Decree No. 63/2010/ND-CP dated June 8, 2010 of the Government on controlling administrative procedures

THE GOVERNMENT

Decree No. 63/2010/ND-CP of June 8, 2010, on controlling administrative procedures

THE GOVERNMENT

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

Pursuant to the June 3, 2008 Law on Promulgation of Legal Documents;

Pursuant to the December 3, 2004 Law on Promulgation of Legal Documents by People’s Councils and People’s Committees;

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

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree provides the control of the establishment, implementation, review and assessment of administrative procedures and the management of the National Database of Administrative Procedures.

2. This Decree does not regulate:

a/ Administrative procedures applicable within each state administrative agency and between state administrative agencies and not related to the settlement of administrative procedures for individuals and organizations;

b/ Procedures for handling administrative violations; inspection procedures and administrative procedures containing state secrets.

Article 2. Subjects of application

This Decree applies to state administrative agencies, competent persons, organizations and individuals in controlling administrative procedures.

Article 3. Interpretation of terms

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

1. Administrative procedure means steps and mode of implementation, dossiers, requirements and conditions stipulated by state agencies or competent persons to deal with a specific matter related to individuals or organizations.

2. Steps of implementation means the sequence of steps of implementation to be followed by administrative procedure-complying subjects and administrative procedure-implementing agencies in dealing with a specific matter for individuals or organizations.

3. Dossier means papers which administrative procedure-complying subjects are required to submit or produce to agencies or organizations competent to handle administrative procedures before administrative procedure-implementing agencies deal with a specific matter for individuals or organizations.

4. Requirements, conditions are requirements which administrative procedure-complying subjects must satisfy or must fulfill when they implement a particular administrative procedure.

5. Control of administrative procedures means review, evaluation and monitoring conducted to ensure the feasibility of a regulation on administration procedures, and satisfy the requirement of publicity and transparency in the process of implementing administrative procedures.

6. National Database of Administrative Procedures is the collection of information on administrative procedures and legal documents containing regulations on administrative procedures which is developed, updated and maintained on the Government’s administrative procedure website to address the requirement of publicity and transparency in state administrative management, facilitating individuals and organizations in accessing and  using official information on administrative procedures.

Article 4. Principles of controlling administrative procedures

1.  Control of administrative procedures must ensure effective implementation of administrative procedure reform objectives; ensure coordination and active and extensive engagement of all agencies, organizations and individuals in the process of controlling administrative procedures.

2. To detect inappropriate, complex and cumbersome administrative procedures for abolition or revision in a timely manner; to add necessary administrative procedures in response to actual requirements; to ensure simple, easy-to-understand, easy-to-implement administrative procedure regulations which save time, costs and efforts for administrative procedure-complying subjects and -implementing agencies.

3. Control of administrative procedure shall be conducted immediately during the process of drafting administrative procedures and on a regular and continuous basis in the course of implementing administrative procedures.

Article 5. Agencies and units controlling administrative procedures

1. The Administrative Procedures Control Agency attached to the Government Office shall organize control of administrative procedures and manage the National Database of Administrative Procedures nationwide under this Decree.

The head of the Administrative Procedures Control Agency shall be appointed or dismissed by the Minister-Director of the Government Office.

2. Offices of ministries or ministerial-level agencies shall organize control of administrative procedures under falling within the scope of state management functions of their respective ministries or ministerial-level agencies under this Decree.

3. Offices of People’s Committees of provinces and centrally run cities shall organize control of administrative procedures applicable within their respective provinces and centrally run cities under this Decree.

4. The specific functions, duties, powers and organizational structure of the Administrative Procedure Control Agency shall be stipulated by the Prime Minister.

5. The Minister-Director of the Government Office shall assume the prime responsibility for, and coordinate with the Minister of Home Affairs in, providing guidance on functions, duties, powers, organizational structure and staffing of administrative procedure control divisions within offices of ministries, ministerial-level agencies and offices of People’s Committees of provinces and centrally run cities.

Article 6. Prohibited acts

1. Cadres and civil servants assigned to implement administrative procedures are prohibited from committing the following acts:

a/ Disclosing information on documentation and information relating to business know-how and personal secrets of administrative procedure-complying subjects that are known during the implementation of administrative procedures, unless such disclosure is consented by such subjects in writing or otherwise prescribed by law; using such information to infringe upon others’ legitimate rights and interests;

b/ Refusing to implement, prolonging the time of implementation or requiring other additional dossiers and papers than those prescribed at their own discretion without giving any reasons in writing;

c/ Acting in an authoritative, extortive and troubling manner towards administrative procedure-complying subjects; taking advantage of regulations and constraints related to administrative procedures for self-seeking purposes;

d/ Accepting money or gifts in any forms from administrative procedure-complying subjects upon receipt and handling of administrative procedures other  than charges or fees for implementing administrative procedures which have been prescribed and made public;

e/ Shifting responsibility, showing lack of coordination, causing delays and obstacles in performing assigned tasks.

2. Administrative procedure-complying subjects are prohibited from obstructing activities of state agencies and competent persons; from giving bribes or using other expedients to deceive state agencies or competent persons in implementing administrative procedures.

3. Agencies, organizations and individuals are prohibited from committing acts that obstruct the control of administrative procedures.

Chapter II

ESTABLISHMENT OF ADMINISTRATIVE PROCEDURES

Article 7. Principles of establishing administrative procedures

Administrative procedures shall be established on the following principles:

1. Being simple, easy to understand and easy to implement.

2. Being in line with state administration management objectives.

3. Ensuring equality of administrative procedure-complying subjects.

4. Time and cost saving for individuals, organizations and state administrative agencies.

5. Ensuring constitutionality, legality, consistency, uniformity and efficiency of regulations on administrative procedures; administrative procedures must be established by competent state agencies on the basis of ensuring the inter-connection between related administrative procedures, clear, transparent and reasonable assignment and decentralization; draft legal documents containing regulations on administrative procedures must be completed and finalized by relevant competent agencies.

Article 8. Requirements on the establishment of administrative procedures

1. Administrative procedures under this Decree must be provided in legal documents issued by the Government or submitted to the National Assembly, the Standing Committee of the National Assembly for promulgation; by the Prime Minister, ministers, heads of ministerial-level agencies, and by People’s Committees of provinces or centrally run cities.

2. The establishment of a specific administrative procedure is complete only when it fully comprises the following elements:

a/ Name of the administrative procedure;

b/ Steps of implementation;

c/ Mode of implementation;

d/ Dossiers;

e/ Deadline for settlement;

f/ Administrative procedure-complying subject;

g/ Administrative procedure-implementing agency;

h/ Administrative procedure implementation result;

i/ In case an administrative procedure requires application forms, administrative declaration forms, administrative procedure implementation result form, requirements, conditions, charges and fees; these will be the elements of that administrative procedure.

3. A specific administrative procedure stipulated in a legal document under the promulgating competence of the Government or the Prime Minister must consist of all the elements specified at Points a, b, d, e, f, g and h, Clause 2 of this Article.

In case an administrative procedure has requirements and conditions as set forth at Point i, Clause 2 of this Article, such requirements, conditions must be prescribed in a legal document within the promulgating competence of the Government or the Prime Minister. Requirements or conditions presented in the form of technical regulation must be stipulated in legal documents under the promulgating competence of ministers or heads of ministerial-level agencies.

4. A specific administrative procedure stipulated in a legal document under the promulgating competence of a minister, a head of a ministerial-level agency or  the People’s Committee of a province or centrally run city must stipulate clearly and specifically all other elements of the administrative procedure.

In case an administrative procedure has application forms and administrative declaration forms, such forms shall be stipulated in legal documents under the promulgating competence of ministers or heads of ministerial-level agencies.

5. Ministries, ministerial-level agencies and People’s Committees of provinces and centrally run cities shall, when decentralized or authorized by the National Assembly, the Standing Committee of the National Assembly, the Government or the Prime Minister to establish or guide regulations on administrative procedures, ensure such regulations are adequate or such guidelines are clear, specific and in full detail about all elements of administrative procedures specified in Clause 2 of this Article.

Article 9. Collection of opinions on regulations on administrative procedures in draft legal documents

1. Before sending administrative procedures for appraisal, the agency with the main drafting responsibility shall send administrative procedures to administrative procedures control agencies and units for comment according to the following provisions:

a/ Collect comments from the Administrative Procedures Control Agency on administrative procedures to be stipulated in draft legal documents submitted by the Government to the National Assembly or the Standing Committee of the National Assembly, in draft legal documents within the promulgating competence of the Government or the Prime Minister, and in draft joint circulars of ministries and ministerial-level agencies;

b/ Collect comments from offices of  ministries or ministerial-level agencies on administrative procedures to be stipulated in draft legal documents within  the promulgating competence of ministers or heads of ministerial-level agencies;

c/ Collect comments from offices of People’s Committees of provinces or centrally run cities on administrative procedures to be stipulated in draft legal  documents within the promulgating competence of People’s Committees of provinces or centrally run cities.

2. A dossier for collecting comments comprises:

a/ Written request for comments, which specifies issues for comments with respect to regulations on administrative procedures, and criteria already satisfied by the administrative procedures as stipulated in Clauses 2 and 3, Article 10 of this Decree;

b/ Draft document with regulations on the administrative procedures;

c/ Impact assessment report as stipulated in Article 10 of this Decree.

3. The administrative procedures control agency or unit defined in Article 5 of this Decree shall collect comments from concerned agencies and organizations and subjects to be affected by the regulations on administrative procedures through consultation, conferences and workshops or using the comment form developed and published by the Administrative Procedures Control Agency on the National Database of Administrative Procedures, summarize received comments and forward them to the main drafting agency.

The time limit for providing comments on regulations on administrative procedures is provided as follows:

a/ Within 20 (twenty) working days from the date of receipt of a complete dossier for collecting comments, the Administrative Procedures Control Agency shall collect comments, summarize them in a document and send it to the main drafting agency;

b/ Within 10 (ten) working days from the date of receipt of a complete dossier for comment, offices of ministries, ministerial-level agencies or People’s Committees of provinces or centrally run cities shall collect comments, summarize them in a document and send it to the main drafting agency.

4. The main drafting agency shall study and absorb comments of the commenting agencies defined in Clause 1 of this Article. In case the main drafting agency does not absorb received comments, it shall provide specific explanations.

The absorption of and explanation on received comments regarding regulations on administrative procedures in draft legal documents must be presented as a separate part in the absorption and explanation document, which must be forwarded to commenting agencies defined in Clause 1 of this Article.

Article 10. Assessment of impacts of administrative procedures

1. The agency with the main responsibility for drafting a legal document containing regulations on administrative procedures shall organize assessment of impacts of these regulations based on the following criteria:

a/ The necessity of the administrative procedures;

b/ The reasonableness of the administrative procedures;

c/ The legality of the administrative procedures;

d/ Cost of complying with the administrative procedures.

2. Assessment of impacts of administrative procedures shall be conducted by using the forms provided in Annexes I, II and III to this Decree and shall be published by the Administrative Procedures Control Agency on the National Database of Administrative Procedures.

The Administrative Procedures Control Agency shall provide guidelines on how to complete the impact assessment forms and calculate administrative procedures compliance costs. When necessary, it may add assessment criteria to ensure the quality of regulations on administrative procedures.

3. In case of revision and supplementation of administrative procedures, in addition to complying with Clause 2 of this Article, the main drafting agency shall prepare explanations about the simplicity and advantages of the revised or supplemented administrative procedures.

Article 11. Appraisal of regulations on administrative procedures

1. Agencies appraising legal documents shall appraise administrative procedures stipulated in draft legal documents according to the provisions on appraising responsibilities in the law on promulgation of legal documents, and incorporate appraisal results in the appraisal report.

When necessary, appraising agencies may invite the administrative procedures control agency or unit of the same level to take part in appraising the contents of administrative procedures stipulated in draft legal documents.

2. The appraisal of regulations on administrative procedures must focus on issues specified in Articles 7 and 8 of this Decree.

3. A dossier for appraisal comprises documents specified in the law on promulgation of legal documents and a report on assessment of impacts of administrative procedures made according to the form stated in Article 10 of this Decree and an explanatory report on the absorption of comments from agencies, units, organizations and individuals, including comments from the administrative procedures control agency or unit.

Such dossier shall not be accepted by the appraising agency if no impact assessment report and comments from the administrative procedures control agency or unit have been included in the draft legal document containing regulations on administrative procedures.

4. The appraising competence, steps and time limit for appraisal comply with the law on promulgation of legal documents.

Chapter III

IMPLEMENTATION OF ADMINISTRATIVE PROCEDURES

Article 12. Principles of implementing administrative procedures

1. Ensuring the publicity and transparency of administrative procedures currently implemented.

2. Ensuring objectivity and equality in implementing administrative procedures.

3. Ensuring inter-agency transferability, timeliness, accuracy and convenience in implementing administrative procedures.

4. Ensuring the right of individuals and organizations to give feedback and petitions on administrative procedures.

5. Heightening the responsibility of cadres and civil servants in settling affairs for individuals and organizations.

Article 13. Competence to publish administrative procedures

For the purpose of settling affairs of individuals and organizations, administrative procedures must be published in the form of decisions according to the following provisions:

1. Ministers or heads of ministerial-level agencies shall publish administrative procedures stipulated in legal documents on the sectors or fields under the management of their respective ministries or agencies;

2. Chairpersons of People’s Committees of provinces or centrally run cities shall publish administrative procedures under the settling competence of local administration levels in their provinces or centrally run cities;

3. Heads of agencies and units assigned or authorized by higher-level state agencies to issue documents guiding implementation of procedures for settling affairs of individuals and organizations shall publish administrative procedures under the settling competence of their agencies or units.

Article 14. Scope of publishing administrative procedures

1. All administrative procedures, once promulgated, revised, supplemented, replaced, cancelled or abolished, must be made public.

2. Publishing administrative procedures includes publishing new administrative procedures, publishing revised, supplemented or replaced administrative procedures, and publishing cancelled or abolished administrative procedures.

a/ Publishing new administrative procedures means the provision of information on administrative procedures under Clause 1, Article 15 of this Decree;

b/ Publishing revised, supplemented or replaced administrative procedures means the provision of information relating to the revision, supplementation or replacement of administrative  procedures under Clause 2, Article 15 of this Decree;

c/ Publishing cancelled or abolished administrative procedures means the elimination of information on administrative procedures inputted in the National Database of Administrative Procedures under Clause 3, Article 15 of this Decree.

Article 15. Decision to publish administrative procedures

Decisions to publish administrative procedures must be issued at least 10 (ten) working days before the legal documents containing regulation of the administrative procedures take effect.

Contents of such decision must comply with the following provisions:

1. A decision to publish a new administrative procedure must contain the following contents:

a/ Elements of the administrative procedure as stipulated in Clause 2, Article 8 of this Decree;

b/ Legal document(s) stipulating the administrative procedure;

c/ Place and time for implementing the administrative procedure.

2. A decision to publish a revised, supplemented or replaced administrative procedure must contain information as stipulated in Clause 1 of this Article, and must specify which elements of the administrative procedure are revised, supplemented or replaced and legal documents containing provisions on such revision, supplementation or replacement.

3.  A decision to publish a cancelled or abolished administrative procedure must specify the name of the administrative procedure that has been cancelled or abolished. In case the administrative procedure has been published on the National Database of Administrative Procedures, the decision must specify the number and code of the dossier of administrative procedures and legal documents containing provisions on such cancellation or abolishment.

Article 16. Making public administrative procedures

Any information on administrative procedures which have been published by competent persons under Article 15 of this Decree must be made public in full on a  regular basis in a clear, easy-to-access, easy-to-exploit and easy-to-use form with correct addresses given and must be published in the National Database of Administrative Procedures.

Article 17. Forms of making public

In addition to the mandatory forms of publishing in the National Database of Administrative Procedures and posting at the head offices of agencies and units directly handling administrative procedures for individuals and organizations, administrative procedures can be make public in the following forms:

1. On the Government Portal or websites of agencies issuing legal documents containing administrative procedures and administrative procedure-implementing agencies.

2. In the mass media.

3. In other forms.

Article 18. Responsibilities of administrative procedure-implementing agencies

1. To use and arrange cadres and officers having good moral qualities, standard communication skills and professional competence and qualifications to implement administrative procedures.

2. To provide promptly adequate and accurate information, explanations and guidance on administrative procedures for individuals and organizations concerned.

3. To issue receipts of dossiers and documents according to regulations.

4. To preserve and keep confidential dossiers, documents and information relating to personal secrets in the process of settlement as provided by law, except for cases in which they have to collect and disclose information and documents under decisions of competent state agencies or organizations.

5. To explain in writing in case of rejection or requiring additional documents within the prescribed time limit for settlement.

6. To refrain from creating additional administrative procedures and requiring dossiers or paperwork other than those provided by law.

7. To coordinate and share information in the process of settling affairs for individuals and organizations.

8. To assist merited persons, the elderly, the disabled, the poor, pregnant women, orphans and people eligible for social protection in implementing administrative procedures.

9. To apply the one-stop-shop and inter-agency one-stop-shop mechanism in implementing administrative procedures.

10. To receive and handle feedbacks and petitions of individuals and organizations regarding the implementation of administrative procedures.

11. To apply information technology and scientific and technological advances to implementing administrative procedures.

12. To comply with other provisions of the law.

Article 19. Responsibilities of heads of ministries, ministerial-level agencies and People’s Committees of provinces and centrally run cities

1. To publish and input data on administrative procedures in the National Database of Administrative Procedures under Articles 13, 14, 15 and 24 of this Decree; to organize serious implementation of administrative procedures already published in the National Database of Administrative Procedures.

2. To inspect and urge cadres and civil servants under their management in implementing administrative procedures.

3. To commend and reward cadres and civil servants who have recorded achievements in implementing and controlling administrative procedures or have initiatives to reform administrative procedures.

4. To strictly and timely handle in accordance with law cadres and civil servants who commit violations in implementing and controlling administrative procedures.

5. To improve approaches and methods of implementing administrative procedures; to timely propose to higher-level agencies measures for reforming administrative procedures.

6.  To comply with other provisions of law.

Article 20. Responsibilities of cadres and civil servants assigned to implement administrative procedures

1. To fully and seriously perform assigned tasks in implementing administrative procedures.

2. To facilitate compliance with administrative procedures; to show good manners, polite, earnest and modest attitudes, communicate in standard, clear, coherent language when implementing administrative procedures.

3. To receive and handle dossiers of individuals and organizations according to regulations.

4. To provide clear, accurate and  full guidance to individuals and organizations on complying with administrative steps and dossiers so that individuals and organizations do not have to come back more than twice for dossier supplementation with respect to one affair, except in the case they improperly follow guidelines given by cadres and civil servants assigned to implement administrative procedures.

5. To strictly comply with regulations of competent levels on administrative procedures which have been published by heads of ministries, ministerial-level agencies or People’s Committees of provinces and centrally run cities.

6. To be proactive in advising, proposing initiatives to improve the implementation of administrative procedures; timely detect and propose competent agencies and persons to revise, supplement, change, cancel or abolish inappropriate and infeasible regulations on administration procedures.

7. To collaborate with relevant agencies and organizations in implementing administrative procedures.

8. To comply with other provisions of law.

Article 21. Rights and obligations of administrative procedures-complying subjects

1. To comply with all regulations on administrative procedures.

2. To refuse to comply with any requests which are not stipulated in administrative procedures or not yet made public under regulations.

3. To take responsibility for the lawfulness and accuracy of documents in dossiers and provide sufficient relevant information.

4. To refrain from hindering the implementation of administrative procedures by competent state agencies or persons.

5. To refrain from giving bribes or using other tricks to deceive state agencies and competent persons in the implementation of administrative procedures.

6. To supervise the implementation of administrative procedures; provide feedbacks and petitions to competent state agencies or persons on irrationalities of administrative procedures and wrongdoings of cadres and civil servants in implementing administrative procedures.

7. To complain, denounce or file lawsuits against administrative decisions and acts in accordance with law.

8. To personally implement or authorize their lawful representatives to implement administrative procedures in accordance with law.

9. To comply with other provisions of law.

Article 22. Feedbacks and petitions on administrative procedures in the process of implementation

1. Every individual or organization may provide feedback and petitions on administrative procedures and implementation of administrative procedures.

Receipt and settlement of feedbacks and petitions on administrative procedures shall be conducted in accordance with the law on receipt and handling of individuals’ and organizations’ feedbacks and petitions on administrative regulations.

2. The Government Office shall establish and maintain an information portal for petitions and complaints and results of their settlement concerning administrative procedures on the National Database of Administrative Procedures and collect opinions of individuals and organizations on administrative procedures proposed in draft legal documents which are sent by main drafting agencies to the Administrative Procedures Control Agency for comment as stipulated in Clause 1, Article 9 of this Decree.

Chapter IV

NATIONAL DATABASE ON ADMINISTRATIVE PROCEDURES

Article 23. Conditions for posting administrative procedures on the National Database of Administrative Procedures

Administrative procedures posted in the National Database of Administrative Procedures are the ones published by ministers, heads of ministerial-level agencies and chairpersons of People’s Committees of provinces and centrally run cities under Articles 13, 14, and 15 of this Decree.

Article 24. Inputting data of published administrative procedures

Ministers, heads of ministerial-level agencies and chairpersons of People’s Committees of provinces and centrally run cities shall organize the inputting of published administrative procedures and documents containing regulations on administrative procedures into the National Database of Administrative Procedures and forwarded to the Administrative Procedures Control Agency within 5 (five) working days from the date of signing of the decision to publish; and at the same time take responsibility for the accuracy of administrative procedures and documents containing regulations on administrative procedures inputted into the National Database.

Article 25. Validity of administrative procedures and legal documents containing regulations on administrative procedures in the National Database

Administrative procedures and documents containing regulations on administrative procedures or other documents related to administrative procedures posted on the National Database of Administrative Procedures are valid for enforcement and have their enforcement guaranteed.

Application forms, administrative declaration forms posted together with administrative procedures in the National Database of Administrative Procedures have the same validity as those directly provided by administrative procedure-implementing agencies.

Article 26. Responsibilities for managing the National Database of Administrative Procedures

1. The Government Office shall assume the prime responsibility for, and coordinate with the Ministry of Public Security, the Ministry of Information and Communications and other ministries, ministerial-level agencies and localities in, developing and maintaining the National Database of Administrative Procedures; and provide guidance on how to input and send data on administrative procedures to be posted on the National Database of Administrative Procedures.

2. The Administrative Procedures Control Agency shall post data on administrative procedures which have been sent from ministries, sectors, localities as stipulated in Article 24 of this Decree within 5 (five) working days from the date of receipt of such data.

3. Ministers, heads of ministerial-level agencies and chairpersons of People’s Committees of provinces and centrally run cities shall direct creation of links between the websites of their ministries, agencies or People’s Committees of provinces and centrally run cities with the National Database of Administrative Procedures.

4. The National Database of Administrative Procedures consists of the following fundamental contents:

a/ Administrative procedures currently implemented nationwide or within provinces and centrally run cities;

b/ Administrative procedures already annulled or abolished;

c/ Regulatory documents on administrative procedures and those relating to administrative procedures;

d/ The consultation portal for administrative procedures and implementation of administrative procedures as set forth in Clause 2, Article 22 of this Decree;

e/ Other contents as decided by the Prime Minister.

5. The National Database of Administrative Procedures must ensure convenient and easy use for users while they search, look up and exploit the Database.

Chapter V

REVIEW AND EVALUATION OF ADMINISTRATIVE PROCEDURES

Article 27. Responsibilities for reviewing and evaluating administrative procedures

1. Ministries and ministerial-level agencies shall review and evaluate administrative procedures within the fields and sectors under their respective management provided in the legal documents of the National Assembly, Standing Committee of the National Assembly, the Government, the Prime Minister, ministers and heads of ministerial-level agencies.

2. People’s Committees of provinces and centrally run cities shall review and evaluate administrative procedures within the settlement competence of local administrations within their provinces or cities.

3. The Administrative Procedures Control Agency shall conduct independent review and evaluation of administrative procedures in the following cases:

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

b/ Administrative procedures are closely related to one another and the result of implementation of an administrative procedure is the premise for the implementation of subsequent ones;

c/ Administrative procedures, through detection or feedbacks from individuals or organizations, are found cumbersome, difficult to implement, causing obstacles to production or business activities of economic organizations and people’s lives.

Article 28. Contents of review and evaluation

1. The necessity of administrative procedures under review and evaluation and regulations relating to the administrative procedures.

2. The compatibility of administrative procedures under review and evaluation and regulations relating to the administrative procedures with the state management objectives and economic, social and technological changes and other objective conditions.

3. The principles stated Articles 7 and 12 of this Decree.

Article 29. Methods of reviewing and evaluating administrative procedures

1. Administrative procedure review and evaluation must be carried out on the basis of inventorying and listing all administrative procedures which need to be reviewed and evaluated and regulations relating to the administrative procedures on the basis of the contents stated in Article 28 of this Decree. During the process of review and evaluation, subjects affected by the administrative procedures must be taken into account.

2. With regard to administrative procedures mentioned at Point b, Clause 3, Article 27 of this Decree, the review and evaluation of such administrative procedures must be carried out in group of administrative procedures and group of regulations relating to the administrative procedures under review and evaluation.

3. Administrative procedure review and evaluation must be carried out by ministries, ministerial-level agencies and People’s Committees of provinces and centrally run cities and the Administrative Procedures Control Agency according to plan or under the instructions of the Government and the Prime Minister. Results of administrative procedure review and evaluation by these agencies serve as a basis for simplifying administrative procedures.

4. Those directly affected by administrative procedures shall be mobilized to participate in review activities.

5. The Administrative Procedures Control Agency shall conduct independent review and evaluation  of administrative procedures by organizing the review and evaluation or examining results of review and evaluation conducted by ministries, ministerial-level agencies and People’s Committees of provinces and centrally run cities.

Article 30. Review and evaluation plans

1. Plans for reviewing and evaluating administrative procedures shall be developed on any of the following bases:

a/ Instructions of the Government or the Prime Minister;

b/ Discretion of the ministries, ministerial-level agencies,  People’s Committees of provinces or centrally run cities;

c/ Feedbacks and petitions on administrative procedures from individuals and organizations.

2. The contents of a plan for reviewing and evaluating administrative procedures must clearly state the administrative procedures that need to be reviewed and evaluated; the agency that will carry out review and evaluation; time for review and evaluation; and criteria for review and evaluation; and the expected outcomes.

3. Ministries, ministerial-level agencies and People’s Committees of provinces and centrally run cities shall proactively develop annual plans for reviewing and evaluating administrative procedures within their scope of management and send the plans approved by ministers, heads of ministerial-level agencies or chairpersons of People’s Committees of provinces and centrally run cities to the Administrative Procedures Control Agency no later than January 31 of the plan year.

4. On the basis of the instructions by the Government and the Prime Minister and the plans for reviewing and evaluating administrative procedures of the ministries, ministerial-level agencies and  People’s Committees of provinces and centrally run cities, the Administrative Procedures Control Agency shall develop its own independent review plan and submit it to the Prime Minister for approval.

Article 31. Handling of results of review and evaluation

1. On the basis of results of review and evaluation conducted by ministries, ministerial-level agencies and  People’s Committees of provinces and centrally run cities, ministers, heads of ministerial-level agencies and chairpersons of People’s Committees of provinces and centrally run cities shall decide to  revise, supplement, replace, cancel or abolish within their respective competence or propose competent agencies to revise, supplement, replace, cancel or abolish administrative procedures and regulations relating to administrative procedures which fail to comply with Article 28 of this Decree.

2. The Government Office shall submit the overall review and evaluation results or  independent review and evaluation results to the Government and the Prime Minister for decision on solutions to revise, supplement, replace, cancel or abolish administrative procedures and regulations  relating to administrative procedures which fail to comply with Article 28 of this Decree; supervise and monitor the implementation of these decisions of the Government and the Prime Minister by ministries, ministerial-level agencies and People’s Committees of provinces and centrally run cities.

Chapter VI

COMMENDATION, IMPLEMENTATION BUDGET, INFORMATION AND REPORTING

Article 32. Commendation for controlling administrative procedures

1. Agencies, cadres and civil servants that have recorded achievements in controlling administrative procedures shall be commended and rewarded according to the law on emulation and commendation.

2. Cadres and civil servants who are commended and rewarded in controlling administrative procedures for their excellent achievements or merits are entitled to salary increase ahead of schedule and to promotion priority when it is so needed by their organizations, agencies or units.

Article 33. Handling of violations

Violators of the provisions of this Decree shall be handled under law, depending on the nature and seriousness of their violations.

Article 34. Conditions to assure funds for controlling administrative procedures

1. Funds for controlling administrative procedures under in this Decree shall be assured by the state budget. Funds for controlling administrative procedures by ministries and ministerial-level agencies shall be provided by the central budget. Funds for controlling administrative procedures by provinces and centrally run cities shall be provided by local budgets. In addition to state budget funds, ministries, ministerial-level agencies and People’s Committees of provinces or centrally run cities may mobilize and use lawful resources to further control of administrative procedures within their management competence.

2. The Ministry of Finance shall provide guidance on management and use of budget funds for the control of administrative procedures in accordance with the State Budget Law and its guiding documents.

3. Ministries, ministerial-level agencies and People’s Committees of provinces and centrally run cities shall allocate funds for the control of administrative procedures within the state budget estimates of their levels in accordance with the State Budget Law and its guiding documents.

Article 35. Information and reporting regime

1. Ministries, ministerial-level agencies and People’s Committees of provinces, cities under central management shall report to the Prime Minister on a quarterly basis on the control of administrative procedures and its results before the 15th of  the last month of each quarter or make irregular reports upon request of the Prime Minister.

2. The Administrative Procedures Control Agency shall summarize reports of  ministers, heads of ministerial-level agencies and chairpersons of People’s Committees of provinces and centrally run cities as stipulated in Clause 1 of this Article in order to report to the Prime Minister before the 30th of  the last month of each quarter on the control of administrative procedures and its results by ministries, ministerial-level agencies and People’s Committees of provinces and centrally run cities or send irregular reports upon request of the Prime Minister.

3. Contents of a quarterly report mainly include:

a/ Situation of controlling regulations on administrative procedures, in which total number of administrative procedures  which  have been conducted impact assessment and total number of legal documents containing regulations on administrative procedures issued within the month should be specified;

b/ Situation of publishing administrative procedures and number of administrative procedures published;

c/ Situation of implementing administrative procedures in agencies or localities, including the commendation and rewarding of cadres and civil servants and handling of those violating regulations on controlling administrative procedures (if any);

d/ Review and simplification of administrative procedures (if any);

e/ Obstacles and difficulties during the process of controlling administrative procedures (if any);

f/ Situation of receiving feedbacks and petitions on administrative procedures and handling results;

g/ Other contents as requested by the Administrative Procedures Control Agency or as directed by the Prime Minister.

4. The Administrative Procedures Control Agency shall make a report form stipulated in Clause 3 of this Article and post it on the National Database of Administrative Procedures for uniform implementation.

5. The situation and results of controlling administrative procedures must be updated in a timely, honest and regular manner on the Government’s website of administrative procedures and in other mass media.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 36.  Implementation responsibilities

1. Ministers, heads of ministerial-level agencies, chairpersons of People’s Committees of provinces and centrally run cities and concerned agencies shall implement this Decree.

2. The Government Office shall guide, supervise and inspect the implementation of this Decree.

Article 37. Effect

1. This Decree takes effect on October 14, 2010. To annul Article 2 of the Prime Minister’s Decision No. 1699/QD-TTg of October 20, 2009, on the establishment of the National Database of Administrative Procedures, on the effective date of this Decree.

2. Administrative procedures established under legal documents which are issued by competent state agencies before the effective date of this Decree will continue to be effective until they are revised, supplemented, replaced, canceled or abolished.

By December 31, 2010, agencies that have issued legal documents will apply the omnibus law making technique to revise, supplement, replace, cancel and abolish administrative procedures which are established under different documents previously issued by these agencies to fulfill the requirement of administrative procedure simplification under the Project on Administrative Procedure Simplification in the fields of state management for the 2007-2010 period approved by the Prime Minister in Decision No. 30/QD-TTg of January 10, 2007.

After December 31, 2010, administrative procedures shall be revised, supplemented, replaced, cancelled or abolished under this Decree.

3. Establishment of new administrative procedures in legal documents must comply with this Decree from its effective date.-

On behalf of the Government
Prime Minister
NGUYEN TAN DUNG