Decree No. 92/2017/ND-CP dated August 07, 2017 of the Government on amending and supplementing a number of articles of the decrees concerning control of administrative procedures

DECREE

Amending and supplementing a number of articles of the decrees concerning control of administrative procedures[1]

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

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

Pursuant to the June 22, 2015 Law on Promulgation of Legal Documents;

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

The Government issues the Decree amending and supplementing a number of articles of the Government’s Decree No. 20/2008/ND-CP of February 14, 2008, on receipt and handling of individuals’ and organizations’ opinions and petitions on administrative regulations; Decree No. 63/2010/ND-CP of June 8, 2010, on control of administrative procedures; Decree No. 48/2013/ND-CP of May 14, 2013, amending and supplementing a number of articles of the decrees concerning control of administrative procedures; Decree No. 24/2014/ND-CP of April 4, 2014, providing the organization of specialized agencies under People’s Committees of provinces or centrally run cities; Decree No. 37/2014/ND-CP of May 5, 2014, providing the organization of specialized agencies under People’s Committees of districts, towns or provincial cities; Decree No. 34/2016/ND-CP of May 14, 2016, detailing a number of articles of, and providing measures for implementing, the Law on Promulgation of Legal Documents; and Decree No. 123/2016/ND-CP of September 1, 2016, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies.

Article 1.To amend and supplement a number of articles and clauses of the Government’s Decree No. 63/2010/ND-CP of June 8, 2010, on control of administrative procedures as follows:

1. To amend Clause 3, Article 4 as follows:

“3. Control of administrative procedures shall be conducted right from the stage of making proposals for formulation of legal documents and on a regular and continuous basis in the course of implementing administrative procedures.”

2. To amend Article 8 as follows:

“Article 8. Requirements on the establishment of administrative procedures

1. Administrative procedures must be provided in legal documents according to the competence as prescribed in the Law on Promulgation of Legal Documents.

2. The establishment of an administrative procedure is completed only if the administrative procedure fully comprises the following basic constituting elements:

a/ Name of the administrative procedure;

b/ Order of implementation;

c/ Mode of implementation;

d/ Components and number of dossiers;

dd/ Deadline for processing;

e/ Administrative procedure-complying subject(s);

g/ Administrative procedure-processing agency;

h/ In case an administrative procedure requires application forms, administrative declaration forms, administrative procedure implementation results, requirements, conditions, charges, and fees, these will be the constituting elements of that administrative procedure.

3. Agencies and individuals competent to promulgate legal documents shall, when assigned by a law to establish administrative procedures, stipulate all constituting elements of such administrative procedures prescribed in Clause 2 of this Article in an adequate, clear, specific and detail manner.”

3. To amend Article 10 as follows:

“Article 10. Assessment of impacts of administrative procedures

Assessment of impacts of administrative procedures in proposals for formulation of legal documents or draft legal documents must comply with the Law on Promulgation of Legal Documents, the Government’s Decree No. 34/2016/ND-CP of May 14, 2016, detailing a number of articles of, and providing measures for implementing, the Law on Promulgation of Legal Documents, and the Ministry of Justice’s guidance.”

4. To amend Clause 2, Article 13 as follows:

“2. The chairperson of the People’s Committee of a province or centrally run city shall publish:

a/ A list of administrative procedures to be processed by local administrations at various levels in the province or centrally run city, clearly defining the names, legal bases, time and places of, and charges and fees for, implementation of such procedures, in case of being centralized or authorized to establish administrative procedures.

b/ Administrative procedures that they are assigned to establish or detailed in legal documents of local administrations in the province or centrally run city.”

5. To amend Clause 1, Article 15 (amended and supplemented under Clause 5, Article 1 of the Government’s Decree No. 48/2013/ND-CP of May 14, 2013, amending and supplementing a number of articles of the decrees concerning control of administrative procedures) as follows:

“Article 15. Decisions promulgating administrative procedures

A decision promulgating an administrative procedure of an agency defined in Clause 1, Article 13 of this Decree must be issued at least 20 days before the effective date of the legal document containing provisions related to such administrative procedure.

A decision promulgating an administrative procedure of an agency defined in Clause 2 or 3, Article 13 of this Decree must be issued at least 5 days before the effective date of the legal document containing provisions related to such administrative procedure.

In case a legal document containing provisions related to an administrative procedure promulgated according to the simplified order and procedures and takes effect from the date it is approved or signed, the decision promulgating the concerned administrative procedure must be issued at least 3 days before the issuing or signing date of the legal document.

Contents of decisions promulgating administrative procedures must comply with the following provisions:

1. A decision promulgating a new administrative procedure must contain the following provisions:

a/ Constituting elements of the administrative procedure as prescribed in Clause 2, Article 8 of this Decree;

b/ The legal document stipulating the administrative procedure.”

6. To amend Article 17 as follows:

“Article 17. Forms of making public administrative procedures

1. An administrative procedure already promulgated by a competent person must be made public in a complete, accurate and timely manner in the following forms:

a/ Publishing on the National Database of Administrative Procedures;

b/ Posting up at the head office of the agency or unit that directly receives or processes such administrative procedure, applying other forms using electronic means in conformity with infrastructure facilities and technical conditions on the basis of the decision promulgating the administrative procedure, or dumping, connecting or integrating data on the administrative procedure on the National Database of Administrative Procedures;

c/ Publishing on the Government Portal or portals of ministries, ministerial-level agencies and People’s Committees of provinces and centrally run cities on the basis of connection and integration with the National Database of Administrative Procedures.

2. In addition to the mandatory forms prescribed in Clause 1 of this Article, administrative procedures can be made public in other forms in conformity with actual conditions of agencies, units and subjects carrying out such administrative procedures.”

7. To amend Article 24 as follows:

“Article 24. Inputting and publishing of promulgated administrative procedures

1. Ministries, heads of ministerial-level agencies and chairpersons of People’s Committees of provinces and centrally run cities shall organize the inputting and publishing of administrative procedures and documents containing regulations on administrative procedures already promulgated in the National Database of Administrative Procedures; and at the same time, take responsibility for the accuracy of administrative procedures inputted and published in the National Database of Administrative Procedures.

2.  The time limit for inputting and publishing a promulgated administrative procedure in the National Database of Administrative Procedures is 10 working days from the signing date of the decision  promulgating the administrative procedure, in case the promulgating decision is signed by a minister or the head of a ministerial-level agency; 5 working days from the signing date of the decision promulgating the administrative procedure, in case the promulgating decision is signed by the chairperson of a provincial-level People’s Committee; or 2 working days from the signing date of the decision promulgating the administrative procedure, in case the administrative procedure is provided in a legal document promulgated according to the simplified order and procedures which takes effect on the date of approval or signing.

8. To amend Clauses 1 and 2, Article 26 as follows:

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

1. The Government Office shall assume the prime responsibility for, and coordinate with ministries, sectors and localities in, developing and maintaining the National Database of Administrative Procedures; guide, review, evaluate and examine the inputting, publishing, exploitation and management of data on administrative procedures on the National Database of Administrative Procedures.

2. Ministries, ministerial-level agencies and provincial-level People’s Committees shall manage login accounts, censor, post, examine and check data on administrative procedures; ensure the uniformity and consistency among administrative procedures published on the National Database of Administrative Procedures, those published on portals of ministries, sectors and localities and those made public at administrative procedure-processing places.”

9. To amend Clause 1, Article 28 as follows:

“Article 28. Contents of review and evaluation

1. The necessity, reasonability and legality of, regulations related to, and costs for compliance with administrative procedures under review and evaluation.”

10.To replace the phrases “legal organizations at ministries and ministerial-level agencies”, “legal organizations of ministries and ministerial-level agencies”, and “legal organizations attached to ministries and ministerial-level agencies”; the phrase “heads of legal organizations”; the phrase “provincial-level Departments of Justice”; and the phrase “Directors of provincial-level Departments of Justice” in Articles 5, 9 and 35a (amended and supplemented in Clauses 1, 2 and 11, Article 1 of the Government’s Decree No. 48/2013/ND-CP of May 14, 2013, amending and supplementing a number of articles of the decrees on control of administrative procedures) respectively with the phrases “offices of ministries and ministerial-level agencies”; “chiefs of offices of ministries or ministerial-level agencies”; “offices of provincial-level People’s Committees”; and “Chiefs of Offices of provincial-level People’s Committees”

11.To replace the phrases “du an, du thao van ban quy pham phap luat”“du an van ban quy pham phap luat” and “du thao van ban quy pham phap luat” (draft legal documents) in Articles 9 and 11 (amended and supplemented in Clauses 2 and 4, Article 1 of the Government’s Decree No. 48/2013/ND-CP of May 14, 2013, amending and supplementing a number of articles of the decrees on control of administrative procedures) with the phrase “proposals for formulation of legal documents and draft legal documents”.

Article 2.To amend and supplement a number of articles and clauses of the Government’s Decree No. 20/2008/ND-CP of February 14, 2008, on receipt and processing of individuals’ and organizations’ feedback and petitions on administrative regulations as follows:

1. To add Clause 6 to Article 3 as follows:

“6. Information system for receiving and processing feedback and petitions means an electronic information system functioning to support the receipt, processing and publicization of results of processing individuals’ and organizations’ feedback and petitions on administrative regulations.”

2. To add Clause 4 to Article 6 as follows:

“4. Data messages shall be sent through e-mails of receiving agencies, e-portals of ministries, sectors and localities or the information system for receiving and processing feedback and petitions.”

3. To add Clause 4 to Article 7 as follows:

“4. Requirements on feedback and petitions in data messages sent through e-mails of receiving agencies, e-portals of ministries, sectors and localities or the information system for receiving and processing feedback and petitions:

a/ Feedback and petitions are sent to the right e-mail addresses or e-portal addresses of ministries, sectors and localities or the address of the information system for receiving and processing feedback and petitions publicized by receiving agencies.

b/ Being in Vietnamese: Vietnamese character font set (Unicode Vietnamese fonts) under Vietnamese standard TCVN 6909:2001.

c/ Having clear contents.

d/ Showing the name, address, telephone number, e-mail address or mail address of the individual or organization giving the feedback or petition.

dd/ Attaching files in appropriate formats as required by the information system.”

4. To add Clause 3 to Article 9 as follows:

“3. For feedback and petitions given in the form of e-data messages, competent state administrative agencies shall receive them according to the following process:

a/ Guiding individuals and organizations to give feedback and petitions according to Clause 4, Article 7 of this Decree;

b/ Signing in e-portals of ministries, sectors and localities or the information system for receiving and processing feedback and petitions to receive feedback and petitions;

c/ Studying, assessing and classifying feedback and petitions:

- Rejected feedback and petitions due to their failure to meet the requirements specified in Clause 4, Article 7 of this Decree;

- Feedback and petitions on specific problems in the implementation of administrative regulations caused by state administrative agencies’, officials’ or public employees’ acts of delaying or harassing the implementation of, failing to implement or properly implement, administrative regulations;

In this case, receiving agencies shall forward feedback and petitions to competent state administrative agencies for handling in accordance with law via the information system for receiving and processing feedback and petitions.

- Feedback and petitions on administrative regulations to be processed by receiving agencies;

- Feedback and petitions on administrative regulations not to be processed by receiving agencies.

In this case, within five working days after receiving such feedback and petitions, receiving agencies shall forward them to competent agencies for handling via the information system for receiving and processing feedback and petitions.

d/ Storing the data messages of feedback and petitions received into the databases of e-portals of ministries, sectors and localities or the information system for receiving and processing feedback and petitions.”

5. To amend Clauses 2 and 3 of Article 10 as follows:

“2. To install specialized telephone numbers and establish the function to receive feedback and petitions on the e-portals of ministries, sectors and localities.

3. To publicize office addresses, mail addresses, specialized telephone numbers, email and e-portal addresses, and address of the information system for receiving and processing feedback and petitions according to Article 13 of this Decree.”

6. To amend Point e, Clause 2 of Article 14 as follows:

“e/ Organizing the preservation of records of processed feedback and petitions according to the law on archives, and at the same time, storing them in the information system for receiving and handling feedback and petitions.”

7. To amend Clause 3 of Article 16 as follows:

“3. To organize the preservation of records, documents and e-data of feedback and petitions on administrative regulations and processing results.”

8. To amend Clause 1 of Article 19 as follows:

“1. Publicizing on the information system for receiving and processing feedback and petitions; and on the e-portal or website of the agency.”

9. To amend Article 20 as follows:

“Article 20. Establishment of the information system for receiving and processing feedback and petitions on administrative regulations

1. The Government Office shall:

a/ Build and manage a unified national information system for receiving and processing feedback and petitions on administrative regulations;

b/ Publicize feedback and petitions on administrative regulations processed by competent authorities via the information system for receiving and processing feedback and petitions on administrative regulations and the Government’s e-portal;

c/ Guide ministries, ministerial-level agencies and provincial-level People’s Committees in managing, exploiting and using the information system for receiving and processing feedback and petitions on administrative regulations;

d/ Organize the connection, integration and exchange of e-data of feedback and petitions on administrative regulations between e-portals of ministries, sectors and localities and the information system for receiving and processing feedback and petitions on administrative regulations.

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

a/ Manage, exploit and use the information system for receiving and processing feedback and petitions on administrative regulations under the guidance of the Government Office;

b/ Coordinate with the Government Office in connecting, integrating and exchanging e-data of feedback and petitions on administrative regulations between the e-portals of ministries, sectors and localities and the information system for receiving and processing feedback and petitions on administrative regulations; updating the situation and results of processing of feedback and petitions into the information system for receiving and processing feedback and petitions under the guidance of the Government Office”.

10.To replace the phrase “receiving book” with the phrase “the information system for receiving and processing feedback and petitions on administrative regulations” at Point c, Clause 1 and Point g, Clause 2 of Article 9.

Article 3.To amend, supplement and annul a number of articles and clauses of the Government’s Decree No. 24/2014/ND-CP of April 4, 2014, providing the organization of specialized agencies under provincial-level People’s Committees as follows:

1.To remove the phrase “control of administrative formalities” in Clause 2 of Article 8.

2. To amend Clause 17 of Article 8 as follows:

“17. Offices of provincial-level People’s Committees:

To advise and assist provincial-level People’s Committees on working programs and plans; control of administrative formalities; organization of single-window and inter-agency single-window mechanisms in processing administrative formalities under the authority of provincial, district and commune levels; organization, management and publicization of official information on activities of provincial-level People’s Committees and their chairpersons; to act as focal points for e-portals and connection of e-administrative information systems serving the direction and administration by provincial-level People’s Committees and their chairpersons; to manageCong Bao(Official Gazette) and general activities of provincial-level People’s Committees; to assist chairpersons and vice chairpersons of provincial-level People’s Committees in performing their tasks and powers within their competence; to manage their archives and internal administration affairs.”

Article 4.To amend, supplement and annul a number of articles and clauses of the Government’s Decree No. 37/2014/ND-CP of May 5, 2014, providing the organization of specialized agencies under People’s Committees of districts, towns or provincial cities as follows:

1.To remove the phrase “control of administrative formalities” in Clause 2 of Article 7.

2. To amend Clause 10 of Article 7 as follows:

“10. Offices of People’s Councils and People’s Committees

To advise People’s Councils and People’s Committees on the operation of People’s Councils and People’s Committees; to advise chairpersons of People’s Committees in their direction and administration work; to control administrative formalities; to provide information serving the management by, and operation of, People’s Councils, People’s Committees and local state agencies; to ensure physical and technical foundations for the operation of People’s Councils and People’s Committees; to organize the implementation of single-window and inter-agency single-window mechanisms in processing administrative formalities under the authority of the district level; to guide and receive dossiers from individuals and organizations in all affairs to be settled by district-level People’s Committees, transfer dossiers to specialized agencies under district-level People’s Committees for processing, and receive dossier-processing results for return to individuals and organizations.

For ethnic minority people-inhabited districts which do not fully satisfy the criteria for establishment of ethnic affairs bodies, the Offices of People’s Councils and Offices of People’s Committees shall advise and assist People’s Committees in performing the state management of ethnic affairs.

For district-level administrative units having national boundary borderlines on land, at sea and on islands, the Offices of People’s Councils and Offices of People’s Committees shall advise and assist People’s Committees in performing the state management of foreign and border affairs.”

Article 5.To amend and supplement Clauses 1 and 2, Article 19 of the Government’s Decree No. 123/2016/ND-CP of September 1, 2016, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies as follows:

“Article 19. The Office of a ministry

1. The Office is an institution of a ministry, functioning to give general advice on working programs and plans and serve operations of the ministry; assist the Minister in summarizing, monitoring and urging institutions and units of the ministry in implementing such programs and plans; and control administrative formalities and organize the implementation of single-window and inter-agency single-window mechanisms in processing administrative formalities to be settled at the central level as prescribed by law.

2. The Office shall perform tasks related to administrative, clerical and archival work; control and reform administrative formalities and organize the implementation of single-window and inter-agency single-window mechanisms in processing administrative formalities to be settled at the central level; manage physical and technical foundations, assets and operational funds, and ensure working facilities and conditions; provide general services for operations of the ministry and its internal administration work; and perform other tasks prescribed by law or assigned by the Minister.”

Article 6.Transitional provisions

1. In case the Decree defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies was promulgated before the effective date of this Decree, ministries or ministerial-level agencies shall reorganize the divisions for control of administrative formalities in their Offices on the basis of transferring the divisions for control of administrative formalities under the legal affairs organizations of ministries and ministerial-level agencies in case such organizations have these divisions, or establishing the divisions for control of administrative formalities under the Offices of ministries or ministerial-level agencies to perform the functions and tasks of control and reform of administrative formalities and organize the implementation of single-window and inter-agency single-window mechanisms in processing administrative formalities as assigned in this Decree. The Ministry of Public Security shall exceptionally comply with the Law on People’s Public Security.

2. Provincial-level People’s Committees shall reorganize the divisions for control of administrative formalities in their Offices on the basis of transferring the divisions for control of administrative formalities of provincial-level Justice Departments to perform the functions and tasks of control and reform of administrative formalities and organize the implementation of single-window and inter-agency single-window mechanisms in processing administrative formalities in accordance with this Decree.

Article 7.Responsibilities for organization of implementation

1. The Government Office shall:

a/ Guide the announcement and publicization of administrative formalities; review and assess administrative formalities; build, manage and operate the national database on administrative formalities; examine, synthesize and report on the implementation situation and results of control of administrative formalities and other contents provided in this Decree.

b/ Monitor, urge and examine the implementation of this Decree.

2. The Ministry of Justice shall review and annul the whole or part of the Minister of Justice’s Circular when the Minister-Chairperson of the Government Office’s Circular guiding the implementation of the contents specified at Point a, Clause 1 of this Article takes effect.

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

Article 8.Implementation provisions

1. This Decree takes effect on September 25, 2017.

2. This Decree annuls Clause 3a, Article 3; Clause 3a, Article 5; and Clause 3a, Article 6 of the Government’s Decree No. 55/2011/ND-CP of July 4, 2011, defining the functions, tasks, powers and apparatus organization of legal affairs bodies (which was amended and supplemented in Article 4 of the Government’s Decree No. 48/2013/ND-CP of May 14, 2013, amending and supplementing a number of articles of the decrees on control of administrative formalities); and annul the phrase “control of administrative formalities” at Point c, Clause 2, Article 174 of the Government’s Decree No. 34/2016/ND-CP of May 14, 2016, detailing a number of articles of, and providing measures for implementing, the Law on Promulgation of Legal Documents.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC