection of State Secrets and Clauses 2 and 3 Article 5 of Decree No. 118/2025/ND-CP” in Clause 3 Article 5.

3. To replace the phrase “ministerial- or provincial-level single-window e-information system” with the phrase “the information system for settlement of administrative procedures” at Point c Clause 1 Article 6; to replace the phrase “ministerial- or provincial-level single-window e-information system, public service portal” with the phrase “the information system for settlement of administrative procedures” in Clause 5 Article 3 and Clause 1 Article 10; to replace the phrase “ministerial-level single-window information system” with the phrase “the information system for settlement of administrative procedures” in Clause 4 Article 26; to replace the phrase “provincial-level single-window information system” with the phrase “the information system for settlement of administrative procedures” in Clause 5 Article 27.

4. To replace the phrase “Account registration” with the phrase “Account for performance of administrative procedures” in the title of Article 7.

5. To replace the phrase “Clause 1 Article 15 of the Law on E-Transactions” with the phrase “Clause 1 Article 13 of the Law on E-Transactions” in Clause 2 Article 17.

6. To replace the phrase “the Government Office” with the phrase “the Ministry of Justice” in Clause 3 Article 24.

7. To replace the phrase “the Ministry of Information and Communications” with the phrase “the Ministry of Science and Technology” in Article 29.

8. To replace the phrase “The Government Office shall assume the prime responsibility for, and coordinate with the Ministry of Home Affairs, the Ministry of Justice and the Ministry of Information and Communications in,” with the phrase “The Ministry of Justice shall assume the prime responsibility for, and coordinate with the Ministry of Home Affairs, the Ministry of Public Security and the Ministry of Science and Technology in,” in Clause 1 Article 32.

9. To replace the phrase “People’s Committees of provinces and centrally run cities” with the phrase “provincial-level People’s Committees” in Clause 2 Article 19, Point b Clause 2 Article 24, Clause 2 Article 31 and Clause 2 Article 32.

10. To repeal Clause 1 Article 3.

11. To repeal the phrase “the Vietnam Social Security” in Clause 1 Article 19 and Clause 1 Article 24, and the phrase “the Director General of the Vietnam Social Security” in Article 26.

Article 16. Implementation provisions

1. This Decree takes effect on August 05, 2026.

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