THEGOVERNMENT | | THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness |
No. 61/2018/ND-CP | | Hanoi, April 23, 2018 |
DECREE
On the implementation of the single-window and inter-agency single-window mechanism in the performance of administrative procedures[1]
THE GOVERNMENT
Pursuant to the June 19, 2015 Law on Organization of the Government;
Pursuant to the June 19, 2015 Law on Organization of Local Administrations;
Pursuant to the November 29, 2005 Law on E-Transactions;
Pursuant to the June 29, 2006 Law on Information Technology;
Pursuant to Clause 2, Article 19 of the June 22, 2015 Law on Promulgation of Legal Documents;
At the proposal of the Minister-Director of the Government Office;
The Government promulgates the Decree on the implementation of the single-window and inter-agency single-window mechanism in the performance of administrative procedures.
Chapter I
GENERAL PROVISIONS
Article 1.Scope of regulation
1. This Decree prescribes the implementation of the single-window and inter-agency single-window mechanism in the performance of administrative procedures for organizations and individuals.
2. This Decree does not regulate the performance of administrative procedures under the national single-window mechanism prescribed in the Customs Law.
Article 2.Subjects of application
1. Agencies performing administrative procedures
a/ Ministries and ministerial-level agencies; general departments, directorates and the equivalent, and departments of ministries and ministerial-level agencies that have duties and powers to perform administrative procedures and participate in performing 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 that have duties and powers to perform administrative procedures;
The agencies specified at Points a and b of this Clause are below referred to as competent agencies.
2. Cadres, civil servants and public employees of competent agencies specified in Clause 1 of this Article, army officers and public security officers of the Ministry of National Defense and Ministry of Public Security (below referred to as cadres, civil servants and public employees).
3. Organizations and individuals that wish to have administrative procedures performed (below referred to as organizations and individuals).
4. Businesses providing public postal services, businesses and individuals hired or authorized to perform administrative procedures in accordance with law.
5. Public non-business units, state enterprises and other organizations and individuals are encouraged to apply this Decree in performing procedures for organizations and individuals.
Article 3.Interpretation of terms
In this Decree, the terms and expressions below are construed as follows:
1. Single-window mechanism in the performance of administrative procedures means a method of receiving dossiers, performing administrative procedures and notifying performance results, and monitoring, supervising and rating the performance of administrative procedures for organizations and individuals by a competent agency via its single-window section as defined in Clause 3 of this Article.
2. Inter-agency single-window mechanism in the performance of administrative procedures means a method of coordination among competent agencies in receiving dossiers, performing an administrative procedure or a group of interrelated administrative procedures and notifying performance results, and monitoring, supervising and rating the performance of administrative procedures for organizations and individuals via a single-window section as defined in Clause 3 of this Article.
3. Single-window section means a section in charge of receiving dossiers for and notifying results of performance of administrative procedures or a provincial-level public administrative service center performing the duty and exercising the powers to guide, receive, process or transfer dossiers for and notify results of performance of administrative procedures, and monitor, supervise and rate the performance of administrative procedures for organizations and individuals.
4. National public service portal means a portal providing information on online public services, performance and results of performance of administrative procedures on the basis of connection to, and retrieval of data from, ministerial- and provincial-level single-window e-information systems, and professional and technical assistance solutions, which is built and managed by the Government Office.
5. Ministerial- or provincial-level public service portal means a portal providing information on online public services, performance and results of performance of administrative procedures on the basis of incorporating and sharing data with ministerial- and provincial-level single-window e-information systems.
6. Ministerial- or provincial-level single-window e-information system means an internal information system having the functions of assisting the receipt of dossiers and performance of administrative procedures, monitoring the receipt of dossiers, performance and results of performance of administrative procedures by agencies or units of a ministry or province; connecting, incorporating and sharing data with the document management system for processing dossiers in the cyber environment; connecting and integrating with the national public service portal and ministerial- or provincial-level public service portals to publicly notify results of performance of administrative procedures and provision of online public services.
7. Rating of administrative procedure performance means comments and conclusions of competent agencies, organizations and individuals on the quality and progress of the provision of guidance, receipt of dossiers, performance and notification of results of performance of administrative procedures by single-window sections and cadres, civil servants, public employees and agencies performing administrative procedures.
Article 4.Principles of implementing the single-window and inter-agency single-window mechanism
1. Level of satisfaction of organizations and individuals shall be used to measure the performance quality and efficiency of cadres, civil servants, public employees and competent agencies.
2. The performance of administrative procedures under the single-window or inter-agency single-window mechanism shall be managed in a centralized and uniform manner.
3. Administrative procedures shall be performed in a prompt, quick, convenient, lawful, fair, equal, objective, public and transparent manner and with close coordination among competent agencies.
4. The process of performing administrative procedures shall be urged, examined, monitored, supervised and rated by different methods on the basis of intensified application of information technology and with the involvement of organizations and individuals.
5. No additional expenses for performing administrative procedures shall be collected from organizations and individuals in contravention of law.
6. Cadres, civil servants, public employees and competent agencies shall be accountable for the performance of their public duties in carrying out administrative procedures in accordance with law.
7. All Vietnamese regulations and international treaties relevant to the implementation of the single-window and inter-agency single-window mechanism in the performance of administrative procedures which the Socialist Republic of Vietnam has signed or acceded to shall be complied with.
Article 5.Prohibited acts in the performance of administrative procedures under the single-window and inter-agency single-window mechanism
1. Cadres, civil servants and public employees tasked to guide and receive dossiers, perform administrative procedures and notify performance results under the single-window and inter-agency single-window mechanism at the offices of single-window sections and competent agencies are prohibited from taking the following acts:
a/ Showing authoritarianism, harassing or causing difficulties to organizations and individuals;
b/ Obstructing organizations and individuals in selecting methods of dossier submission, receipt and notification of results of performance of administrative procedures as prescribed by law;
c/ Illegally obstructing or preventing the transmission, sending or receipt of electronic data; illegally changing, deleting, destroying, forging, copying or moving several or all of data on implementation of administrative procedures;
d/ Disclosing information on dossiers and documents and information relating to secrets of organizations and individuals or using such information for self-seeking purposes;
dd/ Refusing to implement or prolonging the time for performance of, administrative procedures, or arbitrarily requesting addition of documents and papers in contravention of law;
e/ Transacting in person with organizations or individuals or requesting supplementation of dossiers not via the single-window section, unless otherwise prescribed by law;
g/ Shirking responsibility, being uncooperative, unfair or subjective or acting unlawfully in the process of performing administrative procedures;
h/ Behaving oneself or communicating not in conformity with the public-office code of conduct;
i/ Taking other illegal acts while on duty.
2. Organizations and individuals wishing to have administrative procedures performed are prohibited from:
a/ Falsifying, falsely claiming, appropriating, illegally using dossiers, documents and results of performance of administrative procedures;
b/ Obstructing the performance of administrative procedures for organizations and individuals;
c/ Employing other tricks to deceive or bribe cadres, civil servants and public employees performing administrative procedures;
d/ Making untruthful or groundless slanders, reports, complaints or denunciations or impersonating other persons to make untruthful or groundless denunciations against, or doing so while being unable to prove law-breaking acts of, cadres, civil servants, public employees or competent agencies in the course of guiding and receiving dossiers, performing administrative procedures and notifying performance results;
dd/ Hurting the honor of competent agencies; using force or threatening to use force against, or hurting the honor or dignity of, cadres, civil servants, public employees and competent agencies in the course of guiding and receiving dossiers, performing administrative procedures and notifying performance results;
e/ Giving partial, unfair, dishonest, unlawful or untruthful remarks or rating on the work of cadres, civil servants, public employees and competent agencies in the course of guiding and receiving dossiers, performing administrative procedures and notifying performance results;
g/ Taking other illegal acts as prescribed by law.
3. Businesses providing public postal services and businesses and individuals hired or authorized to implement administrative procedures are prohibited from:
a/ Obstructing the performance of administrative procedures;
b/ Deceiving cadres, civil servants, public employees, competent agencies or their hirers or authorizers;
c/ Other acts as prescribed by law.
Article 6.Rights and responsibilities of organizations and individuals implementing administrative procedures
1. Rights
a/ To be guided how to make and receive their dossiers and how to receive dossier receipts and appointments for receipt of results;
b/ To reject requests which are made not in accordance with legal documents on administrative procedures;
c/ To report and make recommendations to competent agencies on the redundancy, irrationality and unlawfulness of administrative procedures;
d/ To make reports, petitions, complaints or denunciations against cadres, civil servants and public employees when having grounds or pieces of evidence to prove that the guidance on and receipt of dossiers, completion and notification of results of performance of administrative procedures are unlawful and prove other related illegal acts;
dd/ Other rights provided by law.
2. Responsibilities
a/ To take responsibility for the lawfulness and accuracy of papers included in their dossiers and provide sufficient relevant information;
b/ To produce dossier receipts and appointments for notification of results for receiving results of performance of administrative procedures at single-window sections. In case a person is authorized to receive results for another person, he/she shall also produce a letter of authorization;
c/ To fully comply with the regulations on performance of administrative procedures and regulations of single-window sections; to pay all charges and fees (if any) as prescribed;
d/ To be held responsible before law for their violations specified in Clauses 2 and 3, Article 5 of this Decree and other relevant regulations.
Chapter II
ORGANIZATION, WORKING RELATIONS AND OFFICES OF SINGLE-WINDOW SECTIONS
Article 7.Organization of single-window sections
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 within their ministries’ or agencies’ offices.
In case of establishing no dossier receipt and result notification section within the ministry’s or ministerial-level agency’s office, the minister or head of such agency shall decide on the establishment of such a section at a general department, directorate or the equivalent;
b/ Based on the principles prescribed in Article 4 and other provisions of this Decree, the Minister of National Defense and Minister of Public Security shall decide on implementation of the single-window and inter-agency single-window mechanism suitable to their ministries’ working conditions;
c/ In pursuance to this Decree, other relevant regulations and treaties to which the Socialist Republic of Vietnam has signed or acceded to, and depending on the conditions and situation of each country or region, the Minister of Foreign Affairs shall decide on implementation of the single-window and inter-agency single-window mechanism to perform administrative procedures at overseas Vietnamese diplomatic missions and consular offices or Vietnamese representative agencies at overseas international organizations.
2. At the provincial level
a/ Provincial-level People’s Committees shall decide to establish public administrative service centers as special administrative units of their offices which have their own seals for performance of assigned tasks and exercise of vested powers.
These centers’ physical foundations, offices, equipment, machinery and technical devices shall be ensured and managed by the offices of provincial-level People’s Committees.
Based on the frequency of receipt of administrative procedures dossiers, available working offices of specialized agencies and local natural and socio-economic conditions, the People’s Committees of Hanoi and Ho Chi Minh City shall propose their People’s Councils to decide on the number of public administrative service centers to be established in their cities;
b/ In case a province lacks conditions for organizing a public administrative service center, heads of specialized agencies of the provincial People’s Committee shall decide to establish dossier receipt and result notification sections within the offices of their agencies.
The physical foundations, offices, equipment, machinery and technical devices of dossier receipt and result notification sections at provincial-level specialized agencies shall be ensured by these agencies.
3. At the district level
District-level People’s Committees shall decide to establish dossier receipt and result notification sections within the offices of district-level People’s Councils and People’s Committees.
The offices of district-level People’s Councils and People’s Committees shall ensure and manage the working offices, equipment, machinery, apps and networks of the above sections.
4. At the commune level
Commune-level People’s Committees shall decide to establish their dossier receipt and result notification sections.
5. Heads of hierarchically organized central agencies based in localities may decide to establish dossier receipt and result notification sections at their offices or specialized units or organizations of their agencies (in case these units or organizations have no offices), and at the same time direct the appointment of cadres, civil servants and public employees to provincial-level public administrative service centers and district-level dossier receipt and result notification sections to receive dossiers and perform administrative procedures under their competence as specified in Clauses 2 and 3, Article 14 of this Decree.
6. At ministries, sectors and provincial-level People’s Committees where dossier receipt and result notification sections are established at specialized units or organizations, the offices of such ministries or provincial-level People’s Committees shall be assigned to monitor, supervise and urge the implementation of the single-window and inter-agency single-window mechanism at such units or agencies via the ministerial- or provincial-level single-window e-information systems.
Article 8.Tasks and powers of single-window sections
1. Tasks
a/ To fully and promptly publicize electronic or printed lists of administrative procedures which they perform; contents of administrative procedures to be publicized under the regulations on control of administrative procedures and this Decree; to provide assistance to those who have no electronic access to administrative procedures;
b/ To guide the implementation of administrative procedures; to receive administrative procedure dossiers; to complete or transfer dossiers for performance of administrative procedures; to notify results of performance of administrative procedures; to monitor, supervise and rate the performance and notification of results of performance of administrative procedures to organizations and individuals; to collect charges and fees (if any) as prescribed;
c/ To coordinate with related agencies and units in performing administrative procedures and notifying performance results to organizations and individuals, for administrative procedures required to be completed within one day or administrative procedures which civil servants or public employees at single-window sections are assigned or authorized to perform; to instruct organizations and individuals how to use level-3 and level-4 online public services;
d/ To coordinate with competent agencies and other related agencies in organizing retraining and refresher courses to raise professional qualifications and skills of cadres, civil servants and public employees assigned to guide and receive dossiers and notify results of performance of administrative procedures under the single-window and inter-agency single-window mechanism;
dd/ To receive and settle or report to competent agencies for settlement reports, petitions, complaints and denunciations against cadres, civil servants, public employees and competent agencies regarding the guidance and receipt of dossiers, performance of administrative procedures, transfer of dossiers for and notification of performance results; to notify competent agencies’ responses to the above-mentioned reports, petitions, complaints and denunciations;
e/ To provide equipment and devices for single-window sections under Point b, Clause 2, Article 13 of this Decree and necessary services for legal consultancy, payment of charges, fees and taxes, hiring of foreign and ethnic minority language interpreters (when necessary), duplication and printing, and other necessary services required by organizations and individuals at charge rates approved by competent authorities;
g/ To perform other tasks assigned to them in accordance with law.
2. Powers
a/ To request competent agencies and related agencies and units to provide information and documents to serve the receipt of dossiers and performance of administrative procedures;
b/ To reject dossiers made not under regulations; to assume the prime responsibility for monitoring, supervising and urging related agencies and units in the performance of administrative procedures according to the approved process; to request competent agencies to inform them of the receipt of dossiers and process of performance of administrative procedures; to remind agencies and units joining single-window sections to process dossiers on time;
c/ To monitor, urge, remark and rate cadres, civil servants and public employees appointed by competent agencies to work at single-window sections regarding their observance of regulations on working time, public-duty regime, public-office code of conduct and internal rules;
d/ To propose improvement of the quality of services and public duties to ensure their timely provision and performance and convenience for organizations and individuals; to organize or coordinate with one another in organizing public information about the implementation of the single-window and inter-agency single-window mechanism in the performance of administrative procedures;
dd/ To manage and propose competent authorities to upgrade physical foundations, information technology infrastructure and apps of single-window e-information systems; to take part in ensuring information security in the process of operating and using these systems;
e/ To exercise other powers vested in accordance with law.
Article 9.Responsibilities of heads of single-window sections
1. To directly administer and be answerable to heads of competent agencies for all operations of their sections.
To sign on behalf of heads of competent agencies documents urging related functional agencies and units to perform administrative procedures in order to ensure the performance of administrative procedures under regulations; to report to and propose heads of competent agencies measures to handle cases where administrative procedures are not performed on time and with required quality.
2. To exchange opinions on a quarterly or an extraordinary basis with competent agencies that have single-window sections to receive and perform administrative procedures on the management, administration and performance of tasks and the receipt of dossiers and performance of administrative procedures by specialized agencies at single-window sections.
3. To manage working time and progress of dossier processing, working attitude and style and conduct of cadres, civil servants and public employees working at their single-window sections and report on a monthly basis to agencies that have appointed such cadres, civil servants and public employees; to refuse to receive or take the initiative in proposing the appointing agencies to replace cadres, civil servants and public employees who violate working discipline or show an improper working attitude or style or act not in accordance with the regulations on public-office culture or lack professional qualifications to perform assigned tasks or commit other illegal acts.
4. To assign tasks to their deputies, cadres, civil servants, public employees and other employees which are suitable to their capability and professional qualifications and skills; to inspect and urge the performance of assigned tasks and implementation of the prescribed information and reporting regime.
5. To coordinate with agencies and units that have appointed cadres, civil servants, public employees in considering and handling violations of these cadres, civil servants, public employees and publicly notify handling results to organizations and individuals that have reported, complained or denounced such violations.
6. To take the initiative in requesting heads of competent agencies to increase or reduce the number of cadres, civil servants and public employees at their single-window sections corresponding to the increasing or decreasing number of organizations and individuals coming to implement administrative procedures or to substitute for those who are absent or on leave under regulations.
7. To publicize at their single-window sections’ offices and websites their or their deputies’ full names, positions and telephone numbers; full names, positions, working fields and telephone numbers of cadres, civil servants and public employees appointed to work at their single-window sections.
8. To promptly handle according to their competence or report to competent agencies for handling violations committed by organizations, individuals, cadres, civil servants and public employees at their single-window sections.
9. To organize protection, fire prevention and fighting, and ensure security and safety for cadres, civil servants, public employees, organizations and individuals that perform or implement administrative procedures at their single-window sections.
10. To manage and propose to competent authorities the procurement, rent, renovation, repair, maintenance, replacement, addition and liquidation of assets and physical and technical foundations at their single-window sections in accordance with law; to arrange in a scientific and rational manner areas for provision of information and performance of administrative procedures and equipment and devices to serve organizations and individuals coming to implement administrative procedures.
Article 10.Staff members of single-window sections
1. At the ministerial level
a/ A dossier receipt and result notification section at a ministry or ministerial-level agency shall be headed by a leader of the ministry’s or agency’s office; in case a dossier receipt and result notification section is established at a general department, directorate or the equivalent or a department, such section shall be headed by a leader of the office of the general department, directorate or the equivalent;
b/ Cadres, civil servants and public employees receiving and performing administrative procedures at a dossier receipt and result notification section shall be appointed by specialized agencies and units in charge of relevant administrative procedures;
c/ The offices of ministries, general departments or directorates that appoint cadres, civil servants and public employees shall manage and operate working offices, equipment, machinery and networks of dossier receipt and result notification sections.
2. At the provincial level
a/ In case a public administrative service center is established, leaders of such center include one director being a leader of the office of the provincial-level People’s Committee or the equivalent and no more than two deputy directors being two section-level leaders of the provincial-level People’s Committee and appointed by the provincial-level People’s Committee chairperson.
Provincial-level specialized agencies shall appoint their civil servants and public employees to work at public administrative service centers under this Decree.
The offices of provincial-level People’s Committees shall appoint their civil servants and public employees to manage and operate working offices, equipment, machinery and networks of public administrative service centers.
b/ In case a dossier receipt and result notification section is established at a specialized agency of a provincial-level People’s Committee, such section shall be headed by a leader of the office of such agency. Specialized sections shall appoint their civil servants to work at dossier receipt and result notification sections.
3. At the district level
a. A district-level dossier receipt and result notification section shall be headed by a leader of the office of the district-level People’s Council and People’s Committee;
b/ Specialized agencies of district-level People’s Committees shall appoint their civil servants to work at dossier receipt and result notification sections;
c/ The offices of district-level People’s Councils and People’s Committees shall appoint their civil servants and public employees to manage and operate working offices, equipment, machinery, software apps and networks of dossier receipt and result notification sections.
4. At the commune level
a/ Commune-level dossier receipt and result notification sections shall be directed and managed by commune-level People’s Committee chairpersons;
b/ Civil servants working at dossier receipt and result notification sections of commune-level People’s Committees are those holding commune-level civil servant titles as provided in the Law on Cadres and Civil Servants and appointed by commune-level People’s Committee chairpersons based on local practical conditions.
5. Hierarchically organized central agencies based in localities
a/ Dossier receipt and result notification sections of hierarchically organized central agencies based in localities shall be decided by heads of such agencies;
b/ Cadres, civil servants and public employees receiving dossiers and performing administrative procedures at dossier receipt and result notification sections of hierarchically organized central agencies based in localities at all levels shall be appointed by specialized units of such agencies under regulations.
Article 11.Criteria, responsibilities, rights and working term of civil servants and public employees working at single-window sections
1. Criteria
a/ Satisfying all common quality criteria set for civil servants, public employees and armed forces;
b/ Cadres, civil servants and public employees working at single-window sections of ministries (including general departments, directorates and the equivalent), provinces and districts must be of the expert rank or equivalent or higher rank; have worked for at least 3 years in their assigned sector or field and been assessed to have well accomplished their tasks;
c/ Having good ethical qualities and a good sense of responsibility in performing their assigned tasks;
d/ Having good social manners, being polite, friendly and amicable up to standards of the regulations on public-office culture.
2. Responsibilities
a/ To strictly and fully comply with the provisions of this Decree and other relevant regulations;
b/ To create favorable conditions for organizations and individuals to implement administrative procedures;
c/ To guide organizations and individuals how to implement administrative procedures in an adequate, clear and accurate manner; and when necessary to request dossier modification or supplementation, to request such only once;
d/ To receive and process or transfer dossiers, and monitor the performance of administrative procedures for organizations and individuals under regulations; to update received dossiers in the management software and issue administrative procedure dossier codes to organizations and individuals;
dd/ To take the initiative in giving advice and putting forward initiatives to improve the process of performing administrative procedures; to promptly detect and propose competent agencies and persons to revise, change, cancel or abolish unlawful, infeasible or impractical regulations on administrative procedures;
e/ To wear uniforms or office attire under regulations, civil servant or public employee cards while performing tasks;
g/ To attend professional discussions, Party and mass organization meetings, emulation, commendation and discipline review meetings at the agencies that have appointed them to work at single-window sections;
h/ To comply with relevant regulations.
3. Rights
a/ To be trained in professional knowledge and skills, information technology, cultural behavior and communication with organizations and individuals;
b/ To participate in political theory, state management, foreign language and information technology and other training courses at home and abroad in accordance with law;
c/ To take days off for overtime working hours or working time on public holidays and weekends;
d/ To receive salaries, allowances and other entitlements (if any) at agencies that have appointed them to work at single-window sections.
4. Working term of cadres, civil servants and public employees appointed to work at single-window sections
Ministers, heads of ministerial-level agencies, chairpersons of provincial-level People’s Committees shall decide on working periods of cadres, civil servants and public employees appointed to work at ministerial-, provincial- or district-level single-window sections which must range between 6 and 24 months, except the cases specified in Clause 8, Article 12 of this Decree.
Article 12.Responsibilities of competent agencies appointing cadres, civil servants and public employees
1. To appoint cadres, civil servants and public employees who satisfy the criteria specified in Clause 1, Article 11 of this Decree to work at single-window sections.
2. To guide, urge and examine cadres, civil servants and public employees in receiving, appraising or coordinating with one another in appraising relevant dossiers; to forward to competent agencies for performance inter-agency administrative procedures; to approve or submit to competent authorities for approval dossiers of administrative procedures and notify results of performance of administrative procedures for organizations and individuals at single-window sections.
3. To coordinate with single-window sections in developing a detailed and clear process of performing administrative procedures, set time limits for performance of administrative procedures and steps to be taken within such time limits to complete administrative procedures, then submit them to competent authorities for approval.
4. To assign tasks to cadres, civil servants and public employees to regularly examine and update the progress of processing dossiers on the management software for administrative procedure performance under regulations.
5. To send to single-window sections written notices of reasons for late processing of administrative procedure dossiers enclosed with their official apology to organizations and individuals and give another appointment for result notification.
6. To promptly announce and update changes in administrative procedures which are publicized in writing or electronically at single-window sections.
7. To provide sufficient information relevant to their working fields, and guarantee all rights of cadres, civil servants and public employees working at single-window sections.
8. To take the initiative in coordinating with single-window sections in managing cadres, civil servants and public employees appointed to work at these sections; to have a contingency plan to appoint at least one part-time cadre, civil servant or public employee to immediately substitute for cadres, civil servants and public employees working at single-window sections who take leave or days off for illness, personal reasons or study or working missions in order to ensure uninterrupted receipt and processing of dossiers for organizations and individuals; to promptly increase or reduce the number of civil servants at single-window sections corresponding to the number of organizations and individuals coming to implement administrative procedures (in case of temporarily withdrawing their civil servants, they shall exchange opinions with single-window sections on how to ensure uninterrupted receipt and processing of dossiers of organizations and individuals). In case a cadre, civil servant or public employee fails to accomplish his/her tasks or obtains a low level of satisfaction of organizations and individuals, to appoint another one to replace him/her.
9. On a quarterly basis, to finalize charges and fees (if any) for administrative procedure performance with single-window sections which are collected by the latter.
10. To coordinate with heads of single-window sections in evaluating and commenting on civil servants working at single-window sections under this Decree.
Article 13.Arrangement of working offices and equipment of single-window sections
1. Single-window sections shall be arranged at convenient and easy-to-find places and on appropriate areas to perform their tasks and have working offices appropriate to the daily number of administrative procedures they perform.
Ministers, heads of ministerial-level agencies and provincial- and district-level People’s Committee chairpersons shall base themselves on the actual number of administrative procedure dossiers received at their ministries, agencies and localities to arrange appropriate locations and areas for single-window sections, prioritize the upgrade and renovation of working offices or rent or convert existing works into working offices of single-window sections in order to avoid wastefulness. Building of new working offices will require consent of competent agencies and must comply with the regulations on investment and construction and relevant regulations.
2. Equipment
a/ Based on work characteristics and practical conditions of their agencies and units and criteria and norms of machinery and equipment for state agencies, ministers, heads of ministerial-level agencies and chairpersons of People’s Committees at all levels shall decide according to their respective competence on working equipment and facilities of single-window sections to satisfy the requirements of their work and the application of information technology in state agencies’ activities;
b/ At single-window sections: To arrange areas for provision of information and performance of administrative procedures; areas for receipt of dossiers and notification of results of performance of administrative procedures, which should be divided into counters for dealing with different fields; to furnish sufficient seats and desks for writing and Internet-connected computers for individuals coming to implement administrative procedures and provision of online public services; to install cameras to monitor all working areas of single-window sections which are connected with superior state agencies and other sections in the entire system; to arrange spaces for installation of equipment: queue number machines connected with the single-window e-information system and touch screens for search of information on and results of performance of administrative procedures; to arrange areas for provision of services specified at Point g, Clause 1, Article 8 of this Decree.
Chapter III
SCOPE OF RECEIPT OF DOSSIERS AND PROCESS OF PERFORMING ADMINISTRATIVE PROCEDURES
Article 14.Scope of receipt of administrative procedure dossiers at single-window sections
1. At the ministerial level
a/ Dossier receipt and result notification sections at ministries or ministerial-level agencies shall receive dossiers of administrative procedures falling under the competence of units attached to ministries or ministerial-level agencies for completion or inter-agency performance of administrative procedures;
b/ Dossier receipt and result notification sections at general departments, directorates and the equivalent or departments of ministries shall receive dossiers of administrative procedures falling under the competence of their agencies or units for completion or inter-agency performance of administrative procedures;
c/ Dossier receipt and result notification sections at hierarchically organized central units based in localities shall receive dossiers of administrative procedures falling under the competence of their agencies or units for completion or inter-agency performance of administrative procedures.
2. At the provincial level
a/ Public administrative service centers shall receive dossiers of administrative procedures falling under the competence of provincial-level People’s Committees and their specialized agencies for completion or inter-agency performance of administrative procedures, dossiers of administrative procedures falling under the competence of hierarchically organized agencies based in localities as directed by the Prime Minister for completion or inter-agency performance of administrative procedures, and dossiers of administrative procedures falling under the competence of ministries, sectors and district-level People’s Committees which these centers are assigned to receive;
b/ Dossier receipt and result notification sections of provincial-level specialized agencies shall receive dossiers of administrative procedures falling under the competence of their agencies for completion or inter-agency performance of administrative procedures, and dossiers of administrative procedures falling under the competence of ministries, sectors and district-level People’s Committees which these agencies are assigned to receive.
3. At the district level
District-level dossier receipt and result notification sections shall receive dossiers of all administrative procedures falling under the competence of district-level People’s Committees for completion or inter-agency performance of administrative procedures, and dossiers of some administrative procedures falling under the competence of hierarchically organized agencies based in localities as directed by the Prime Minister for completion or inter-agency performance of administrative procedures, and dossiers of administrative procedures falling under the competence of specialized agencies of provincial- or commune-level People’s Committees which district-level agencies are assigned to receive.
4. At the commune level
Commune-level dossier receipt and result notification sections shall receive dossiers of administrative procedures falling under the commune-level competence and dossiers of administrative procedures falling under the district-level competence which commune-level agencies are assigned to receive.
5. Based on special characteristics and management requirements of each field, ministers, heads of ministerial-level agencies and chairpersons of provincial-level People’s Committees may decide on administrative procedures of which dossiers shall not be received at single-window sections as prescribed in Clauses 1, 2, 3 and 4 of this Article, but they shall apply the process of monitoring the receipt and processing of dossiers and notification of results of performance of administrative procedures under this Decree. These administrative procedures include:
a/ Administrative procedures which are performed by mobile units in accordance with law;
b/ Administrative procedures which are subject to regulations permitting receipt of dossiers and notification of completion results right at the time and place of examination, consideration and rating outside working offices of single-window sections for examined, considered and rated subjects.
Article 15.Guidance on declaration and preparation of dossiers for implementation of administrative procedures
1. Cadres and civil servants at single-window sections shall provide guidance on:
a/ Dossiers and papers to be submitted for performance of administrative procedures;
b/ The process of and time limit for performing administrative procedures;
c/ Rates and methods of payment of taxes, charges, fees or other financial obligations (if any);
d/ Provision of information and documents relating to the implementation of administrative procedures at the request of organizations and individuals in accordance with law.
Provided guidance must be accurate, adequate and specific in conformity with effective legal documents and decisions on announcement of administrative procedures of competent agencies publicized on the national database on administrative procedures and at places where administrative procedures are performed.
2. Guidance may be provided in the following forms:
a/ Direct guidance at single-window sections;
b/ Guidance provided via the operator system or publicly announced hotline numbers;
c/ Online guidance on the national, ministerial and provincial public service portals or via social networks as permitted by competent authorities;
d/ Written guidance sent by post;
dd/ Guidance in fill-in file forms and video clips guiding set forms or other forms.
Guidance contents shall be kept at single-window sections.
3. In case the documents in an administrative procedure dossier remain insufficient compared to the list publicized under Clause 1 of this Article or such documents contain insufficient information according to the guidance of competent agencies, the recipient of the dossier shall guide the representative of the submitting organization or individual to supplement the dossier once in an adequate and accurate manner.
Article 16.Methods of submitting dossiers and receiving results of performance of administrative procedures
Organizations and individuals may submit their dossiers and receive results of performance of administrative procedures by the methods prescribed in legal documents on administrative procedures, including:
1. Direct submission at single-window sections;
2. Submission by public postal services as prescribed by the Prime Minister or services hired from enterprises or individuals or via authorization in accordance with law;
3. Online submission via ministerial or provincial public service portals.
Article 17.Receipt of administrative procedure dossiers
1. For dossiers submitted by the methods specified in Clauses 1 and 2, Article 16 of this Decree, cadres, civil servants and public employees at single-window sections shall examine the accuracy and completeness of such dossiers, scan and store electronic dossiers, and update them into the database of the single-window e-information systems of their ministries, sectors or localities.
a/ In case a dossier is incomplete and inaccurate according to regulations, the cadre, civil servant or public employee receiving it shall guide the representative of the submitting organization or individual to supplement it under Clause 3, Article 15 of this Article and clearly state the reason for that, using the set form of written request for dossier supplementation;
b/ In case of rejecting a dossier, a cadre, civil servant or public employee shall clearly state the reason, using the set form of notice of refusal to perform administrative procedures;
c/ In case a dossier is complete and accurate according to regulations, a cadre, civil servant or public employee shall receive and accept it, make a dossier receipt and give an appointment for result notification.
2. For dossiers submitted online via ministerial and provincial public service portals, cadres, civil servants and public employees at single-window sections shall examine their accuracy and completeness.
a/ In case a dossier is incomplete and inaccurate or falls beyond the prescribed competence for performance of administrative procedures, the receiving cadre, civil servant or public employee shall send a notice clearly stating contents to be supplemented and reason for supplementation and provide only once sufficient and specific guidance for the submitting organization or individual to adequately and accurately supplement the dossier or send it to the right competent agency.
Notices shall be sent via the email or message function of the ministerial or provincial public service portal;
b/ In case a dossier is complete and valid, a cadre, civil servant or public employee at the single-window section shall receive and forward it to the competent agency for processing according to the process prescribed in Article 18 of this Decree.
3. After being accepted, an administrative procedure dossier shall be granted a code stated in the dossier receipt and appointment for result notification. Dossier codes may be used to track the progress of performance of administrative procedures at national, ministerial and provincial public service portals.
4. For administrative procedures which require completion results to be notified immediately after a dossier is accepted, if such dossier is complete and accurate for being accepted, the receiving cadre, civil servant or public employee is not required to make a dossier receipt and give an appointment for result notification but shall update the progress and result of performance of administrative procedures to the single-window e-information system. In case the dossier submitter requests a dossier receipt, the dossier-receiving cadre, civil servant or public employee shall make such receipt.
5. In case cadres, civil servants or public employees at single-window sections are assigned or authorized by competent agencies to perform administrative procedures, they shall comply with Article 19 of this Decree and update the progress and results of performance of administrative procedures to the single-window e-information system.
Article 18.Transfer of dossiers to competent agencies for processing
Immediately after receiving an administrative procedure dossier under Article 17 of this Decree, a cadre, civil servant or public employee shall transfer it to an agency competent to process dossiers as follows:
1. To transfer the electronic data received online from the dossier submitter to the agency with processing competence via the connection between the public service portal and the ministerial- or provincial-level single-window e-information system.
2. To transfer the directly received dossier immediately on the working day; for dossiers received after 15:00 hours, to transfer them early on the next working day.
3. In case the received dossier falls under the processing competence of another competent agency, to transfer the paper dossier and electronic dossier to the single-window section of such agency on the working day or, for dossiers received after 15:00 hours, early on the next working day, for processing under regulations.
The transfer of dossiers mentioned in Clauses 2 and 3 of this Article shall be made by public postal service or other services to save costs and ensure safety of dossiers.
Article 19.Performance of administrative procedures
1. After receiving administrative procedure dossiers, heads of competent agencies shall assign cadres, civil servants and public employees to examine such dossiers and submit results of performance of administrative procedures to them for approval.
2. In case of administrative procedures not requiring dossier examination and verification and consultation with related agencies and organizations, cadres, civil servants and public employees assigned to process dossiers shall examine their dossiers and propose competent authorities to decide on performance of administrative procedures, update information to the single-window e-information system, and notify results of performance of administrative procedures.
3. In case of administrative procedures requiring dossier examination and verification
a/ Cadres, civil servants and public employees assigned to process dossiers shall examine and verify them and propose competent authorities to decide on performance of administrative procedures, update information to the single-window e-information system;
b/ The examination and verification of dossiers shall be recorded in writing and information thereon shall be stored in the database of the single-window e-information system and at the agency carrying out the examination and verification.
In case organizations and individuals are required to be present for the examination and verification of dossiers, information on verification time, place and contents and persons required to be present shall be updated to the database of the single-window e-information system or notified to the single-window section in case no single-window e-information system is available.
4. A dossier which, through examination and verification, is concluded to be invalid for processing shall be returned by the agency competent to complete administrative procedures together with a written notice clearly stating the reason for dossier supplementation and contents to be supplemented, made according to the set form of request for dossier supplementation, to the submitter via the single-window section. The time limit for notification of dossier return is 3 working days from the date of dossier receipt, unless a specialized law sets another time limit. The time limit for dossier processing shall be re-counted from the date a complete dossier is received.
5. In case of a dossier requiring consultation with related agencies and units
a/ The agency or unit assuming the prime responsibility for processing the dossier or single-window section assigned or authorized to process the dossier shall send an electronic notice or a written notice for coordination in the dossier processing to related units, clearly stating contents on which opinions are sought and time limit for reply.
Opinions of consulted agencies and units shall be regularly and fully updated in terms of contents, reply deadline and consulting agency on the single-window e-information system;
b/ Consulted agencies and units shall give their opinions on consulted contents within the set time limit and update their opinions to the single-window e-information system or dossier processing control slips. Past the time limit for consultation, if consulted agencies and units fail to give their opinions in written or electronic form, the consulting agency or unit shall notify such to the head of the single-window section that has transferred the dossier for response to the late giving of opinions.
6. In case a dossier is subject to inter-agency processing by competent agencies at the same level
a/ In case the dossier is submitted in written form, the single-window section shall determine the list of agencies competent to process dossiers and the order of processing before transferring the dossier to the competent agency assuming the prime responsibility for processing the dossier. Such agency shall process and transfer the dossier and result of performance of administrative procedures under its competence (if any) to the subsequent processing agency, clearly stating in the dossier transfer note the processing contents to be processed and time limit for processing by each agency, and update information about the processing and information on contents transferred for processing to the single-window e-information system.
Competent agencies shall process the dossier, then transfer processing results and the dossier to subsequent agencies listed in the order determined by the single-window section. After completely processing the dossier, the final competent agency shall transfer the results and the dossier to the agency assuming the prime responsibility for transferring the results of performance of administrative procedures to the single-window section for notification to the dossier submitter, and update the progress and results of inter-agency processing of the dossier to the single-window e-information system;
b/ In case the dossier is submitted in electronic form, the single-window section shall transmit it to all agencies participating in the processing thereof, clearly stating the agency assuming the prime responsibility, responsibilities, specific jobs and time limit for notification of results by each agency. Agencies participating in the inter-agency processing of the dossier shall process the dossier according to their respective competence and notify processing results to agencies that need such results for subsequent processing steps and to the single-window section for notification to the dossier submitter; and update the progress and results of inter-agency processing of the dossier to the single-window e-information system.
7. In case the dossier is subject to inter-agency processing by competent agencies not at the same administrative level
a/ The single-window section shall transfer the dossier in written form to the superior competent agency; transmit information on the administrative procedure dossier on the single-window e-information system to the single-window section of the superior competent agency for supervision and transfer of the e-dossier data to the competent agency for processing under regulations;
b/ The superior competent agency shall process the dossier under Clauses 1, 2, 3, 4 and 5 of this Article; and transfer processing results to the single-window section that has received the dossier for notification of results according to the dossier receipt and appointment for result notification.
8. A dossier mentioned in Clause 1 or 2 of this Article which, through examination and verification, is concluded to be invalid for processing shall be returned by the agency competent to perform administrative procedures together with a written notice clearly stating the reason for refusal to process the dossier, made according to the set form of dossier processing refusal slip, to be sent to the dossier submitter via the single-window section. Such a notice shall be posted in the section of result notification of the single-window e-information system. The time limit for sending such a notice is the dossier processing time limit.
9. For a dossier for which the processing time limit has expired, at least 1 day before the expiration of the processing time limit, the unit competent to process it shall notify such in writing to the single-window section and send a written apology to the dossier submitter, clearly stating the reason for the late processing and the expected time of result notification, made according to the set form of written request for processing time limit extension. The re-appointment for result notification shall be made only once.
Based on the written request for processing time limit extension, the single-window section shall adjust the time limit for notification of processing results on the single-window e-information system and at the same time send a notice to the dossier submitter via email, text message, telephone or social network (if any) as permitted by a competent authority.
Article 20.Return of dossiers and notification of results of performance of administrative procedures
1. Results of performance of administrative procedures to be notified to organizations and individuals must be adequate under regulations which require competent agencies to notify the performance of administrative procedures to organizations and individuals.
2. For the originals of documents which have been received for copying, comparison or certification, competent agencies shall return such originals to organizations and individuals. The time of return of originals must comply with relevant specialized laws.
3. Results of performance of administrative procedures shall be notified at the time and place stated in the dossier receipt and appointment for result notification. In case online result notification is registered, results shall be notified via ministerial or provincial-level public service portals.
4. The notification of results of performance of administrative procedures before the set deadline is encouraged. The notification of results of performance of administrative procedures before the set deadline shall be effected by single-window sections via text message, email, telephone or social network (if any) as permitted by a competent authority.
5. Results of performance of administrative procedures shall be stored in the single-window e-information systems of competent agencies for future reference in accordance with law.
Article 21.Responsibilities of dossier-processing agencies, organizations and individuals for incorrect processing results, dossier loss, missing or damage, and late notification of results
1. In case there is an error in results of performance of administrative procedures caused by a cadre, civil servant, public employee or competent agency, such cadre, civil servant, public employee or competent agency shall modify, supplement, cancel or replace such results or correct such error and bear all expenses therefor.
2. In case a dossier is lost, missing or damaged in the course of performing administrative procedures, related agencies, organizations and individuals shall coordinate with the organization or individual having such dossier and competent agency or organization in remedying consequences; identify the agency, organization or individual at fault and hold it/him/her responsible for paying all expenses for requesting re-grant of documents in the dossier and bearing other related liabilities and making an apology to the organization or individual for the incident. In case the loss, missing or damage of a dossier involves an illegal act, the violating organization or individual shall, depending on nature and seriousness of its/his/her violation, be handled in accordance with law.
3. The lost, missing or damaged dossiers of results of performance of administrative procedures sent via public postal services shall be processed under the Prime Minister’s regulations and relevant regulations.
Article 22.Methods of charge and fee payment
1. Organizations and individuals shall pay prescribed charges and fees (if any) for performance of administrative procedures by the following methods:
a/ Direct payment or transfer into the charge and fee accounts of competent agencies;
b/ Direct payment or transfer into the accounts of public postal service providers for transfer to competent agencies in case administrative procedures are performed via public postal services or administrative procedure dossiers are submitted online;
c/ Online payment via the charge and fee payment function of single-window e-information systems of ministries, sectors and localities.
2. Organizations and individuals may choose to pay charges and fees for performance of administrative procedures by other lawful methods if permitted by competent authorities.
3. In case of indirect payment of charges and fees for performance of administrative procedures, 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 perform administrative procedures.
Chapter IV
APPLICATION OF INFORMATION TECHNOLOGY IN THE PERFORMANCE OF ADMINISTRATIVE PROCEDURES
Article 23.Principles of application of information technology in the performance of administrative procedures
1. Ensuring uniformity, efficiency and synchronism, and avoiding overlapping and waste in the building of information technology infrastructure from the central to grassroots level.
2. Ensuring conformity with the architectural framework of the Vietnamese e-government; the national technical regulations on the structure of codenames and data formats of information packages to serve the connection of document management systems and on the structure of data messages exchanged between citizens and the national database on population.
3. Ensuring connectivity and sharing of information between information systems of state agencies; capacity to receive, connect and share information between agencies competent to perform administrative procedures and organizations and individuals that need to implement administrative procedures via electronic and communication media and social networks as permitted by competent authorities.
4. Complying with the laws on investment, construction, information technology, records and archives, and information security and safety, and other relevant regulations.
Article 24.Building of the national public service portal
1. The national public service portal shall be built and uniformly managed by the Government Office on the basis of integration and exchange of data on administrative procedures and dossiers for performance of administrative procedures with the national database on administrative procedures, other national databases and specialized databases and integration of online public services with ministerial- and provincial-level single-window e-information systems.
2. Requirements on building of the national public service portal
a/ Serving as a focal point to provide information and support for organizations and individuals in implementing administrative procedures, and online public services; assist the search for information, supervise the progress of performance of administrative procedures and search for results of performance of administrative procedures and results of the rating of performance of administrative procedures; and publicize results of performance of administrative procedures and provision of online public services;
b/ Serving as a solution for customized application or use by ministries, sectors and localities as a foundation for building ministerial- and provincial-level public service portals;
c/ Enabling organizations and individuals to register their access accounts; providing the single-sign-on function and user authentication mechanisms for implementing administrative procedures at ministerial- and provincial-level public service portals;
d/ Being integrated with the national database on administrative procedures for retrieval of data on administrative procedures and dossiers for performance of administrative procedures in a uniform and synchronous manner;
dd/ Summing up and making statistics on receipt of dossiers and progress of performance of administrative procedures at the request of competent agencies;
e/ Other requirements as decided by the Prime Minister.
3. The Minister of Information and Communications shall promulgate national technical regulations on the structure and data format of information packages to serve the connection of single-window e-information systems, the national public service portal and relevant specialized databases during the performance of administrative procedures by ministries, sectors and localities.
Article 25.Building of ministerial- and provincial-level public service portals and single-window e-information systems
1. Ministerial- and provincial-level public service portals and single-window e-information systems shall be built in a centralized and uniform manner to receive administrative procedure dossiers, perform administrative procedures and provide online public services under the competence of ministries, ministerial-level agencies and People’s Committees at all levels.
2. Requirements on ministerial- and provincial-level public service portals and single-window e-information systems
a/ Ensuring uniformity in the course of investment and building, adhering to the principle that each ministry, sector or locality has only one public service portal and one single-window e-information system to receive administrative procedure dossiers, perform administrative procedures and provide online public services under the competence of each ministry, ministerial-level agency or People’s Committee;
b/ Ensuring the integratability with the national database on administrative procedures, other national databases and specialized databases for retrieval of data on administrative procedures of ministries, ministerial-level agencies and provincial-level People’s Committees;
c/ Aiding and guiding organizations and individuals in registering for online implementation of administrative procedures; receiving and entering e-information of administrative procedure dossiers registered by organizations and individuals for implementation by all of the methods specified in Article 16 of this Decree;
d/ Aiding the authentication of information on citizens and businesses through the connection with the national database on population, national database on enterprise registration and other related databases; supporting the online payment of taxes, charges and fees through the connection with the national payment portal or other lawful online payment systems;
dd/ Providing information on the progress and results of performance of administrative procedures at the focal points for performance of administrative procedures at all levels;
e/ Enabling organizations and individuals to rate the progress and quality of receipt of administrative procedure dossiers and performance of administrative procedures;
g/ Sharing digitized information on the progress of performance of administrative procedures, authenticated documents included in dossiers, results of performance of administrative procedures with the database of the national public service portal;
h/ Other requirements as prescribed by law.
3. Ministries, sectors and localities shall organize the conversion of dossiers and documents in written form for performance of administrative procedures into electronic files and build a process of computerizing the performance of administrative procedures on their single-window e-information systems.
4. Ministries, sectors and localities shall manage accounts of organizations and individuals for use of online public services; keep confidential and archive information of organizations and individuals, unless they are required to provide such information to competent agencies in accordance with law.
5. Ministries, sectors and localities having no conditions for building public service portals on their own may build such portals on the basis of infrastructure and software of the national public service portal.
6. The State Bank of Vietnam shall build and put into operation the national payment portal, ensuring its connection with the national public service portal and ministerial- and provincial-level single-window e-information systems, so that organizations and individuals can pay charges and fees online.
7. The Ministry of Public Security shall operate and connect the national database on population with the national public service portal and ministerial- and provincial-level single-window e-information systems in order to help authenticate citizen information.
8. The Ministry of Planning and Investment shall operate and connect the national database on enterprise registration with the national public service portal and ministerial- and provincial-level single-window e-information systems in order to help authenticate enterprise information.
Article 26.Codes of administrative procedure dossiers
1. Codes of administrative procedure dossiers shall be automatically issued by single-window e-information systems and uniformly used in transactions between agencies and units and organizations and individuals, and among agencies and units.
2. An administrative procedure dossier code consists of:
a/ Codename of the competent agency receiving the administrative procedure dossier.
The structure of codenames must comply with “the national technical regulation on structure of codenames and data formats of information packages to serve the connection of document management and operation systems”;
b/ A numerical sequence denoting the date of dossier receipt and ordinal number of the dossier received on the day.
Chapter V
RATING OF PERFORMANCE OF ADMINISTRATIVE PROCEDURES
Article 27.Rating principles
1. Ensuring objectivity, honesty, accuracy, scientificity, transparency, publicity, fairness, equality and lawfulness of the rating and announcement of rating results.
2. Taking the level of satisfaction of organizations and individuals with the quality and progress of performance of administrative procedures as a measure for rating.
3. Keeping confidential information about information providers and cooperate with competent agencies in making ratings.
Article 28.Rating competence
1. Superior competent agencies may rate the quality of performance of administrative procedures falling under the competence of their attached agencies and units.
2. Organizations and individuals may rate the quality and progress of performance of administrative procedures for them.
3. Agencies and persons competent to perform administrative procedures may self-rate their performance.
4. The Government Office may rate the performance of administrative procedures by ministries, ministerial-level agencies and provincial-level People’s Committees.
5. Socio-political organizations, socio-professional organizations and other organizations may rate the performance of administrative procedures by conducting sociological surveys with contents according to their programs and plans.
Article 29.Methods of gathering information for rating
1. Information to serve the rating of the performance of administrative procedures may be gathered by the following methods:
a/ Regular and periodical rating reports;
b/ Electronic rating devices at single-window sections;
c/ The online rating function of ministerial- and provincial-level single-window e-information systems;
d/ Surveillance cameras;
dd/ Feedback of organizations and individuals sent to feedback boxes, presented in written and electronic forms;
e/ Independent, regular or periodical sociological surveys;
g/ Other lawful forms.
2. Information to serve the rating specified in Clause 1 of this Article shall be connected to the single-window e-information systems and publicized on the national public service portal. Offices of ministries, sectors and provincial-level People’s Committees (focal points for control of administrative procedures) shall synthesize data and make assessments according to the criteria prescribed in Articles 30 and 31 of this Decree and publicize them on ministerial- and provincial-level public service portals.
3. Information to serve the rating from independent sociological surveys specified at Point e, Clause 1 of this Article may be regularly obtained through survey questions asked via telephone, online or by means of software apps on cell phones, tablets or social networks as permitted by competent authorities or in combination with other independent sociological surveys with similar survey contents;
The offices of ministries, sectors and provincial-level People’s Committees shall sum up and rate results of sociological surveys and publicize them on their public service portals.
4. Units, agencies and organizations assigned to gather information to serve the rating shall encourage, guide and help disadvantaged people such as women, the poor, ethnic minority people and people with disabilities to send their rating opinions and participate in sociological surveys.
Article 30.Internal rating of performance of administrative procedures
1. The internal rating of the performance of administrative procedures shall be carried out on software installed at single-window sections in order to assess the lawfulness of the performed process.
2. Criteria for internal rating include:
a/ The process of dossier circulation under regulations;
b/ The quality of dossier processing by each section according to the contents specified at Points a, d, e, g, h and i, Clause 1, Article 31 of this Decree;
c/ Proportion of dossiers for which administrative procedures are performed on schedule to the total number of dossiers received.
3. The offices of ministries, sectors and provincial-level People’s Committees shall sum up rating results obtained from the software to make and send annual reports to the Government Office and publicize internal rating results on their websites.
Article 31.Rating by organizations and individuals of performance of administrative procedures
1. The performance of administrative procedures at competent agencies shall be rated based on comments of organizations and individuals on:
a/ Time of notification of processing results of administrative procedure dossiers compared to the prescribed time limit or requirements of agencies and units assuming the prime responsibility;
b/ Number of agencies, units and organizations they have to contact to complete their administrative procedure dossiers;
c/ Number of times they have to contact dossier-receiving agencies to complete their administrative procedure dossiers;
d/ Accuracy, completeness and timeliness of publicized information on administrative procedures compared to regulations;
dd/ Manners of cadres, civil servants and public employees guiding and receiving dossiers and performing administrative procedures;
e/ Lawfulness of results of performance of administrative procedures and expenses for implementation of administrative procedures; and of expenses other than those prescribed by law arising in the course of implementation of administrative procedures;
g/ Time of giving and quality of explanatory opinions of competent agencies, cadres, civil servants and public employees regarding organizations’ and individuals’ feedback, recommendations, complaints and denunciations;
h/ Progress and quality of online public services provided by competent agencies;
i/ Other contents subject to rating by organizations and individuals.
2. Results of rating by organizations and individuals shall be publicized under Clause 2, Article 29 of this Decree.
Article 32.Processing of rating results
1. Results of the rating of the level of satisfaction of organizations and individuals with the performance of administrative procedures by competent agencies shall be publicized at such agencies and on their websites.
2. Rating results constitute a criterion for evaluating the performance of agencies and units receiving administrative procedure dossiers and performing administrative procedures; determining the responsibility of individuals and heads of agencies and units receiving administrative procedure dossiers and performing administrative procedures; and for considering promotion, appointment, planning, training, retraining, commendation and disciplining of cadres, civil servants, public employees and workers.
Chapter VI
TASKS OF THE PRIME MINISTER, MINISTRIES, SECTORS AND LOCALITIES
Article 33.Tasks of the Prime Minister
1. To lead and direct ministries, sectors and localities in, issue plans on, and urge and inspect, the implementation of this Decree; to promptly help overcome difficulties and solve problems in the implementation of this Decree.
2. To promulgate the Regulation on management and operation of the national public service portal.
3. To decide on the inter-agency performance of interrelated administrative procedures and administrative procedures of hierarchically organized agencies based in localities received at provincial-level public administrative service centers and district-level dossier receipt and result notification sections.
4. Other tasks prescribed by law.
Article 34.Tasks of ministries and ministerial-level agencies
1. The Government Office
a/ To assist the Prime Minister in urging and inspecting the implementation of this Decree in ministries, sectors and localities;
b/ To assume the prime responsibility for, and coordinate with the Ministries of Home Affairs, Information and Communications, Finance, and Planning and Investment, and other ministries and localities in, making and submitting to the Prime Minister for issuance a plan on implementation of this Decree; to guide, inspect and urge the establishment and operation of single-window sections at ministries, ministerial-level agencies and People’s Committees at all levels;
c/ To create and issue forms for implementation of the single-window and inter-agency single-window in the performance of administrative procedures, tools for gathering rating information, tools for scoring, sociological surveys and other methods for rating the performance of administrative procedures by state agencies at all levels;
d/ To build, manage and operate the national public service portal; to coordinate with the Ministry of Information and Communications and related agencies in ensuring information security; to propose to the Prime Minister for promulgation the Regulation on management and operation of the national public service portal;
dd/ To coordinate with ministries, sectors and localities in organizing professional refresher courses on implementation of the single-window and inter-agency single-window mechanism for cadres, civil servants and public employees;
e/ To propose the Prime Minister to assign ministries and ministerial-level agencies to assume the prime responsibility for elaborating and submitting to competent authorities for promulgation regulations on inter-agency performance of interrelated administrative procedures;
g/ To coordinate with ministries having hierarchically organized agencies based in localities in selecting administrative procedures to be received at provincial-level public administrative service centers and district-level dossier receipt and result notification sections for submission to the Prime Minister for decision;
h/ To review and rate on an annual basis the performance of administrative procedures by ministries, ministerial-level agencies and provincial-level People’s Committees and report it to the Government and Prime Minister;
i/ To assume the prime responsibility for, and coordinate with the Ministry of Information and Communications and related ministries, sectors and agencies in, elaborating 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.
2. The Ministry of Home Affairs
a/ To assume the prime responsibility for, and coordinate with the Ministry of Finance in, guiding entitlements and policies for cadres, civil servants and public employees working at single-window sections;
b/ To assume the prime responsibility for, and coordinate with the Government Office, Ministry of Information and Communications and related ministries and agencies in, guiding the archive of electronic dossiers and data.
3. The Ministry of Information and Communications
In addition to the tasks assigned in Clause 3, Article 24 of this Decree, the Ministry of Information and Communications has the following tasks:
a/ To uniformly guide the connection and provision of information by single-window e-information systems nationwide;
b/ To promulgate uniform criteria and regulations for building public service portals and ministerial- and provincial-level single-window e-information systems;
c/ To assume the prime responsibility for, and coordinate with the Government Office and Ministry of Public Security in, taking measures to supervise and ensure information security for the national public service portal; to guide ministries, sectors and localities in ensuring information security for ministerial- and provincial-level public service portals and single-window e-information systems.
4. The Ministry of Finance
To promulgate regulations on expenses for activities implementing the single-window and inter-agency single-window mechanism in the performance of administrative procedures.
5. Ministries and ministerial-level agencies shall organize the implementation of the single-window and inter-agency single-window mechanism under regulations.
Article 35.Tasks of ministers and heads of ministerial-level agencies
1. To direct the implementation of the single-window and inter-agency single-window mechanism under this Decree; to build and manage public service portals and single-window e-information systems of their ministries and sectors.
2. To announce lists of administrative procedures which dossier receipt and result notification sections receive or refuse to receive and fall under the competence of their ministries and sectors; lists of administrative procedures which can be received online on public service portals of their ministries and sectors; lists of administrative procedures falling under the receiving competence of their ministries and sectors but are authorized to provincial-level People’s Committee to receive.
3. To promulgate regulations on organization and operation of dossier receipt and result notification sections, and regulations on operation of public service portals and single-window e-information systems under this Decree.
4. To provide guidance for localities to perform administrative procedures under the inter-agency mechanism in the fields managed by their ministries and sectors for uniform application nationwide.
5. To direct the elaboration and promulgation of internal protocols and electronic protocols for performing each administrative procedure falling under the competence of their ministries and sectors.
6. To direct hierarchically organized agencies based in localities in receiving and performing administrative procedures and notifying performance results at provincial- and district-level single-window sections, and coordinating with local state agencies in performing administrative procedures.
7. To propose on an annual basis administrative procedures to be performed under the inter-agency mechanism, and develop and submit to the Government or Prime Minister for promulgation the process of inter-agency performance of administrative procedures. Ministries and specialized management agencies assigned to receive and notify results of performance of inter-agency administrative procedures shall announce such administrative procedures after they are promulgated by competent authorities.
8. To direct, promptly rectify and strictly handle heads of attached agencies and units, cadres, civil servants and public employees who fail to strictly comply with this Decree, letting violations occur in the provision of guidance, receipt, completion and notification of results of performance of administrative procedures, and rating the performance of administrative procedures.
9. To promptly take personnel-related measures to encourage and commend cadres, civil servants and public employees working at single-window sections based on results of rating the level of satisfaction of organizations and individuals.
Article 36.Tasks of People’s Committees at all levels
1. To organize the implementation of the single-window and inter-agency single-window mechanism under this Decree; to take responsibility before same-level People’s Councils and superior state administrations for implementation of the regulations on performance of administrative procedures under the single-window and inter-agency single-window mechanism at local state agencies.
2. To promulgate regulations on organization and operation of single-window sections under this Decree.
3. Provincial-level People’s Committees shall promulgate regulations on operation of provincial-level public service portals and single-window e-information systems.
4. Provincial-level People’s Committees shall direct the elaboration and promulgation of internal protocols and electronic protocols for performance of each administrative procedure at provincial, district or commune level for uniform implementation in their localities.
Article 37.Tasks of chairpersons of People’s Committees at all levels
1. Chairpersons of provincial-level People’s Committees
a/ To directly lead, direct, examine and urge the implementation of the single-window and inter-agency single-window mechanism in their localities under this Decree and regulations on organization and operation of single-window sections promulgated by provincial-level People’s Committees;
b/ To take responsibility before same-level People’s Councils and superior state administrations for results and progress of performance of administrative procedures under the single-window and inter-agency single-window mechanism falling under local competence;
c/ To announce lists of administrative procedures for which dossiers can be received at single-window sections of same-level competent agencies and falling under the competence of such agencies but may be received by other agencies as assigned by the former; and lists of administrative procedures for which dossiers can be received online via provincial-level public service portals;
d/ To direct the building and uniform management of provincial-level single-window e-information systems; to implement measures to ensure information security under the guidance of the Ministry of Information and Communications;
dd/ To direct, promptly rectify and strictly handle heads of provincial-level specialized agencies, chairpersons of district- or commune-level People’s Committees, cadres, civil servants, public employees and workers that fail to comply with this Decree and let violations occur in the guidance and receipt of dossiers, completion, notification of results and rating of performance of administrative procedures;
e/ To promptly take measures to encourage cadres, civil servants and public employees working at single-window sections of local administrations at all levels based on results of rating of the level of satisfaction of organizations and individuals.
2. Chairpersons of district- or commune-level People’s Committees
a/ To personally direct the implementation of the single-window and inter-agency single-window mechanism in their localities under this Decree and regulations on organization and operation of single-window section promulgated by district- or commune-level People’s Committees;
b/ To take responsibility before same-level People’s Councils and superior state administrations for results and progress of performance of administrative procedures under the single-window and inter-agency single-window mechanism falling under local competence;
c/ To promptly rectify and strictly handle cadres, civil servants, public employees and workers who violate this Decree;
d/ To make apologies to individuals and organizations when their cadres, civil servants and public employees commit prohibited acts in the performance of administrative procedures prescribed in this Decree.
Chapter VII
IMPLEMENTATION FUNDS AND RESPONSIBILITY
Article 38.Implementation funds
1. Funds for the implementation of the single-window and inter-agency single-window mechanism of ministries, ministerial-level agencies and localities shall be included in annual regular expenditure estimates for state management activities of such ministries, ministerial-level agencies and localities in accordance with the law on the state budget.
2. Funds for the building, renovation, repair, maintenance or rent of working offices for single-window sections and information technology infrastructure facilities shall be allocated in accordance with the law on public investment and used in accordance with the laws on bidding, construction, and information technology, and other relevant laws.
3. In addition to the funds allocated by the state budget, ministries, ministerial-level agencies and provincial-level People’s Committees may use funds of other lawful sources to implement the single-window and inter-agency single-window mechanism under their management.
4. Funds for the implementation of the single-window and inter-agency single-window mechanism at public non-business units, state enterprises and other agencies and organizations shall be allocated by such agencies and organizations.
Article 39.Transitional provisions
1. During the process of receiving, transferring or performing administrative procedures specified in Articles 17, 18, 19 and 20 of this Decree, cadres, civil servants and public employees receiving dossiers at places where single-window e-information systems have not yet been completely built shall record information in dossier-monitoring books, grant dossier codes to organizations and individuals according to the structure prescribed in Article 26 of this Decree, establish and monitor the process of processing dossiers through dossier processing control slips; dossier-processing cadres, civil servants and public employees shall update the transfer of dossiers to other agencies for processing and performance of administrative procedures in dossier processing control slips.
2. The provinces permitted by the Prime Minister to establish on a pilot basis public administrative centers may continue implementing the single-window and inter-agency single-window mechanism until the expiration of the pilot period, then switch to comply with this Decree.
Article 40.Effect
1. This Decree takes effect on June 21, 2018.
2. The Prime Minister’s Decision No. 09/2015/QD-TTg of March 25, 2015, promulgating the Regulation on implementation of the single-window and inter-agency single-window mechanism in the performance of administrative procedures at local state administrations, ceases to be effective from the effective date of this Decree.
3. The receipt of dossiers and papers related to the performance of administrative procedures under the single-window and inter-agency single-window mechanism for organizations and individuals must comply with this Decree but not the provisions on receipt of incoming documents of Articles 13, 14 and 15 of the Government’s Decree No. 110/2004/ND-CP of April 8, 2004, on archives.
Article 41.Implementation responsibility
1. The Government Office shall guide, monitor, urge and examine the implementation of this Decree, and report it on an annual or irregular basis to the Government and Prime Minister.
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
Vietnamese
Decree 61/2018/NĐ-CP DOC (Word)
Decree 61/2018/NĐ-CP PDF (Original)
