Decree No. 45/2020/ND-CP performance of administrative procedures in the electronic environment

DECREE

On performance of administrative procedures in the electronic environment^[1]

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

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;

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

The Government promulgates the Decree on performance of administrative procedures in the electronic environment.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

1. This Decree prescribes the performance of administrative procedures in the electronic environment.

2. This Decree does not regulate the performance of administrative procedures under the national single-window mechanism and ASEAN single-window mechanism and specialized inspection of imports and exports.

Article 2.Subjects of application

1. Administrative procedure-settling agencies

a/ Ministries and ministerial-level agencies, the Vietnam Social Security, general departments and the equivalent, 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/ People’s Committees at all levels; specialized agencies of provincial- and district-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;

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

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

3. Organizations and individuals requesting performance of administrative procedures in the electronic environment and other related organizations and individuals (below referred to as organizations and individuals).

4. Businesses providing public-utility postal services, businesses and individuals hired or authorized to perform administrative procedures in accordance with law.

5. Banks and intermediary payment organizations providing payment services in the electronic environment.

6. Public non-business units, state enterprises and other public service providers are encouraged to apply this Decree in provision of online public services to organizations and individuals.

Article 3.Interpretation of terms

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

1. Electronic environment means an environment in which information is created, provided, exchanged, collected, processed and stored via the Internet, computer networks, information systems and databases.

2. Performance of administrative procedures in the electronic environment means that an agency or organization conducts all or some of the steps of performing administrative procedures or affair settlement procedures by electronic means via online public services.

3. E-dossiers for performance of administrative procedures means papers and documents in electronic forms which are submitted or additionally submitted by organizations and individuals requesting performance of administrative procedures to competent agencies and organizations according to regulations or papers and documents in electronic forms which are circulated among competent agencies and organizations in the process of receiving dossiers and settling administrative procedures.

4. Electronic transaction account means the electronic identity of a competent agency, cadre, civil servant or public employee or an organization or individual which is electronically authenticated to log into the National Public Service Portal and ministerial- and provincial-level public service portals and electronic single-window information systems when performing administrative procedures in the electronic environment and other activities in accordance with law.

5. Electronic identity exchange platform of the National Public Service Portal means the component which supports the connection and authentication of electronic identities of competent agencies, cadres, civil servants and public employees, organizations, and individuals and one-time login from the National Public Service Portal to ministerial- and provincial-level public service portals and electronic single-window information systems.

6. Electronic forms mean forms of applications and declarations for performance of administrative procedures, which are displayed in electronic forms.

7. Electronic copy means the copy in electronic form of an original paper document or a file containing adequate and accurate contents as recorded in the master register or original paper document.

8. Issuance of an electronic copy from a master register means that an agency or organization managing a master register, based on the master register, issues an electronic copy. Electronic copies from master registers must have adequate and accurate contents as recorded in the master registers.

9. Certification of an electronic copy from the original means that a competent agency or organization, based on the original paper document, certifies that the electronic copy is true to the original document.

10. Digitalization of administrative procedure settlement result sheets means that a state agency converts administrative procedure settlement result sheets already issued in the form of paper document into electronic document or digital information so as to enable the performance of administrative procedures in the electronic environment.

11. Electronic data warehouse of an organization or individual means a private electronic space of such organization or individual at the National Public Service Portal or a ministerial- or provincial-level public service portal which supports the management and storage of information and electronic data relating to administrative transactions of that organization or individual.

Article 4.Principles of performance of administrative procedures in the electronic environment

1. The performance of administrative procedures in the electronic environment has the same legal validity as other forms as prescribed by law.

2. The receipt of administrative procedure dossiers and settlement of administrative procedures in the electronic environment must be conducted in a lawful, reasonable and scientific manner; ensure equality, objectivity, publicity, transparency, information security and close coordination among competent agencies.

3. The performance of administrative procedures in the electronic environment must follow the approach of considering organizations and individuals requesting performance of administrative procedures as the center with simple, easy-to-understand and easy-to-implement language and implementation methods so as to contribute to fulfilling administrative procedure reform objectives.

4. Not to require organizations and individuals to declare and submit data currently managed by administrative procedure-performing agencies or already shared by other state agencies.

5. To maximize the number of steps of performing administrative procedures to be conducted in the electronic environment in order to save time, costs and efforts of organizations, individuals and competent agencies.

6. The performance of administrative procedures in the electronic environment must not lead to increase of charges and fees beyond those prescribed by law.

7. To comply with Vietnam’s law and treaties related to performance of electronic transactions which the Socialist Republic of Vietnam has signed or acceded to.

Article 5.Rights and obligations of, and prohibited acts for, organizations and individuals requesting performance of administrative procedures in the electronic environment

1. Rights

a/ To be assisted in the process of performing administrative procedures in the electronic environment;

b/ To search, track and download all electronic documents for performance of administrative procedures which have been successfully sent from the National Public Service Portal and ministerial- and provincial-level public service portals, and electronic administrative procedure settlement result sheets (below referred to as electronic result sheets);

c/ To preserve and safely store electronic dossiers, documents and result sheets in accordance with law;

d/ To request competent agencies to certify in writing the performance of administrative procedures in the electronic environment to serve other relevant activities in accordance with law. The request and certification must comply with the law on access to information;

dd/ To request competent agencies to share information and data on administrative procedure settlement results of organizations and individuals with other agencies to serve related requests and interests of such organizations and individuals;

e/ To have electronic result sheets and administrative procedure dossiers digitally signed by competent agencies, organizations and individuals recognized in accordance with law;

g/ To exercise the rights prescribed in the Law on E-Transactions and the Law on Information Technology and guiding documents, and exercise the rights and discharge the responsibilities prescribed in Clause 1, Article 6 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 mechanisms in settlement of administrative procedures.

2. Obligations

a/ To promptly and accurately provide information on registration of electronic transactions with administrative procedures-settling agencies;

b/ To manage and use electronic transaction accounts in a safe and confidential manner;

c/ To be held responsible for the accuracy and lawfulness of information and dossiers declared when performing administrative procedures in the electronic environment;

d/ To monitor, update and respond to information relating to e-transactions with administrative procedures-settling agencies and follow instructions and notifications received from these agencies;

dd/ To implement regulations on performance of administrative procedures in the electronic environment; to pay all charges and fees and fulfill other financial obligations (if any) as prescribed by law;

e/ To be held responsible before law if committing the violations prescribed in Clause 3 of this Article and other relevant laws.

3. Prohibited acts

Organizations and individuals performing administrative procedures in the electronic environment may not commit the prohibited acts prescribed in 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 Cyber Security, 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 of April 23, 2018, on implementation of single-window and inter-agency single-window mechanisms in settlement of administrative procedures.

Article 6. Responsibilities of and prohibited acts for cadres, civil servants and public employees receiving dossiers and settling administrative procedures in the electronic environment

1. Responsibilities

a/ To guide and assist organizations and individuals to perform administrative procedures in the electronic environment;

b/ To examine dossiers and send feedback to organizations and individuals according to  information registered by organizations and individuals when performing administrative procedures in the electronic environment;

c/ To use registered electronic transaction accounts to log into ministerial- and provincial-level electronic single-window information systems to monitor and settle organizations’ and individuals’ electronic dossiers for performance of administrative procedures in accordance with law and in an effective manner;

d/ To report to heads of administrative procedure-settling agencies when detecting acts of using information systems for improper purposes and signs affecting information safety and security for prompt handling;

dd/ To observe the Law on Cyberinformation Security, Law on Cyber Security and other relevant laws on personal information protection when collecting personal information of organizations and individuals participating in the performance of administrative procedures in the electronic environment;

e/ To update knowledge for proficient use of application software used in the settlement of administrative procedures in the electronic environment.

2. Prohibited acts

a/ To obstruct organizations’ and individuals’ selection of the method of performing administrative procedures in the electronic environment;

b/ To require organizations and individuals to submit paper documents for verification and examination in the process of receiving dossiers and settling administrative procedures, for those which are digitally signed and have their legal validity acknowledged;

c/ To illegally interfere in the process of performing administrative procedures in the electronic environment, including: transmitting, collecting, processing, sending or notifying dossier processing results and payment transactions; illegally interfering, falsifying dossiers’ data, payment transactions or administrative procedure processing results; disclosing information or copying dataultra vires;

d/ To commit frauds, impersonate, appropriate or illegally use electronic identities of organizations, individuals and competent agencies;

d/ To commit other prohibited acts related to activities of cadres, civil servants and public employees in the electronic environment.

Chapter II

PROCESS OF PERFORMANCE OF ADMINISTRATIVE PROCEDURES IN THE ELECTRONIC ENVIRONMENT

Article 7.Account registration

1. The registration of accounts for performance of administrative procedures in the electronic environment shall be conducted at the National Public Service Portal, ministerial- and provincial-level public service portals or conducted with the use of electronic identities granted by electronic identity-granting organizations and already connected and integrated with the electronic identity exchange platform of the National Public Service Portal.

2. The receipt of administrative procedure dossiers and settlement of administrative procedures in the electronic environment may be conducted only when dossiers are sent from registered accounts.

Article 8.Account login

1. Organizations and individuals shall access to the National Public Service Portal or a ministerial- or provincial-level public service portal, log into their accounts and proceed with procedures for electronic user authentication.

2. The security assurance level when logging into accounts

a/ The electronic identity security assurance level of an organization or individual which is used to log into its/his/her account shall be determined based on the ability to verify the accuracy of electronic identity information provided by such organization or individual through automatic comparison and collation with information and data managed by the system or connected to or shared with the system; or comparison with evidences directly provided by such organization or individual;

b/ The user authentication security assurance level of an organization or individual when logging into its/his/her account shall be based on at least one factor of authentication of such organization and individual.

3. Organizations and individuals that log into and are successfully authenticated on the National Public Service Portal may directly log into ministerial- and provincial-level public service portals or related public service-providing systems under the one-time login mechanism.

4. The authentication security assurance level of users when performing administrative procedures shall be determined by agencies and organizations that develop and provide online public services. In case the required authentication security assurance level of users when performing administrative procedures is higher than the level when logging, organizations and individuals shall add authentication solutions according to specific instructions of administrative procedure-providing agencies at the National Public Service Portal or ministerial- and provincial-level public service portals.

Article 9.Preparation and submission of electronic dossiers for performance of administrative procedures

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

a/ Making applications and declarations by filling in electronic forms provided by the system;

b/ Loading valid electronic papers and documents or citing documents from its/his/her electronic data warehouse;

c/ Inserting its/his/her digital signature on electronic applications, declarations, papers and documents if required. The requirement for digital signatures must be made public before the organization or individual submits the electronic dossier. Digitally signed documents have the same legal validity as paper documents with valid signatures.

2. After completing the preparation of electronic dossiers, applications and declarations, the organization or individual shall send them to the agency competent to receive them. If the organization or individual so agrees, information and data shall, after being recorded, be stored and automatically inserted on electronic forms and dossiers by the system upon subsequent times of performance of administrative procedures at the request of the organization or individual.

Article 10.Request for issuance of legally valid electronic copies

1. For papers and documents which have not yet been digitalized, stored, connected to or shared with the National Public Service Portal and ministerial- and provincial-level public service portals and electronic single-window information systems, organizations and individuals shall, based on their needs, request competent state agencies to issue electronic copies in two ways:

a/ Requesting the issuance of electronic copies from master registers;

b/ Requesting the certification of electronic copies from original papers and documents.

2. In case an organization or individual requests issuance of electronic copies from master registers, the master register-managing agency shall, based on the master registers, issue electronic copies bearing its digital signatures to the requester. The competence to issue, and organizations and individuals entitled to request issuance of, electronic copies from master registers must comply with the regulations on issuance of copies from master registers.

Electronic copies issued from master registers are valid for use as substitutes for the originals in transactions, unless otherwise prescribed by law.

3. In case an organization or individual requests certification of electronic copies from the originals, the competence to make certification, place of making certification, papers and documents serving as grounds for certification, responsibilities of certification requesters and certifiers, time limit and extension of the time limit for making certification, fee and other expenses for certification, and storage regime must comply with the regulations on certification of copies from the originals. Procedures for certification of electronic copies from the originals are as follows:

a/ The organization or individual shall produce the original papers and documents for use as grounds for certification of copies.

Original papers and documents which are issued, notarized or certified by foreign authorities must be consularly legalized in accordance with law before requesting certification of copies, except cases exempted from consular legalization under a treaty to which Vietnam is a contracting party or on the principle of reciprocity.

b/ The certifier shall examine the originals, electronically photocopy the originals, insert the statement of certification of copies from the originals and the digital signatures of himself/herself and the competent certification agency and update the certification register.

Electronic copies certified from paper original documents in accordance with this Decree are valid for use as substitutes for their originals in comparison and certification in transactions, unless otherwise prescribed by law.

4. The agency competent to issue electronic copies shall send digitally signed electronic copies to the organization’s or individual’s electronic data warehouse on the National Public Service Portal. In case the organization or individual has not yet had an account on the National Public Service Portal, the competent agency shall send digitally signed electronic copies to the organization or individual via the email address provided by such organization or individual.

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

1. The National Public Service Portal or a ministerial- or provincial-level 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 official receipt of the dossier.

2. Cadres, civil servants and public employees shall log into ministerial- or provincial-level electronic single-window information systems and examine electronic dossiers sent from organizations and dossiers. 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 ministerial- and provincial-level public service portals or electronic single-window information systems;

b/ Examining digital signature information 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 must comply with the Law on E-Transactions.

3. After conducting examination, cadres, civil servants public employees shall receive dossiers qualified for receipt, grant dossier codes and process the dossiers according to the process prescribed in Chapter III of the Government’s Decree No. 61/2018/ND-CP of April 23, 2018, and other relevant laws. For a dossier which is incomplete or inaccurate, cadres, civil servants or public employees shall send a notice thereof to the organization or individual via its/his/her account on the National Public Service Portal or ministerial- or provincial-level public service portal or communications channels registered by the organization or individual, and provide sufficient and specific instructions for once for the latter to supplement the dossier as requested.

4. Cadres, civil servants or public employees shall inform an organization or individual of the official receipt or request modification or supplementation of its/his/her dossier no later than 8 working hours after the system receives the dossier.

5. If organizations and individuals so agree, the information and documents specified in Clause 2 of this Article shall, after being received and acknowledged as accurate by competent agencies, be stored in the organizations’ or individuals’ electronic data warehouses.

Article 12.Modification or supplementation of information in electronic dossiers for performance of administrative procedures

1. Organizations and individuals shall modify or supplement dossiers on the National Public Service Portal or ministerial- or provincial-level public service portals at the request of competent agencies.

2. Forms of modification or supplementation of an electronic dossier include:

a/ Creating modified or supplemented information according to prescribed criteria and formats as instructed and send such information to the National Public Service Portal or ministerial- or provincial-level public service portals;

b/ Making direct declarations on the National Public Service Portal or ministerial- or provincial-level public service portals.

3. It is required to save revision history of modified or supplemented information and electronic dossiers and the modification and supplementation must not lead to change in administrative procedure dossier codes.

Article 13.Online fulfillment of financial obligations for settlement of administrative procedures

1. Organizations and individuals shall pay charges, fees and taxes and fulfill other financial obligations (if any) in settlement of administrative procedures via the online payment function on the National Public Service Portal or ministerial- or provincial-level public service portals or by other methods prescribed by law.

2. The authentication in online fulfillment of financial obligations on the National Public Service Portal shall be conducted by one of the following methods:

a/ One-time login on the basis of connecting accounts between the National Public Service Portal and ministerial- and provincial-level public service portals, public service providers and payment systems of banks and intermediary payment service providers.

b/ Via accounts of banks or intermediary payment service providers, in case of not using accounts of the National Public Service Portal for login.

3. The payment time and rates of charges, fees and other financial obligations (if any) must comply with the Law on Charges and Fees and other relevant legal documents.

4. State budget payment documents with digital signatures of banks or intermediary payment service providers and information on successful account deduction for remittance to the state budget shall be sent to payers, administrative procedure-settling agencies or units and related agencies and organizations (if any) for the latter to carry out subsequent steps in settlement of administrative procedures for organizations and individuals.

5. Documents used in information exchange between administrative procedure-settling agencies and units, financial obligation payers and banks or intermediary payment service providers must comply with the law on administrative procedures in the field of state treasury.

6. Online payment service charges must comply with regulations of banks or intermediary payment service providers, unless otherwise prescribed by law.

7. Responsibilities of banks or intermediary payment service providers:

a/ To provide solutions for online payment of charges, fees, taxes and other financial obligations in settlement of administrative procedures for individuals and organizations by administrative procedure-settling agencies or units by connecting and integrating with the online payment function on the National Public Service Portal or ministerial- or provincial-level public service portals;

b/ To make public online payment service charge rates in specific cases before organizations or individuals make payment;

c/ To make public the process and modes of making payment by organizations and individuals on the National Public Service Portal and ministerial- and provincial-level public service portal for use as a basis for coordination in conducting payment, settlement and handling of tracking requests and complaints;

d/ To conduct daily cross-check to ensure the matching and accuracy of data in transactions between banks and intermediary payment service providers and between banks or intermediary payment service providers and administrative procedure-settling agencies or units; if there are any disparities, concerned parties shall find out reasons and coordinate with one another in handling;

dd/ To account, and make final settlement of, revenues from fulfillment of financial obligations in the settlement of administrative procedures in accordance with law;

e/ To regularly review and examine, timely detect and remedy incidents caused by the system’s technical errors or faults of employees of banks or intermediary payment service providers; to coordinate with related agencies and units in finding out causes and solutions for ensuring safe and smooth management and operation of the online payment system on the National Public Service Portal or ministerial- or provincial-level public service portals;

g/ To ensure the quality of online payment services and keep confidential information during the payment process in accordance with law;

h/ To coordinate with administrative procedure-settling agencies in replying to inquiries and tracking requests of organizations and individuals performing administrative procedures.

8. Responsibilities of administrative procedure-settling agencies and units

a/ To integrate and synchronize information and data relating to requests for fulfillment of financial obligations in settlement of administrative procedures for individuals and organizations with the National Public Service Portal or ministerial- and provincial-level public service portals according to the scope of management and settlement of administrative procedures;

b/ To coordinate with banks or intermediary payment service providers in connecting, integrating and providing online payment services for financial obligations for administrative procedures falling within their competence; to conduct daily cross-checks to ensure the matching and accuracy of data among concerned parties; if there are disparities, the parties shall find out reasons and coordinate with one another in handling;

c/ To publicize information on the units acting as the focal points coordinating with commercial banks, intermediary payment service providers and related agencies and units on the National Public Service Portal or ministerial- and provincial-level public service portals for use as a basis for coordination in conducting payment and settlement and handling of tracking requests and complaints;

d/ To regularly review and examine, timely detect and remedy incidents caused by the system’s technical errors or faults of cadres, civil servants and public employees of their agencies and units; to coordinate with related agencies and units in finding out causes and solutions for ensuring safe and smooth management and operation of the online payment system on the National Public Service Portal or ministerial- or provincial-level public service portals;

dd/ To ensure the quality of online payment services and keep confidential information during the implementation process in accordance with law;

9. The State Treasury shall connect, integrate and share data with the National Public Service Portal to serve online fulfillment of financial obligations in settlement of administrative procedures.

Article 14.Administrative procedure settlement results

1. Competent agencies shall issue paper administrative procedure settlement result sheets (below referred to as paper result sheets) to organizations and individuals in accordance with specialized legal documents and concurrently send electronic result sheets to organizations’ and individuals’ electronic data warehouses. In case an organization or individual performs administrative procedures under authorization, the storage of electronic result sheets must comply with the authorization agreement.

2. Electronic result sheets of competent agencies have the same legal validity as paper result sheets.

3. An electronic result sheet must:

a/ Fully reflect contents of administrative procedure settlement results as prescribed;

b/ Contain the digital signature of the agency competent to settle the administrative procedure;

c/ Ensure data integrity, authenticity, non-repudiation and conformity with the Law on E-Transactions;

d/ Be synchronized to the organization’s or individual’s electronic data warehouse on the National Public Service Portal under a unified code structure, comprising:

Administrativeproceduredossier code-KQ(n)

In which n is a serial number of the administrative procedure settlement result, for dossiers having more than one result.

Article 15.Invalidation of electronic result sheets

1. In case administrative procedure performance results are no longer valid and abolished, competent agencies shall mark and record the time of invalidation of and invalidate relevant electronic result sheets on databases, information systems and electronic data warehouses of organizations and individuals and notify thereof to related agencies.

2. Invalided electronic result sheets shall still be stored for reference by competent state agencies according to the retention duration prescribed by specialized laws.

3. The paper result sheets which are converted from electronic result sheets (if any) shall also be invalidated and no longer valid for use at the time when the electronic result sheets are invalidated (if any).

Article 16. Electronic data warehouses of organizations and individuals

1. An organization or individual having an account for conducting transactions on the National Public Service Portal or ministerial- or provincial-level public service portals shall be provided with an electronic data warehouse on the portal.

2. Electronic data warehouses of organizations and individuals on the National Public Service Portal shall assist the management and storage of data or links to data concerning:

a/ Basic information on enterprises provided or updated from the  national enterprise database; basic information on citizens provided or updated from the national population database;

b/ Administrative procedure settlement results or links to administrative procedure settlement results settled by  ministries, ministerial-level agencies or localities;

c/ Documents included in administrative procedure dossiers received and successfully settled by competent agencies and stored with the consent of organizations and individuals;

d/ Electronic copies from master registers or electronic copies certified from the originals issued by competent agencies;

dd/ Information available on ministerial- and provincial-level public service portals which are synchronized with the National Public Service Portal.

3. Electronic data warehouses of organizations and individuals on ministerial- and provincial-level public service portals shall assist the storage of information or links to information concerning:

a/ Basic information on enterprises provided from enterprise databases; basic information on citizens provided from the national population database after the connection and sharing of information between ministerial- and provincial-level public service portals and such databases are conducted;

b/ Documents included in administrative procedure dossiers received and successfully settled and administrative procedure settlement results by ministries, ministerial level agencies or localities managing the system.

4. Information stored in electronic data warehouses of organizations and individuals on the National Public Service Portal and ministerial- and provincial-level public service portals shall be automatically analyzed so as to assist organizations and individuals in:

a/ Automatically inserting information on electronic forms;

b/ Assisting, notifying and recommending the performance of administrative procedures suitable to demands of organizations and individuals.

5. The management, connection and sharing of data on electronic data warehouses of organizations and individuals must comply with regulations on management, connection and sharing of digital data of state agencies,  regulations on personal data protection and other related laws.

Article 17.Archive of electronic administrative procedure dossiers and electronic result sheets

1. Electronic administrative procedure dossiers and electronic result sheets shall be stored in accordance with specialized laws and in conformity with electronic archive environment and conditions and relevant provisions of the law on archives. The archive of electronic dossiers and electronic result sheets is as valid as archive of paper dossiers and result sheets.

2. Agencies and units archiving electronic administrative procedure dossiers and electronic result sheets must satisfy the conditions prescribed in Clause 1, Article 15 of the Law on E-Transactions.

Article 18.Conversion of electronic administrative procedure dossiers and electronic result sheets into paper documents

1. Organizations and individuals may print out electronic administrative procedure dossiers and electronic result sheets created by themselves, and agencies competent to settle administrative procedures may print out administrative procedure dossiers and electronic result sheets of organizations and individuals under their management from their information systems for storage, information comparison or presentation to agencies competent to examine information on administrative dossier dossiers and administrative procedure settlement results, or provision to organizations and individuals wishing to look up or verify information in accordance with law.

2. Paper documents converted from electronic administrative procedure dossiers or electronic result sheets must:

a/ Fully and accurately reflect the contents of electronic administrative procedure dossiers or electronic result sheets;

b/ Contain information indicating the processing of the administrative procedure dossiers or administrative procedure results in an information system and the name of such information system or name of the information system administrator;

c/ Indicate the identification codes of electronic administrative procedure dossiers or electronic result sheets serving the search and verification of information or full name and signature of the person conducting the conversion;

d/ Bear the seal by the agency or unit conducting the conversion in case such conversion is required by law or conducted under the agreement among concerned transaction parties;

dd/ Be searchable at any time when the information system is under normal operation.

3. Paper sheets converted from electronic administrative procedure dossiers and electronic result sheets shall be as valid as electronic administrative procedure dossiers and electronic result sheets, unless otherwise prescribed by specialized laws.

4. Information systems used to create and process electronic administrative procedure dossiers and electronic result sheets must have the function of converting electronic administrative procedure dossiers and electronic result sheets into paper documents.

Chapter III

CONTROL OF THE PROVISION OF ADMINISTRATIVE PROCEDURES IN THE ELECTRONIC ENVIRONMENT

Article 19.Responsibility to ensure the provision of administrative procedures in the electronic environment

1. Ministries, ministerial-level agencies, and the Vietnam Social Security shall formulate and provide the following administrative procedures in the electronic environment:

a/ Administrative procedures to be settled by themselves;

b/ Administrative procedures for which they are assigned to formulate solutions for  centralized provision nationwide;

c/ Groups of interrelated administrative procedures under the state management of more than one ministry or agency.

2. Provincial-level People’s Committees shall formulate and implement solutions to ensure the performance in the electronic environment of administrative procedures to be settled by local administrations, except those specified in Clause 1 of this Article.

Article 20.Contents on control of the provision of administrative procedures in the electronic environment

1. The provision of administrative procedures in the electronic environment shall be subject to professional and technical control in the process of formulation and operation.

2. Professional control covers assessments of the necessity, rationality, lawfulness and effectiveness in the procedure selection process, the identity and e-authentication security assurance level of procedures, and organization of the implementation of solutions for performance of administrative procedures in the electronic environment, and during the review of the provision of administrative procedures on the electronic environment.

3. Technical control covers assessment according to system design standards; data connection and sharing; assurance of information security and data integrity; system response time; data storage capacity; error processing time; and levels of friendliness of user interfaces.

Article 21.Selection of administrative procedure groups and administrative procedures to be performed in the electronic environment

An administrative procedure group or administrative procedure shall be given priority to be performed in the electronic environment if satisfying at least one of the following criteria:

1. It is an administrative procedure with a large number of dossiers or high transaction frequency;

2. It is an administrative procedure of which dossier documents and input data have been digitalized by state agencies and are available for connection and sharing;

3. It is an administrative procedure which requires a large number of dossier documents and a large-sized electronic dossier;

4. It is a group of interrelated administrative procedures to be settled by more than one ministry, ministerial-level agency or locality;

5. It is a group of administrative procedures to be settled by more than one unit of a ministry, ministerial-level agency or locality;

6. It is an administrative procedure group or administrative procedure which is prioritized for performance in the electronic environment under the direction of the Government or Prime Minister.

Article 22.Making of lists of administrative procedures prioritized for performance in the electronic environment

1. Annually, specialized agencies and units shall coordinate with agencies and units having the function of controlling administrative procedures of ministries, ministerial-level agencies, the Vietnam Social Security, and provincial-level People’s Committees in reviewing administrative procedures which fall under their management as prescribed in Article 19, and meet the selection criteria prescribed in Article 21, of this Decree, formulating lists of administrative procedures prioritized for performance in the electronic environment, and consulting related agencies, units and stakeholders, and submitting them to ministers, heads of relevant agencies, or chairpersons of provincial-level People’s Committees for consideration and decision. Such a decision must clearly specify the time and roadmap for, as well as the organization of, formulation, operation and exploitation of these procedures.

2. The Government Office shall assume the prime responsibility for, and coordinate with ministries, agencies, and provincial-level People’s Committees in, reviewing and assisting the Government and Prime Minister in promulgation of a list of administrative procedures and administrative procedure groups to be settled by more than one ministry or ministerial-level agency or by both ministries and localities which are prioritized for performance in the electronic environment.

Article 23.Process of formulation and implementation of solutions to ensure the provision of administrative procedures in the electronic environment

1. Agencies and units having the function of controlling administrative procedures shall coordinate with specialized agencies and units of ministries, ministerial-level agencies, the Vietnam Social Security, and provincial-level People’s Committees in reviewing interconnected administrative procedure groups and administrative procedures on the approved lists of those prioritized for performance in the electronic environment; and simplifying requirements on dossier documents 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 documents which can be examined and authenticated thanks to data integration and sharing 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 authorities 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.

2. To simplify the order, shorten the duration of performance of, and lessen other components of administrative procedures on the basis of application of information technology in the receipt and settlement of administrative procedure dossiers.

3. To determine professional solutions for settlement of administrative procedures; identification solutions, and safety assurance levels of e-authentication methods; solutions for integration, sharing and exploitation of information of related data sources and public services; and other technical solutions.

4. Based on the simplification methods and solutions specified in Clauses 1 and 2 of this Article, ministers, heads of ministerial-level agencies and chairpersons of provincial-level People’s Committees shall direct the provision of administrative procedures in the electronic environment, meeting technical standards regarding interface, access, interaction, data sharing and connection, storage and security according to regulations.

5. Each service shall be provided on a trial basis for 2 months and completed before it is put into official operation in a ministerial- or provincial-level public service portal or the National Public Service Portal.

Article 24.Review and assessment of the provision of administrative procedures in the electronic environment

1. Agencies in charge of reviewing and assessing the provision of administrative procedures in the electronic environment are those responsible for ensuring conditions for performance of administrative procedures in the electronic environment as prescribed in Article 19 of this Decree.

2. Agencies or units having the function of controlling administrative procedures shall coordinate with specialized agencies or units of their ministries, ministerial-level agencies, the Vietnam Social Security or provincial-level People’s Committees in making lists of  administrative procedures currently performed in the electronic environment to be reviewed and assessed based on one of the following grounds:

a/ The Government’s or Prime Minister’s directions;

b/ Decisions of their ministers, ministerial-level agency heads, or provincial-level People’s Committee chairpersons;

c/ Organizations’ and individuals’ feedback, recommendations and assessment results about administrative procedures in the electronic environment.

3. The Government Office shall review and make independent assessment of the provision of administrative procedures in the electronic environment:

a/ At the direction of the Government or Prime Minister;

b/ For groups of interrelated administrative procedures to be settled by more than one ministry, ministerial-level agency, or locality; or,

c/ For administrative procedures integrated and provided on the National Public Service Portal which are assessed by many organizations and individuals as being complicated and hard-to-implement, or obstructing production and business activities of economic organizations and people’s life.

4. Review and assessment of the provision of administrative procedures in the electronic environment cover review and assessment of administrative procedures according to regulations on administrative procedure control and assessment of solutions to ensure the provision of administrative procedures in the electronic environment.

5. Review and assessment results shall serve as a basis for ministers, heads of ministerial-level agencies and chairpersons of provincial-level People’s Committees to direct the quality improvement of the provision of administrative procedures in the electronic environment.

Article 25.Digitalization of paper result sheets

1. Ministers, heads of ministerial-level agencies, the General Director of the Viet Nam Social Security, and chairpersons of provincial-level People’s Committees shall direct the digitalization of paper result sheets currently managed or stored by competent agencies and store information and data at related information systems and databases according to their management competence.

2. Methods for digitalization of paper result sheets:

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

b/ Converting contents of paper result sheets into electronic data for storage on information systems and databases.

3. An electronic result sheet converted from a paper result sheet must satisfy the following requirements:

a/ Fully reflecting the contents of the paper result sheet; 

b/ Bearing the digital signature of the individual or agency or organization conducting (or in charge of) the conversion of the paper result sheet or being authenticated by a authentication method decided by a competent agency;

c/ Bearing a particular symbol certifying that it is converted from a paper sheet.

4. Electronic result sheets converted from paper result sheets shall be as legally valid as the paper result sheets, unless otherwise prescribed by specialized laws.

Chapter IV

TASKS OF MINISTRIES, AGENCIES AND LOCALITIES

Article 26.Tasks of ministers, heads of ministerial-level agencies, and the General Director of the Vietnam Social Security

1. To direct the formulation and implementation of solutions to ensure the provision in the electronic environment of administrative procedures under their management according to Clause 1, Article 19 of this Decree.

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. The digitalization must be completed before December 31, 2025.

3. To publicize on their ministries’ or agencies’ public service portals lists of administrative procedures settled by their ministries or agencies which are provided in the electronic environment and organize the receipt of dossiers and settlement of these procedures.

4. To direct the management, protection, periodical examination, review and enhancement of measures to ensure information safety and security for ministerial-level public service portals and single-window information systems, ensuring reliable, uninterrupted, and safe operation as well as timely remedy of system errors when performing administrative procedures in the electronic environment.

5. To inspect and examine the performance in the electronic environment of administrative procedures in their assigned sectors and fields in accordance with law.

6. To direct the assessment of quality of the methods of performance of administrative procedures under their management in the electronic environment which are applied by themselves and by localities.

7. To promulgate plans on communications about performance of administrative procedures in the electronic environment to attract organizations and individuals to efficiently exploit and use these procedures.

8. To adopt appropriate forms of reward and commendations as well as handling measures for collectives and individuals in performance of the assigned tasks according to their competence.

9. To submit reports on the situation and results of the implementation of this Decree to the Prime Minister as guided by the Government Office once every 6 months before June 15 and December 15 every year.

Article 27.Responsibilities of chairpersons of provincial-level People’s Committees

1. To direct and organize the receipt of dossiers and settlement in the electronic environment of administrative procedures to be settled by localities on provincial-level public service portals according to Clause 2, Article 19 of this Decree.

2. To organize assessment of quality of methods of performance of administrative procedures in the electronic environment they apply.

3. To promulgate plans on, and direct the digitalization of valid paper result sheets for administrative procedures settled by themselves to ensure data connection and sharing in settlement of administrative procedures in the electronic environment. The digitalization must be completed before December 31, 2025.

4. To publicize on their provincial-level public service portals lists of administrative procedures under their management which are to be settled in the electronic environment, and organize the receipt of dossiers and settlement of these procedures.

5. To direct the management, protection, periodical examination, review and enhancement of measures to ensure information safety and security for provincial-level public service portals and single-window information systems, ensuring reliable, uninterrupted and safe operation and timely remedy of system errors in the performance of administrative procedures in the electronic environment.

6. To promulgate plans on communications about administrative procedures in the electronic environment to attract organizations and individuals to efficiently use and exploit these procedures.

7. To adopt appropriate forms of reward and commendations as well as handling measures for collectives and individuals in performance of the assigned tasks according to their competence.

8. To submit reports on the situation and results of the implementation of this Decree to the Prime Minister as guided by the Government Office once every 6 months before June 15 and December 15 every year.

Article 28.The Government Office

In addition to the tasks assigned under Clause 2, Article 22 and Clause 3, Article 24 of this Decree, the Government Office shall perform the following tasks:

1. To prescribe in detail criteria for assessment of quality of the methods of performance of administrative procedures in the electronic environment applied by ministries, ministerial-level agencies, and localities.

2. To provide guidelines on information and data which need to be integrated, shared and synchronized in service of online payment of financial obligations in settlement of administrative procedures on the National Public Service Portal.

3. To assess the effectiveness and convenience of the formulation and performance of administrative procedures in the electronic environment provided by ministries, ministerial-level agencies and localities, and the integration of services on the National Public Service Portal. 

4. To coordinate with the Ministry of Information and Communications, Ministry of Public Security, Ministry of National Defense and Government Cipher Committee in ensuring information safety and security for the National Public Service Portal.

Article 29.The Ministry of Information and Communications

1. To guide the supervision and assessment of the effectiveness and extent of use of online public services.

2. To guide and support the integration of public digital signatures in the course of provision of online public services.

Article 30.The Government Cipher Committee

1. To provide digital certificates and the Government’s specialized digital signature certification services serving the receipt of dossiers and settlement of administrative procedures by state agencies and organizations.

2. To guide and support state agencies and organizations to integrate digital signatures and the Government’s specialized digital signature authentication services in performance of administrative procedures in the electronic environment.

Chapter V

IMPLEMENTATION PROVISIONS

Article 31.Effect

1. This Decree takes effect on May 22, 2020.

2. Ministries, ministerial-level agencies, government-attached agencies, and provincial-level People’s Committees shall review, adjust, upgrade and improve administrative procedures already provided in the electronic environment in compliance with this Decree before December 31, 2020.

Article 32.Implementation responsibilities

1. The Government Office shall assume the prime responsibilities for, and coordinate with the Ministry of Home Affairs, Ministry of Justice, and Ministry of Information and Communications in, guiding, urging, and examining the implementation of this Decree; and promptly report difficulties arising in the implementation of this Decree to the Prime Minister for direction.

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

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC