Circular 02/2017/TT-VPCP guidelines on control of administrative procedures

CIRCULAR

Guidelines on control of administrative procedures

Pursuant to Decree No. 20/2008/ND-CP dated February 14, 2008, of the Government on receipt and processing feedback and proposals on administrative regulations of individuals and organizations;

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

Pursuant to Decree No. 48/2013/ND-CP dated May 14, 2013, of the Government amending and supplementing a number of articles of the Decrees concerning control of administrative procedures;

Pursuant to 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;

Pursuant to Decree No. 150/2016/ND-CP dated November 11, 2016, of the Government defining the functions, tasks, powers, and organizational structure of the Government Office;

At the proposal of the Director of the Administrative Procedures Control Agency,

The Minister-Chairman of the Government Office hereby promulgates the Circular specifying guidelines on control of administrative procedures.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Circular specifies the guidelines on the announcement and publication of administrative procedures; review and evaluation of administrative procedures; building, management, and operation of the National Database on Administrative Procedures; operation and exploitation of the information system for receiving and processing feedback and proposals on administrative regulations; inspection of control of administrative procedures; summarizing and reporting on the situation and results of control of administrative procedures as specified in Decree No. 63/2010/ND-CP dated June 8, 2010, of the Government on controlling administrative procedures (which has been amended and supplemented) (hereinafter referred to as Decree No. 63/2010/ND-CP that has been amended and supplemented).

2. Giving opinions on regulations on administrative procedures in proposals for formulation of legal documents and in draft legal documents shall comply with Article 9 of Decree No. 63/2010/ND-CP that has been amended and supplemented and the form of written opinions provided in Appendix I issued with this Circular.

Article 2. Subjects of application

1. Agencies, organizations, and individuals that control administrative procedures.

2. Relevant agencies, organizations, and individuals.

Article 3. Interpretation of terms

1. Review and evaluation of administrative procedures mean making statistics, gathering, analyzing, and detecting the administrative procedures that are unnecessary, unreasonable, illegal, or against the principles of establishing administrative procedures in Decree No. 63/2010/ND-CP that has been amended and supplemented.

2. Calculating compliance costs of administrative procedures means quantifying costs that individuals and organizations incur to follow administrative procedures that have been introduced or are expected to be introduced.

3. Management and Evaluation System for Control of Administrative Procedures means an information system built to support State administrative agencies and units, cadres, civil servants, and concerned organizations and individuals in performing a number of tasks related to the control of administrative procedures; monitoring and evaluating the control of administrative procedures by ministries, ministerial-level agencies, the Vietnam Social Security, the Vietnam Bank for Social Policies, the Vietnam Development Bank, People's Committees of provinces and municipalities (hereinafter referred to as provincial-level People's Committees).

4. Information system for receiving and processing feedback and proposal of citizens and enterprises means an information system, which supports the receipt, processing, and response of feedback and proposals of citizens and enterprises, built by the Government Office and integrated into the National Database on Administrative Procedures, the Management and Evaluation System for Control of Administrative Procedures.

Chapter II

ANNOUNCEMENT OF ADMINISTRATIVE PROCEDURES

Article 4. Aims and requirements of announcement of administrative procedures

1. Announcement of administrative procedures and standard operating protocols (hereinafter collectively referred to as administrative procedures) aims at ensuring full, accurate, uniform, consistent, transparent, and timely implementation thereof, thereby facilitating the inspection and supervision of competent State authorities and citizens over the implementation of administrative procedures.

2. Requirements for the announcement of administrative procedures

a) Administrative procedures must be announced under decisions of ministers, heads of ministerial-level agencies, chairpersons of provincial-level People's Committees, and heads of agencies or units assigned or authorized by their superiors to issue documents guiding individuals and organizations to follow standard operating protocols.

b) The announcement of administrative procedures must fall under the proper jurisdiction in a rigorous process in order to ensure the reliability, accuracy, completeness, timeliness, and punctuality thereof.

c) Decisions to announce administrative procedures of ministers, heads of ministerial-level agencies, and chairpersons of provincial-level People's Committees must fully and accurately mention the regulations on administrative procedures in legal documents and be made in a timely manner.

d) Decisions to announce administrative procedures of the General Directors of the Vietnam Social Security, the Vietnam Development Bank, and the Vietnam Bank for Social Policies (hereinafter referred to as the agency-level General Directors) must fully and accurately mention the regulations on administrative procedures in legal documents and documents guiding individuals and organizations to follow standard operating protocols; be enforceable within the system of their affiliated agencies nationwide as well as by related organizations and individuals.

Article 5. Conditions and scope of announcement of administrative procedures

1. Administrative procedures eligible for being announced

a) Administrative procedures within the scope of the Decree No. 63/2010/ND-CP that has been amended and supplemented.

b) Administrative procedures that are specified in legal documents and in documents guiding the implementation of standard operating protocols issued by the agency-level General Directors as assigned or authorized by their superior State authorities.

c) Administrative procedures that satisfy the requirements in Clause 2, Article 8 of Decree No. 63/2010/ND-CP that has been amended and supplemented, unless the administrative procedures to be announced are those established by the People's Councils and People's Committees at all levels that are so assigned under the law, or guided in documents guiding individuals and organizations to follow standard operating protocols documents issued by the agency-level General Directors who are so assigned or authorized.

2. The scope of announcement of administrative procedures is specified in Article 14 of Decree No. 63/2010/ND-CP which has been amended and supplemented.

Article 6. Format of, and information contained in a decision to announce administrative procedures

1. A decision to announce administrative procedures (made using the form provided in Appendix II issued with this Circular) shall include the following items:

a) The decision itself.

b) A list of newly established, amended, supplemented, substitutive, or annulled administrative procedures.

c) Details of each administrative procedure (if newly-established, amended, supplemented, or substitutive administrative procedures are announced) and attached documents (if any), including application form, declaration form; fees and charges; sample results of administrative procedures; requirements and conditions.

2. The decision to announce the list of administrative procedures falling under the jurisdiction of all levels of administration in the provinces or municipalities (made using the form provided in Appendix III issued with this Circular) has the structure and contains the information as follows:

a) The decision is structured into two parts: The decision itself and the list of administrative procedures falling under the jurisdiction of all levels of administration in the provinces and municipalities.

b) The administrative procedures are listed in order of jurisdiction and fields to which they are related.

c) The list of administrative procedures shall specify the names, the turnaround time and places where such administrative procedures are implemented, the legal grounds for implementation, and fees and charges if applicable under decentralization or authorization.

3. Depending on real situations, ministries, sectors, and local authorities shall apply digital signatures to electronic copies of the decisions in accordance with the law regulations on digital signatures and digital signature authentication services.

Article 7. Responsibility for formulating decisions to announce administrative procedures

1. The functional agencies and units under the ministries or ministerial-level agencies shall formulate decisions to announce administrative procedures in legal documents under the ambit of their management.

2. Sector-specific regulatory agencies under the provincial-level People's Committees shall:

a) Formulate decisions to announce the lists of administrative procedures falling under the jurisdiction of all levels of administration in the provinces and municipalities.

b) Formulate decisions to announce the administrative procedures which they are assigned to stipulate or detail in legal documents of all levels of administration in the provinces and municipalities after such legal documents are issued.

3. Functional agencies and units under the Vietnam Social Security, the Vietnam Bank for Social Policies, and the Vietnam Development Bank shall formulate decisions to announce administrative procedures related to the fields and professions within the ambit of their management immediately after the legal documents detailing the administrative procedures falling under their jurisdiction or documents guiding individuals and organizations to follow standard operating protocols are issued.

Article 8. Responsibilities for monitoring and pushing the formulation of decisions to announce administrative procedures

1. The divisional bodies in charge of controlling administrative procedures under the offices of ministries or ministerial-level agencies, or the Department of Legal Affairs, Administrative and Judicial Reform under the Ministry of Public Security (hereinafter referred collectively to as the divisional bodies in charge of controlling administrative procedures under ministries or ministerial-level agencies) shall be responsible for monitoring and pushing the drafting of the announcement decisions by functional agencies and units under the ministries or ministerial-level agencies.

2. The divisional bodies in charge of controlling administrative procedures under the offices of ministries or ministerial-level agencies, or the Department of Legal Affairs, Administrative and Judicial Reform under the Ministry of Public Security (hereinafter referred collectively to as the divisional bodies in charge of controlling administrative procedures under ministries or ministerial-level agencies) shall be responsible for monitoring and pushing the drafting of the announcement decisions by functional agencies and units under the ministries or ministerial-level agencies.

3. The divisional bodies in charge of controlling administrative procedures under the Offices of the provincial-level People's Committees shall be responsible for monitoring and pushing the drafting of announcement decisions by sector-specific regulatory agencies under the provincial-level People's Committees.

4. Agencies, organizations, and individuals shall report to the competent authorities mentioned in Article 13 of Decree No. 63/2010/ND-CP that is amended and supplemented, or to the Administrative Procedures Control Agency under the Government Office, for resolution in accordance with the regulations if, during the course of carrying out administrative procedures, they become aware that such procedures have not been announced, or if such administrative procedures have been announced incompletely or inaccurately contrary to the legal documents containing regulations thereon.

Article 9. Process of formulating and issuing decisions to announce administrative procedures by ministers and heads of ministerial-level agencies

The decisions to announce administrative procedures must be issued by ministers or heads of ministerial-level agencies no later than 20 (twenty) days before the effective date of the legal documents containing regulations on such administrative procedures; or no later than 03 days from the date on which the legal documents are announced or signed for promulgation (as for legal documents that take effect from the date of adoption or signing for promulgation ).

The process of formulating and issuing a decision to announce administrative procedures is specified as follows:

1. Formulate the announcement decision

a) A functional agency/unit of a ministry/ministerial-level agency shall draft the announcement decision immediately after the legal document detailing the administrative procedures within the ambit of the ministry’s/ministerial-level agency’s management is issued.

b) The agency/unit that has drafted the announcement decision must send the submittals for issuance of the decision to the office of the ministry/ministerial-level agency or the Department of Legal Affairs, Administrative and Judicial Reform under the Ministry of Public Security (hereinafter referred to as the office of the ministry/ministerial-level agency) for quality control before submitting to the Minister/Head of the ministerial-level agency no later than 30 (thirty) days before the date on which the legal document detailing the administrative procedures takes effect.

c) The submittals for issuance of the announcement decision shall consist of A statement for issuance of the announcement decision; the draft announcement decision enclosed with the newly established, amended, supplemented, substitutive, or annulled administrative procedures.

2. Submit the announcement decision for issuance

After receiving the submittals for issuance of the decision, the divisional body in charge of controlling administrative procedures under the ministry/ministerial-level agency shall assist the chief of the office of such ministry/ministerial-level agency in controlling the format and details of the announcement decision. If the draft announcement decision satisfies the requirements for its format and details, the office of the ministry/ministerial-level agency shall submit it to the Minister/Head of the ministerial-level agency for him/her to sign and issue the decision.

3. Absorb comments on, explain, and finalize the draft announcement decision

No later than 05 days from the date on which the submittals for issuance of the decision are received, if it does not satisfy the requirements for its format and details, the office of the ministry/ministerial-level agency shall send written comments to the agency/unit that drafts the decision for it to absorb such comments and finalize the draft.

No later than 05 days from the date on which the written comments of the office of the ministry/ministerial-level agency are received, the agency/unit that drafts the announcement decision as specified at Point a, Clause 1 of this Article shall absorb such comments, then explain and finalize the draft decision to announce administrative procedures, then submit it to the Minister/Head of the ministerial-level agency for him/her to sign and issue the decision. A document that indicates the absorption of the comments or explanations of the draft shall be enclosed as an addition to the final submittal of the announcement decision for issuance.

4. As for any legal document that takes effect from the date of adoption or signing, the announcement process is specified as follows:

a) The functional agency/unit of a ministry/ministerial-level agency that assumes the prime responsibility for formulating the legal document shall draft the decision to announce administrative procedures specified therein whilst it is drafting such a legal document.

b) After the legal document is approved or signed for promulgation, the agency/unit that drafts the announcement decision shall send the statement and the draft decision to the office of the ministry/ministerial-level agency.

c) After receiving the submittals for issuance of such a decision, the divisional body in charge of controlling administrative procedures under the ministry/ministerial-level agency shall assist the chief of the office of the ministry/ministerial-level agency in controlling the format and details of the announcement decision. If the draft announcement decision satisfies the requirements for its format and details, the office of the ministry/ministerial-level agency shall submit it to the Minister/Head of the ministerial-level agency for him/her to sign and issue the decision.

d) If the draft announcement decision does not satisfy the requirements for its format and details, the office of the ministry/ministerial-level agency shall send written comments to the agency/unit that drafts the decision for it to absorb such comments and finalize the draft.

No later than 01 day from the date on which the written comments of the office of the ministry/ministerial-level agency are received, based on such comments, the agency/unit that drafts the announcement decision shall finalize the draft decision and then submit it to the Minister/Head of the ministerial-level agency for him/her to sign and issue the decision.

5. The announcement decision after being signed and issued must be sent to the Administrative Procedures Control Agency under the Government Office (its electronic and paper copy), the provincial-level People's Committees (electronic copy via the National Database on Administrative Procedures) no later than 03 working days from the date on which such decision is signed and issued; and at the same time publicize it on the National Database on Administrative Procedures as well as integrate and publicize such data on the web portal of the ministry/ministerial-level agency in accordance with regulations.

Article 10. Process of formulating and issuing decisions to announce administrative procedures by chairpersons of provincial-level People's Committees

1. As for a decision to announce the list of administrative procedures falling under the jurisdiction of all levels of administration in a province or municipality

a) Based on the announcement decision of the ministry/ministerial-level agency (sent as specified in Clause 5, Article 9 of this Circular), the concerned sector-specific regulatory agency under the provincial-level People's Committee shall formulate the statement and draft decision to announce the list of administrative procedures and send them to the office of the provincial-level People's Committee.

b) After receiving the submittals for issuance of the decision, the divisional body in charge of controlling administrative procedures under the office of the provincial-level People's Committee shall assist the chief of such office in controlling the format and details of the decision to announce the list of administrative procedures. If the draft announcement decision satisfies the requirements for its format and details, the office of the provincial-level People's Committee shall submit it to the Chairperson of the provincial-level People's Committee for him/her to sign and issue the decision.

c) No later than 05 days from the date on which the submittals for issuance of the decision are received, if it does not satisfy the requirements for its format and details, the office of the provincial-level People's Committee shall send its written comments to the agency/unit that drafts the decision for it to finalize the draft.

No later than 03 days from the date on which the written comments are received, the agency that drafts the announcement decision shall absorb such comments, explain and finalize the draft decision, and then submit it to the Chairperson of the provincial-level People's Committee for him/her to sign and issue the decision. A document that indicates the absorption of the comments or explanations of the draft shall be enclosed as an addition to the final submittal of the announcement decision for issuance.

2. As for a decision to announce the administrative procedures which are stipulated or detailed in legal documents of all levels of administration in a province or municipality

The decision to announce administrative procedures must be issued by the Chairperson of the provincial-level People's Committee no later than 05 days before the effective date of the legal document containing regulations on such administrative procedures. The process of formulating and issuing a decision to announce administrative procedures is specified as follows:

a) No later than 08 days before the effective date of the legal document containing regulations on the administrative procedures, the concerned sector-specific regulatory agency under the provincial-level People's Committee shall formulate a statement and a draft decision to announce such administrative procedures and send them to the office of the provincial-level People's Committee for the decision to be signed and issued.

b) After receiving the submittals for issuance of the announcement decision, based on the announcement decision of the ministry/ministerial-level agency and relevant legal documents, the divisional body in charge of controlling administrative procedures under the office of the provincial-level People's Committee shall assist the chief of such office in controlling the format and details of the draft decision. If the draft announcement decision satisfies the requirements for its format and details, the office of the provincial-level People's Committee shall submit it to the Chairperson of the provincial-level People's Committee in accordance with the regulations.

c) No later than 02 days from the date on which the submittals for issuance of the decision is received, if it does not satisfy the requirements for its format and details, the office of the provincial-level People's Committee shall send its written comments to the agency/unit that drafts the decision for it to finalize the draft.

No later than 02 days from the date on which the written comments are received, the agency that drafts the announcement decision shall absorb such comments, explain and finalize the draft decision, and then submit it to the Chairperson of the provincial-level People's Committee for him/her to issue the decision. A document that indicates the absorption of the comments or explanations of the draft shall be enclosed as an addition to the final submittal of the announcement decision for issuance.

3. As for any legal document that takes effect from the date of adoption or signing, the process of announcing administrative procedures is specified as follows:

a) The Sector-specific regulatory agency of the provincial-level People's Committee that assumes the prime responsibility for formulating the legal document shall draft the decision to announce administrative procedures specified therein whilst it is drafting such legal document.

b) After the legal document is signed for promulgation, the agency/unit that drafts the announcement decision shall submit the submittals for issuance of such decision, which consist of the statement and the draft decision, to the office of the provincial-level People's Committee.

c) After receiving the submittals for issuance of the announcement decision, based on the announcement decision of the ministry/ministerial-level agency and relevant legal documents, the divisional body in charge of controlling administrative procedures shall assist the chief of such office in controlling the format and details of the decision. If the draft announcement decision satisfies the requirements for its format and details, the office of the provincial-level People's Committee shall submit it to the Chairperson of the provincial-level People's Committee for him/her to sign and issue the decision.

d) If the draft announcement decision does not satisfy the requirements for its format and details, the office of the provincial-level People's Committee shall send its written comments to the agency/unit that drafts the decision for it to finalize the draft.

No later than 01 day from the date on which the written comments of the office of the provincial-level People's Committee are received, based on such comments, the agency/unit that drafts the announcement decision shall finalize the draft decision and then submit it to the Chairperson of the provincial-level People's Committee for him/her to sign and issue the decision.

4. The announcement decision after being signed and issued must be sent to the Administrative Procedures Control Agency under the Government Office (electronic copy via the National Database on Administrative Procedures) as well as the agencies and units that are in charge of implementing administrative procedures no later than 03 working days from the date on which such decision is signed and issued; and at the same time publicize it on the National Database on Administrative Procedures as well as integrate and publicize such data on the web portal of the provincial-level People's Committee in accordance with regulations.

Article 11. Process of formulating and issuing decisions to announce administrative procedures by the agency-level General Directors

1. No later than 05 days from the date on which the document guiding the implementation of the standard operating protocols is signed and issued, the functional agency/unit under the Vietnam Social Security, the Vietnam Bank for Social Policies, or the Vietnam Development Bank shall formulate a statement and a draft decision to announce administrative procedures and send them to the body in charge of controlling standard operating protocols under the Vietnam Social Security, the Vietnam Bank for Social Policies, or the Vietnam Development Bank.

2. After receiving the submittals for issuance of the announcement decision, the body in charge of controlling standard operating protocols under the Vietnam Social Security, the Vietnam Bank for Social Policies, or the Vietnam Development Bank shall control the format and details of such announcement decision.

If the draft decision on announcement satisfies the requirements for its format and details, the body in charge of controlling standard operating protocols under the Vietnam Social Security, the Vietnam Bank for Social Policies, or the Vietnam Development Bank shall submit it to the General Director of the respective agency for him/her to sign and issue the decision.

3. No later than 03 days from the date on which the submittals for issuance of the decision are received, if it does not satisfy the requirements for its format and details, the body in charge of controlling standard operating protocols under the Vietnam Social Security, the Vietnam Bank for Social Policies, or the Vietnam Development Bank shall send its written comments to the agency/unit that drafts the decision for it to finalize the draft.

No later than 02 days from the date on which the written comments are received, the agency that drafts the announcement decision shall absorb such comments, explain and finalize the draft decision, and then submit it to the General Director of the respective agency for him/her to sign and issue the decision. A document that indicates the absorption of the comments or explanations of the draft shall be enclosed as an addition to the final submittal of the announcement decision for issuance.

4. The announcement decision after being signed and issued must be sent to the Administrative Procedures Control Agency under the Government Office (its paper copy and an electronic copy sent via the National Database on Administrative Procedures) and to the agencies and units that are in charge of implementing administrative procedures no later than 03 working days from the date on which such decision is signed and issued; and at the same time publicize it on the National Database on Administrative Procedures as well as integrate and publicize such data on the web portal of the respective agency in accordance with regulations.

Chapter III

PUBLICIZATION OF ADMINISTRATIVE PROCEDURES AT THE PREMISES OF AGENCIES AND UNITS DIRECTLY RECEIVING AND SETTLING ADMINISTRATIVE PROCEDURE

Article 12. Scope and responsibilities for publication of administrative procedures at the premises of agencies and units directly receiving dossiers and implementing the administrative procedure

The publication of administrative procedures at the premises of agencies or units directly receiving dossiers and implementing administrative procedures shall comply with Articles 16 and 17 of Decree No. 63/2010/ND-CP which has been amended and supplemented. It is specified as follows:

1. Agencies and units under ministries or ministerial-level agencies, and agencies directly under the Vietnam Social Security, the Vietnam Bank for Social Policies, and the Vietnam Development Bank that are tasked to directly receive and implement the administrative procedures for individuals and organizations shall be responsible for promptly and fully publicizing administrative procedures falling under their jurisdiction.

2. Agencies and units that are tasked to directly receive and implement administrative procedures in their localities must promptly and fully publicize administrative procedures falling under their jurisdiction.

3. Agencies and organizations authorized by State administrative agencies or competent persons to perform public services shall publicize all administrative procedures authorized to them.

Article 13. Responsibilities for guiding, monitoring, pushing, and inspecting the publication of administrative procedures at the premises of agencies or units directly receiving and settling administrative procedures.

1. Offices of ministries or ministerial-level agencies, bodies in charge of controlling standard operating protocols under the Vietnam Social Security, the Vietnam Bank for Social Policies, and the Vietnam Development Bank shall be responsible for guiding, monitoring, pushing, and inspecting the publication of administrative procedures at the premises of functional agencies and units under ministries, ministerial-level agencies, the Vietnam Social Security, the Vietnam Bank for Social Policies, and the Vietnam Development Bank.

2. Offices of provincial-level People's Committees shall be responsible for guiding, monitoring, pushing, and inspecting the publication of administrative procedures at the premises of the agencies and units that are tasked to directly receive and implement administrative procedures in the localities.

Article 14. Requirements for publication of administrative procedures at the premises of agencies and units directly receiving dossiers and implementing administrative procedures

1. Administrative procedures must be publicized in a timely manner on the effective date of the decision to announce them; invalid administrative procedures shall not be publicized.

2. Administrative procedures and their constituents, as specified in the decision to announce the administrative procedures and the data extracted from the National Database for administrative procedures announced under the decision to announce the list of administrative procedures, must be publicized accurately, expressly, and in full. Favorable conditions shall be created for organizations and individuals to access, learn and follow administrative procedures. Legitimate rights and interests of individuals and organizations shall be protected, and at the same time grounds and conditions shall be created for them to exercise the right to supervise the process of receiving dossiers and implementing administrative procedures by State officials and civil servants.

3. In the case where the administrative procedures to be publicized involve application and declaration forms, such forms must be attached right to such administrative procedures. Paper publications of administrative procedures must not be damaged, torn, or tarnished. In the case of electronic publication, the application and declaration forms must be available for individuals or organizations upon request.

Article 15. Ways of publicizing administrative procedures at the premises of agencies and units directly receiving dossiers and implementing administrative procedures

The publication of administrative procedures at the premises of agencies or units directly receiving dossiers and implementing administrative procedures is mandatory as specified in Article 17 of Decree No. 63/2010/ND-CP which has been amended and supplemented. The publication shall be pursuant to the decision to announce administrative procedures or based on the data extracted from the National Database, for administrative procedures announced under the decision to announce the list of administrative procedures. Administrative procedures shall be publicized uniformly in the following ways:

1. Administrative procedures can be publicized as paper copies posted on bulletin boards, including any or many types including wall-mounted boards, rotating boards, movable boards, etc. that are appropriate for the posting agency, or publicized electronically if so enabled by the facilities and technical conditions of the agencies carrying out administrative procedures.

2. The areas where the administrative procedures are posted must be appropriate and sizable to facilitate personal readability and accessibility. The space where the administrative procedures are placed must be large enough for readers to read, exchange, and take notes. The bulletin boards on which the administrative procedures are posted shall not be covered with glass, plastic film, or wire mesh, or locked away. If the administrative procedures are publicized electronically, users must be allowed to search for information on administrative procedures by themselves.

3. The things to be publicized include all administrative procedures in each field; and guidelines on the right to give and receive feedback and proposals.

4. Public administrative procedures shall be categorized by each field with the structure as follows:

a) Lists of field-specific administrative procedures must explicitly indicate the names of the administrative procedures and their respective reference numbers in the case where the administrative procedures are posted; or allow details of the administrative procedures to be displayed in the case where the administrative procedures are publicized electronically;

b) Details of each administrative procedure as specified at Point a, Clause 3, Article 6 of this Circular. In the case where the administrative procedures are posted, the details of each administrative procedure shall be formatted as the form provided in Appendix IV issued with this Circular and printed one-sided on at least A4-sized papers, enclosed with the application and declaration forms (if any); typed using Vietnamese Unicode (Times New Roman font) with the minimum font size of 14 as specified in Vietnam Standards TCVN 6009:2001.

5. In addition to the mandatory publication at the premises of the agencies or units directly receiving dossiers and implementing administrative procedures and onto the National Database on Administrative Procedures, ministries, ministerial-level agencies, the Vietnam Social Security, the Vietnam Development Bank, the Vietnam Bank for Social Policies, the provincial-level People's Committees and the functional agencies and units under the above agencies may publicize administrative procedures in other ways that align with the facilities and technical conditions, the average intellectual level, customs, culture, and daily lifestyle of the communities or organizations and individuals that comply with administrative procedures.

Article 16. Publication of guidelines for individuals and organizations to give feedback and proposals

1. The public guidelines for individuals and organizations to give feedback and proposals on administrative regulations shall make using the form in Section 4, Appendix IV issued with this Circular. The guidelines must be publicized separately, not enclosed with or obscured by the publicized administrative procedures. In the case where the guidelines are posted at the premises, they must be printed on at least A4-sized papers; typed in Vietnamese Unicode (Times New Roman font) with a minimum font size of 14 as specified in Vietnamese Standards TCVN 6009:2001.

2. Responsibility for implementing, guiding, monitoring, pushing, and inspecting the publication of guidelines for individuals and organizations to give feedback and proposals shall comply with Article 13 of this Circular.

Chapter IV

OPERATION AND EXPLOITATION OF THE NATIONAL DATABASE ON ADMINISTRATIVE PROCEDURES

Section 1. INPUTTING, UPLOADING, CONNECTING, AND INTEGRATING DATA ONTO THE NATIONAL DATABASE ON ADMINISTRATIVE PROCEDURES

Article 17. Responsibilities for inputting and uploading data on administrative procedures

1. Ministries, ministerial-level agencies, the Vietnam Social Security, the Vietnam Bank for Social Policies, the Vietnam Development Bank, and provincial-level People's Committees shall input and upload data on administrative procedures onto the National Database as well as connect and integrate data on administrative procedures on the National Database, specifically as follows:

a) Ministries and ministerial-level agencies shall input and publicly upload onto the National Database the data on administrative procedures within the ambit of their respective State governance that have been announced in accordance with the law; connect and integrate data on administrative procedures on the National Database in order to publicize them on web portals of the ministries or ministerial-level agencies.

Offices of ministries or ministerial-level agencies shall assist ministers and heads of ministerial-level agencies in inputting and publicly uploading data on administrative procedures onto the National Database in accordance with the regulations.

b) Provincial-level People's Committees shall input and publicly upload onto the National Database the data on administrative procedures which they are assigned to stipulate or detail in legal documents of all levels of administration in the provinces and municipalities; integrate data on administrative procedures as specified in the decisions to announce the lists of administrative procedures that fall under the jurisdiction of all levels of administration in the provinces or municipalities and have been publicly uploaded by ministries or ministerial-level agencies on the National Database; connect and integrate data on administrative procedures on the National Database in order to publicize them on web portals of the provincial-level People's Committees.

Offices of provincial-level People's Committees shall assist the respective provincial-level People's Committees in inputting and publicly uploading data on administrative procedures onto the National Database in accordance with the regulations.

c) The Vietnam Social Security, the Vietnam Bank for Social Policies, and the Vietnam Development Bank shall input and publicly upload onto the National Database the data on standard operating protocols that have been announced in accordance with Clause 3, Article 13 of Decree No. 63/2010/ND-CP that has been amended and supplemented.

The bodies in charge of controlling standard operating protocols under the Vietnam Social Security, the Vietnam Bank for Social Policies, and the Vietnam Development Bank shall assist the General Directors of such agencies in inputting and publicly uploading data on administrative procedures onto the National Database.

2. The deadlines for inputting and uploading data on administrative procedures onto the National Database shall comply with Article 24 of Decree No. 63/2010/ND-CP which has been amended and supplemented.

3. The Administrative Procedures Control Agency under the Government Office shall be responsible for pushing ministries, ministerial-level agencies, the Vietnam Social Security, the Vietnam Bank for Social Policies, the Vietnam Development Bank, and provincial-level People's Committees to input and publicly upload data on administrative procedures onto the National Database.

Article 18. The process of inputting and uploading data on administrative procedures

1. The process of inputting and uploading data on administrative procedures by ministries or ministerial-level agencies

The office of a ministry/ministerial-level agency shall assist the minister/head of the ministerial-level agency in inputting and uploading data on administrative procedures following the process below:

a) Log in to the National Database using the account provided by the Administrative Procedures Control Agency under the Government Office.

b) Input administrative procedures announced by the competent authority in accordance with the law onto the National Database and link to the respective legal documents published on the Electronic Official Gazette of the Socialist Republic of Vietnam (hereinafter referred to as the Electronic Official Gazette) or the National Database on Legal Documents.

c) Examine, audit, and compare the data on administrative procedures inputted into the National Database with the administrative procedures specified in the announcement decision to ensure the completeness and accuracy of the administrative procedures.

d) Publicly upload the data on administrative procedures already inputted into the National Database.

2. The process of inputting and uploading data on administrative procedures by provincial-level People's Committees

The office of a provincial-level People's Committee shall assist such provincial-level People's Committee in inputting and uploading data on administrative procedures following the process below:

a) Log in to the National Database using the account provided by the Administrative Procedures Control Agency under the Government Office.

b) Pursuant to the decision to announce administrative procedures, the office of the provincial-level People's Committee shall input the administrative procedures announced by the provincial-level People's Committee in accordance with the law into the National Database and input or link to data of legal documents published on the provincial-level Electronic Official Gazette or the National Database on Legal Documents.

Pursuant to the decision to announce the list of administrative procedures, the office of the provincial-level People's Committee shall check off the administrative procedures which have been publicly uploaded by ministries or ministerial-level agencies on the National Database and input additional information or correct the information about the turnaround time, location, fees, and charges in line with the respective decision to announce the list.

c) Examine, audit, and compare the data on administrative procedures inputted into the National Database with the administrative procedures specified in the decision to announce administrative procedures or the decision to announce the list of administrative procedures to ensure the completeness and accuracy of the administrative procedures.

d) Publicly upload the data on administrative procedures already inputted into the National Database.

3. The process of inputting and uploading data on administrative procedures by the Vietnam Social Security, the Vietnam Bank for Social Policies, and the Vietnam Development Bank

The body in charge of controlling standard operating protocols under the Vietnam Social Security, the Vietnam Bank for Social Policies, or the Vietnam Development Bank shall assist the General Director of the respective agency in inputting and uploading data on administrative procedures onto the National Database following the process below:

a) Log in to the National Database using the account provided by the Administrative Procedures Control Agency under the Government Office.

b) Input onto the National Database the administrative procedures falling under their jurisdiction as specified in Clause 3, Article 13 of Decree No. 63/2010/ND-CP and link to the respective relevant legal documents published on the Electronic Official Gazette or the National Database on Legal Documents or input documents guiding standard operating protocols of the respective agency.

c) Examine, audit, and compare the data on administrative procedures inputted into the National Database with the administrative procedures specified in the announcement decision to ensure the completeness and accuracy of the administrative procedures.

d) Publicly upload the data on administrative procedures already inputted into the National Database.

Article 19. Connection and integration of data on administrative procedures on the National Database with the web portals of ministries, ministerial-level agencies, and provincial-level People's Committees

Data on administrative procedures shall be connected and integrated to be publicized on the web portal of a ministry/ministerial-level agency/provincial-level People's Committee following the process below:

1. Choose a solution to connect and integrate data on administrative procedures on the National Database with the web portal of the ministry/ministerial-level agency/provincial-level People's Committee that aligns with the current technological conditions of such ministry/ministerial-level agency/provincial-level People's Committee and solutions provided by the Government Office on the basis of the Vietnam E-Government Architecture Framework.

2. Connect and integrate to publicize administrative procedures on the web portal of the ministry/ministerial-level agency/provincial-level People's Committee.

3. Regularly check to ensure the connection between the National Database and the web portal of the ministry/ministerial-level agency/provincial-level People's Committee.

Article 20. Auditing and evaluation of the quality of data on administrative procedures on the National Database

1. Data on administrative procedures on the National Database shall be audited and evaluated for its quality with respect to the following:

a) The completeness in terms of quantity and content of the data on administrative procedures that have been publicized on the National Database compared to those specified in the respective announcement decisions and legal documents and required in Clause 2, Article 8 of Decree No. 63/2010/ND-CP that has been amended and supplemented.

b) The accuracy of the content of data on administrative procedures that have been publicized on the National Database compared with those specified in the respective announcement decisions and legal documents.

c) The promptness for publicizing and publicly uploading administrative procedures, by comparison with the deadlines specified in Articles 15 and 24 of Decree No. 63/2010/ND-CP which has been amended and supplemented.

2. Responsibilities for auditing and evaluating the quality of data on administrative procedures on the National Database

a) The Administrative Procedures Control Agency shall assist the Minister-Chairperson of the Government Office in auditing and evaluating the quality of data on administrative procedures that have been publicly uploaded on the National Database by ministries, ministerial-level agencies, the Vietnam Social Security, the Vietnam Bank for Social Policies, the Vietnam Development Bank, and provincial-level People's Committees.

In the case where the data on administrative procedures uploaded on the National Database does not satisfy the requirements specified in Clause 1 of this Article, the ministries, ministerial-level agencies, the Vietnam Social Security, the Vietnam Bank for Social Policies Association, the Vietnam Development Bank and provincial-level People's Committees shall be responsible for adjusting, amending, supplementing and completing such data within a maximum time limit of 10 working days from the date on which they receive the written requests from the Government Office. The results of the audit and evaluation of the quality of data on administrative procedures shall be published on the National Public Service Portal and summarized in a report sent to the Prime Minister.

b) Offices of ministries and ministerial-level agencies, and offices of provincial-level People's Committees shall assist ministers and heads of ministerial-level agencies, and chairpersons of provincial-level People's Committees in auditing data on administrative procedures that have been publicly uploaded on the National Database by the respective ministries, ministerial-level agencies, and provincial-level People's Committees.

Section 2. EXPLOITATION OF DATA ON ADMINISTRATIVE PROCEDURES ON THE NATIONAL DATABASE

Article 21. Powers and responsibilities of agencies and organizations that receive and implement administrative procedures, with respect to the exploitation and use of data on administrative procedures on the National Database

1. To exploit and use the data on administrative procedures uploaded on the National Database for publicizing such administrative procedures at the premises of agencies or units receiving dossiers and implementing administrative procedures within the ambit of their assigned functions and jurisdiction.

2. To receive and process dossiers of individuals and organizations if they fully satisfy the requirements for dossiers, application forms, and administrative declaration forms of the administrative procedures uploaded on the National Database; not to establish any administrative procedures other than those already uploaded on the National Database.

3. When detecting that the administrative procedures have taken effect but not yet announced and publicized, or they have been announced and publicized but are not accurate or complete as specified, or they have expired or been canceled or annulled but still uploaded publicly, or the necessity, reasonableness, and legality thereof are not ensured, the agencies and organizations implementing administrative procedures shall be responsible for notifying and sending feedback to the offices of ministries and ministerial-level agencies, the Vietnam Social Security, the Vietnam Bank for Social Policies, the Vietnam Development Bank; the offices of the provincial-level People's Committees or the Administrative Procedures Control Agency under the Government Office for timely resolution of such problems.

Article 22. Rights of individuals and organizations that exploit and use data on administrative procedures on the National Database

1. To exploit and use data on administrative procedures uploaded on the National Database for carrying out administrative procedures in accordance with the law.

2. To follow administrative procedures specified by the law or publicly uploaded on the National Database.

3. To give their feedback and proposals to the offices of ministries or ministerial-level agencies, the Vietnam Social Security, the Vietnam Bank for Social Policies, the Vietnam Development Bank; the Office of the provincial-level People's Committee or the Administrative Procedures Control Agency under the Government Office regarding the following problems:

a) The administrative procedures have taken effect but have not been uploaded on the National Database, or they have been uploaded but are not complete and accurate as specified.

b) The administrative procedures have expired or been annulled, but are still publicly uploaded on the National Database.

c) The administrative procedures publicly uploaded on the National Database are inconsistent with those publicized at the places where administrative procedures are meant to be implemented.

d) The administrative procedures that have been actually implemented are inconsistent with those publicized at the places where administrative procedures are meant to be implemented and those uploaded on the National Database.

dd) The administrative procedures give rise to difficulties, obstacles, inadequacies, and hindrances to the production and operations of enterprises and the lives of citizens.

Chapter V

REVIEW AND EVALUATION OF ADMINISTRATIVE PROCEDURES

Article 23. Responsibilities of agencies for reviewing and evaluating administrative procedures

1. On an annual basis or under the instructions of competent authorities, the bodies in charge of controlling administrative procedures under ministries, ministerial-level agencies, and provincial-level People's Committees shall assume the prime responsibility for formulating plans to review and evaluate administrative procedures within the ambit of their management and jurisdiction and submit them to the ministers, heads of ministerial-level agencies, and chairpersons of the provincial-level People's Committees for approval; guiding, inspecting and pushing the review and evaluation of administrative procedures under the approved plans.

In the cases specified in Clause 4, Article 30 of Decree No. 63/2010/ND-CP that has been amended and supplemented, the Government Office shall develop a Review Masterplan and submit it to the Prime Minister for approval; guiding, inspecting, and pushing the review of administrative procedures under the approved Masterplan.

During the implementation of administrative procedures, if they detect administrative procedures, groups of administrative procedures, or administrative regulations, which are not included in the plans but give rise to obstacles, inadequacies, and hindrances to the production and operations of enterprises and the lives of citizens, the agencies or units in charge of controlling administrative procedures shall promptly submit proposals to competent authorities or persons so that they can consider and decide on the review and evaluation.

2. Based on the plans for review and evaluation of administrative procedures, the agencies assigned to review and evaluate related administrative procedures, groups of administrative procedures, or administrative regulations shall pay due attention to reviewing and evaluating such administrative procedures according to the requirements on the objectives and progress of such plans; then summarize results of the review and draft decisions to approve the schemes for simplifying and reforming administrative procedures and submit them to competent authorities for approval.

3. The bodies in charge of controlling administrative procedures under ministries, ministerial-level agencies, and provincial-level People's Committees shall consider and evaluate the quality of the review according to the following criteria: the use of review and evaluation forms, and compliance cost spreadsheets; the quality of the schemes for simplifying and reforming administrative procedures; the percentage of administrative procedures and compliance costs reduced compared to the objectives set forth in the plans.

4. Agencies and units specified in Clause 3, Article 13 of Decree No. 63/2010/ND-CP (amended and supplemented) shall review and evaluate standard operating protocols for individuals and organizations specified in Decree No. 63/2010/ND-CP that has been amended and supplemented and this Circular.

Article 24. The process of reviewing and evaluating administrative procedures

A responsible agency shall review and evaluate administrative procedures following the steps below:

1. Make a plan to review and evaluate the administrative procedures

a) The plan to review and evaluate the administrative procedures shall contain the following information: Names of the related administrative procedures, groups of administrative procedures, or administrative regulations to be reviewed; the reviewer; the date of review; the grounds for review; the clear determination of specific quantitative targets of the percentage of administrative procedures and compliance costs to be reduced.

b) The plan to review and evaluate administrative procedures shall be made using the form provided in Appendix V issued with this Circular.

2. Review and evaluate the administrative procedures

Under the aforementioned plan, it may review and evaluate the administrative procedures in the following ways:

a) Review and evaluate administrative procedures one by one

The review and evaluation of each specific administrative procedure shall comply with Article 25 of this Circular.

b) Review and evaluate administrative procedures in groups

Administrative procedures shall be reviewed and evaluated in groups of the same subject matter or of those that are interrelated in the process of settling a specific request of an individual or organization.

The review and evaluation of administrative procedures in groups shall comply with Article 26 of this Circular.

c) Review and evaluate administrative procedures by topic

The review and evaluation of administrative procedures by topic shall comply with Article 28 of this Circular.

d) The agency tasked to review and evaluate administrative procedures, or the office of the ministry/ministerial-level agency, or the office of the provincial-level People's Committee shall collect opinions from affected parties and other concerned organizations and individuals (if necessary) during the review and evaluation as well as the process of commenting thereon and summarizing results thereof. Opinions from stakeholders can be collected by organizing seminars, conferences, consultations, or administering opinion collection forms.

3. Summarize the review and evaluation results

a) The agency assigned to review and evaluate administrative procedures shall summarize the review and evaluation results, including the content of the schemes for simplifying administrative procedures and the initiatives to reform administrative procedures; reasons; costs reduced due to such simplification; proposals for implementation.

b) The agency assigned to review and evaluate administrative procedures shall send the review and evaluation results and the forms thereof; the diagram of groups of administrative procedures before and after the review (for the case of review in groups); absorbed comments on and explanations of the schemes for simplifying and reforming administrative procedures in the field of review proposed by the provincial-level People's Committee (if any, for the review under the plan of the ministry/ministerial-level agency) that have been approved by the head of the body in charge of controlling administrative procedures under the ministry/ministerial-level agency/provincial-level People's Committee for consideration and quality assessment.

c) Based on the assessments of the body in charge of controlling administrative procedures, the agency assigned to review and evaluate the administrative procedures shall finalize the review and evaluation results and draft the decision to approve the scheme for simplifying and initiatives to reform the administrative procedures in each field or those they assigned to review and evaluate, using the form provided in Appendix VI issued together with this Circular, and submit it to minister/head of the ministerial-level agency, or the chairperson of the provincial-level People's Committee, for approval.

d) For administrative procedures falling within the jurisdiction of the Government or the Prime Minister, the summary of the schemes for simplifying the administrative procedures shall comply with Article 31 of Decree No. 63/2010/ND-CPND-CP that has been amended and supplemented.

4. Submit the review and evaluation results

a) Results of the review and assessment under the annual review plan

Send the report on the results of the review and evaluation of administrative procedures by the provincial-level People's Committee, enclosed with the approved scheme for simplifying administrative procedures, to the ministry/ministerial-level agency for consideration and progress within the ambit of its management and jurisdiction before September 15 every year. When receiving the report enclosed with the approved scheme for simplifying administrative procedures from the provincial-level People's Committee, the ministry/ministerial-level agency shall consider, evaluate and give feedback on the results of the local review and evaluation; summarize the scheme for simplifying administrative procedures and submit it to the minister/head of the ministerial-level agency for approval, thereby amending, supplementing, replacing, canceling or annulling administrative procedures falling under its jurisdiction or submit proposals to the competent authorities as specified in the regulations.

Summarize the scheme for simplifying administrative procedures and relevant regulations of the ministry/ministerial-level agency falling under the jurisdiction of the Government and the Prime Minister, and send it to the Government Office for consideration and assessment before October 15 every year.

b) The results of the review and assessment of administrative procedures by the ministry/ministerial-level agency/provincial-level People's Committee under the Review Masterplan shall be sent to the competent authorities within the time limit set forth in the Masterplan.

Article 25. On-by-one review and evaluation of administrative procedures

1. Review and evaluate the necessity of the administrative procedure and regulations related to such administrative procedure

An administrative procedure satisfies the necessary criteria when such administrative procedure is the optimal one among the measures that can be taken to ensure the State governance requirements or the legitimate rights, obligations, and interests of individuals and organizations. After reviewing and assessing the necessity of the administrative procedure and regulations related to it, the agency in charge of the review and evaluation shall explicitly determine the following:

a) The satisfactoriness of administrative procedures if the State governance objectives and the legitimate rights, obligations, and interests of individuals and organizations remain unchanged.

b) The satisfactoriness of administrative procedures if the State governance objectives and the legitimate rights, obligations, and interests of individuals and organizations are changed.

c) The solution expected to be selected when the State governance objectives and the legitimate rights, obligations, and interests of individuals and organizations are not fulfilled.

2. Review and evaluate the reasonableness of the administrative procedure

The reasonableness of an administrative procedure shall be assessed according to the following criteria:

a) Name of the administrative procedure

The name of the administrative procedure must be expressed in an explicit, specific, succinct manner; used accurately and consistently in all legal documents specifying such administrative procedure.

The name of an administrative procedure shall contain Words or phrases indicating actions of the State agency/individual/organization combined with the name of the administrative procedure’s result and associated with each specific subject matter or field (if any) or combined with phrases indicating things or events that the State agency wants to manage or the individual/organization wishes to achieve.

b) Sequence in which the administrative procedure is carried out

The sequence in which the administrative procedure is carried out shall be explicitly defined with specific steps. The responsibilities and jobs of State agencies, individuals, and organizations involved in the steps shall also be explicitly defined. At the same time, the steps must be arranged appropriately in order of time, process, and jurisdiction; the inter-agency mechanism shall be optimized; several or all of the steps shall be simultaneously carried out on the information technology application.

c) Way to implement the administrative procedure

The way to implement administrative procedure shall be stipulated explicitly and specifically; align with the conditions of the agency implementing such administrative procedure and create the most favorable conditions for individuals and organizations at the lowest cost.

d) Dossier

The regulations on the dossier of application for initiating the administrative procedure shall specify explicitly the name, specifications, and quantity of each component of the dossier and the number of dossiers. The composition of the dossier and the quantity of each component of the dossier must be really necessary for the implementation of the administrative procedure, satisfy the standards and conditions specified by the law, and ensure State governance objectives. The composition of the dossier for one administrative procedure shall not be identical to that of another administrative procedure whose implementation results constitute the component of the administrative procedure being reviewed. Documents and dossiers that have been stored by the agency in charge of receiving dossiers or implementing the procedures, or connected and shared among agencies and organizations as specified by the law shall not be provided. The specifications of the dossier’s components shall be diverse and feasible for the sake of individuals and organizations.

dd) Time limit for implementing the administrative procedure

The time limit for implementing the administrative procedure shall be specified explicitly; be time-saving for individuals and organizations and align with the abilities of the agency carrying out the administrative procedure.

In the case where one administrative procedure is implemented by various competent authorities, the time limit for each authority to settle and the time limit for transferring dossiers among the authorities shall be explicitly and fully specified.

e) Those who comply with the administrative procedure

Those who comply with the administrative procedure shall be explicitly and specifically defined in order to ensure fairness among individuals, among organizations, between an individual and an organization, among sectors and fields, among regions, between the domestic domain and the foreign domain, as well as include as many compliant beneficiaries as possible.

g) Agency in charge of implementing the administrative procedure

The agency in charge of implementing administrative procedures shall be specified with its respective State governance over the administrative level or the administrative division as specified by the law, which must be convenient for the compliant individuals and organizations to contact in order to implement their administrative procedures. Solutions of decentralization or authorization to lower-level or local administrative agencies to implement administrative procedures shall be optimized.

In the case where an administrative procedure is received and implemented by many agencies and at many levels, the responsibilities of each agency or each level, of the primarily responsible agency and the coordinating agencies shall be explicitly specified. The inter-agency mechanism in implementing administrative procedures shall be optimized.

h) Fees and charges

Fees, charges, and other payments (if any) shall be explicitly specified, which shall basically cover costs as service-related expenses for State authorities to carry out the administrative procedure for individuals and organizations. Most of the unnecessary costs of individuals and organizations shall be cut. The characteristics of each region, each organization/individual that complies with the administrative procedure, and each field related thereto as well as the international practices shall be taken into account upon calculation thereof.

i) Application and declaration forms

If the administrative procedures so require, applications or declarations must be modeled.

An application or declaration form is deemed reasonable when each piece of information contained in such form is explicit, concise, and essential for the implementation of the administrative procedure and increases the accountability of individuals and organizations for the contents of the application or declaration.

In the case where the application or declaration needs to be certified by a competent authority or person, such competent agency or person and the certification shall be explicitly specified.

k) Requirements and conditions

Requirements and conditions of the administrative procedure shall be specified explicitly and must be necessary for State governance and align with the ability of individuals and organizations to satisfy; ensure fairness among individuals, among organizations, between an individual and an organization, among sectors and fields, among regions, between the domestic domain and the foreign domain. The responsibilities for proving requirements and conditions shall be explicitly defined. The requirements and conditions of one administrative procedure shall not be identical to these of another administrative procedure whose results constitute the component of the administrative procedure being reviewed.

l) Results of the administrative procedure

The form, validity period, and validity conditions (if any) of the results of the administrative procedure shall be explicitly and conveniently specified to align with State governance requirements, the legitimate rights, obligations, and interests of individuals and organizations, and the reality.

3. Review and evaluate the legality of the administrative procedure

The legality of an administrative procedure shall be assessed according to the following criteria:

a) The administrative procedure is established under the proper jurisdiction as specified in Clause 1, Article 8 of Decree No. 63/2010/ND-CP that has been amended and supplemented;

b) Regulations on the administrative procedure are consistent in the same document and not contrary to predominant legal documents and treaties to which Vietnam is a contracting party.

4. Calculate compliance costs for the administrative procedure as guided in Article 27 of this Circular.

5. The agency in charge of the review and evaluation shall use the forms for review and evaluation of administrative procedures and follow the instructions in Appendix VII issued with this Circular to review and assess the necessity, reasonableness, and legality of the administrative procedures, and the compliance costs.

Article 26. Review and evaluation of administrative procedures in groups

When reviewing and evaluating administrative procedures in groups, the agency in charge of the review and evaluation shall follow the instructions in Appendix VIII issued with this Circular to perform the following tasks:

1. Make a diagram of the groups of the administrative procedures

a) Gather all legal documents containing regulations on the administrative procedures within the subject matter and scope of the review.

b) Collect statistics about the administrative procedures

Based on the legal documents it has gathered, it shall determine the specific administrative procedures belonging to the groups within the subject matter and scope of the review. At the same time, make statistics to describe the constituents of the administrative procedures that have not been announced. Regarding the administrative procedures that have been announced, if the announced information is not accurate compared with the regulations in the respective legal document, the review shall be based on the regulation of such legal document.

c) Make an overview diagram

The overview diagram must show the relations between the procedures in a group that the organizations and individuals complying with administrative procedures must follow from the beginning until they obtain the results thereof. At the same time, the overview diagram must show the interaction among different administrative agencies while implementing the administrative procedures.

d) Make a detailed diagram

The detailed diagram must show the correlation between the constituents of each administrative procedure in the group of administrative procedures.

dd) The agencies assigned to review and evaluate the administrative procedures (including the primarily responsible agency and the coordinating agencies) must make the group diagram for the review. In the case where a group of administrative procedures involving many different agencies, it is necessary to ensure close coordination between the primarily responsible agency and the coordinating agencies to ensure the quality of the review and to achieve the set objectives.

2. Review and evaluate the administrative procedures

In addition to being reviewed and evaluated one by one as specified in Article 25 of this Circular, the administrative procedures in a group of administrative procedures must be considered and evaluated according to the following criteria:

a) Evaluate the necessity of an administrative procedure in relation to other administrative procedures in the same group

Based on the overview diagram, the agency shall review and evaluate the necessity of the administrative procedures in the group, of which the attention shall be paid to management objectives and influence of the group of procedures; thereby detecting unreasonable points and administrative procedures that are not really necessary because they are identical or have been managed by administrative procedures at the previous or next stage and then proposing the scheme to simplifying them.

b) Evaluate the identicality and inheritance of the results of the steps in the detailed diagram

Based on the detailed diagram, the agency in charge of the review and evaluation shall compare and contrast the constituents of administrative procedures through each step of the diagram to evaluate the administrative procedures that are identical or controlled in the previous stages so as to provide solutions to eliminate them or inherit and recognize the results of the previous stages in the process, or to share information among State authorities to reduce compliance costs of individuals and organizations.

c) Evaluate the impact of the implementation of each administrative procedure on the final results of the group to assess the necessity of each administrative procedure in the group; at the same time, evaluate the reasonableness of the turnaround time, the implementing agency, the manner, and sequence of implementing administrative procedures in the group in order to propose the scheme for simplifying them.

Article 27. Calculation of compliance costs for administrative procedures

1. The compliance costs for administrative procedures shall be calculated following the process below:

a) Calculate the compliance costs for the current administrative procedures.

b) Calculate the compliance costs for the simplified administrative procedures.

Compliance costs for the simplified administrative procedures shall be based on the compliance costs for the current administrative procedures after being adjusted to exclude the costs for the reduced contents as proposed in the scheme for simplifying administrative procedures.

c) Cost-benefit analysis

The benefit in terms of costs after the administrative procedures are simplified means the difference between the compliance costs for the current administrative procedures and the compliance costs for the simplified administrative procedures.

2. Principles for calculating compliance costs

a) Select low-average data in case of disparate data sources.

b) Exclude the opportunity costs.

3. Formulas to calculate compliance costs for administrative procedures

a) Formula for calculating the compliance cost for an administrative procedure

b) Formula for calculating the total compliance cost for an administrative procedure in one year

4. Determination of specific types of expenses to calculate compliance costs.

a) Determination of the expense for performing each task

Where:

- Average travel time is one (01) hour/one (01) trip; the average time for preparing applications and declarations using the specified forms is one (01) hour/one (01) page; the time for preparing other documents is calculated on the actual time taken to complete the respective documents.

Depending on the locality and the range, the time for travel and preparation of applications and declarations shall be determined according to the following respective norms:

- Average hourly income of 01 (one) person shall be calculated by the following formula:

- Cost of consultancy and services shall be calculated on to the current prices specified in the regulations of the State. In the case where such regulations are not available, the actual prices will be taken into account.

b) Determination of fees and charges levied on the administrative procedure

Fees, charges, and other expenses (if any) shall comply with the regulations of competent authorities on fees and charges for implementing administrative procedures.

c) Determination of the number of times when the administrative procedure is implemented in a year

The number of times when an administrative procedure is implemented in a year shall be determined in accordance with the regulations on such administrative procedure.

d) Determination of the number of organizations and individuals complying with the administrative procedure in a year

The number of organizations and individuals complying with an administrative procedure in a year shall be determined based on the forecast or statistics of the total number of individuals and organizations complying with such administrative procedure.

5. An administrative procedure is cost-appropriate when the total compliance cost of such administrative procedure in a year is the lowest. The total compliance cost of an administrative procedure in a year is lowest when:

a) The compliance cost for such administrative procedure is the lowest;

b) The number of times when such administrative procedure is implemented in a year as specified is lowest;

c) The number of compliant beneficiaries is the largest.

6. The agency in charge of the review and evaluation shall use the forms for the calculation of compliance costs and follow the instructions for calculation of compliance costs in Appendix IX issued with this Circular to calculate the compliance costs for administrative procedures.

Article 28. Review and evaluation of the administrative procedures by topic

1. Review and evaluation of administrative procedures by topic means the review and evaluation of administrative procedures under the same topic or within the same group of issues to be reviewed and evaluated under the direction of the Government or the Prime Minister, or the decision of a minister/head of a ministerial-level agency, or a chairperson of a provincial-level People's Committee.

2. Depending on the issues to be reviewed and evaluated and the ways of review and evaluation specified in Articles 25 and 26 of this Circular, the Government Office shall guide on how to review and evaluate administrative procedures by topic under the direction of the Government or the Prime Minister; and the offices of ministries and ministerial-level agencies, and offices of provincial-level People's Committees shall guide on how to review and evaluate administrative procedures by topic under the direction of ministers, heads of ministerial-level agencies, and chairpersons of provincial-level People's Committees.

Particularly, the compatibility of administrative procedures and regulations related thereto with online public services shall be reviewed and evaluated following the instructions in Appendix X issued together with this Circular.

Chapter VI

OPERATION AND EXPLOITATION OF INFORMATION SYSTEM FOR RECEIVING AND PROCESSING FEEDBACK AND PROPOSALS

Article 29. Process of receiving, classifying and referring feedback and proposals on administrative regulations on the Information System for receiving and processing feedback and proposals

1. Receipt of feedback and proposals

Ministries, branches and localities shall receive feedbacks and proposals from citizens and enterprises, send them to the Information System for receiving and processing feedback and proposals (hereinafter referred to as the Information System); fully update feedback and proposals sent in writing, by phone, by fax, or by email into the Information System for handling in accordance with the law provisions.

2. Evaluation and classification of feedback and proposals:

a) With regard to the feedback and proposals that fail to satisfy the contents and requirements specified in Articles 5 and 7 of the Government’s Decree No. 20/2008/ND-CP dated February 14, 2008, on receipt and processing of feedback and proposals of individuals and organizations on administrative regulations (which has been amended and supplemented), within 02 working days from the date on which such feedback and proposals are received, ministries, branches and localities shall notify citizens and enterprises on the Information System of the refusal and clearly state the reasons.

b) With regard to the feedback and proposals that fail to clearly state the contents specified in Article 5 of Decree No. 20/2008/ND-CP, which has been amended and supplemented, within 05 working days from the date on which such feedback and proposals are received, ministries, branches and localities shall notify citizens and enterprises on the Information System and request them to supplement and clarify the unclear contents included in their feedback and proposals.

c) With regard to the feedback and proposals that satisfy the contents and requirements specified in Articles 5 and 7 of Decree No. 20/2008/ND-CP, which has been amended and supplemented, but are beyond their decision-making authority and management, within 05 working days from the date on which such feedback and proposals are received, ministries, branches and localities shall refer the feedback and proposals to state administrative agencies and competent persons for processing in accordance with the law provisions.

d) With regard to the feedback and proposals that satisfy the contents and requirements specified in Articles 5 and 7 of Decree No. 20/2008/ND-CP, which has been amended and supplemented, and fall under their decision-making authority and management, ministries, branches and localities shall receive and process such feedback and proposals in accordance with the law provisions.

With regard to the feedback and proposals that fall under the decision-making authority of the Government or the Prime Minister or under the jurisdiction of two or more different state administrative agencies but these agencies fail to agree on the processing plan, or has been responded by ministries, branches and localities, but citizens and enterprises do not agree and continue to send other feedback and proposals, the Government Office shall receive the feedback and proposals, assume the prime responsibility for, and coordinate with relevant ministries, branches, localities and organizations in, researching and proposing the Government and the Prime Minister for consideration, decision and response in accordance with the law provisions.

Article 30. Responsibilities of agencies in charge of receiving feedback and proposals

1. Arranging cadres, civil servants and public employees to receive and respond to feedback and proposals; classifying and referring feedback and proposals to affiliated agencies and units or referring them to state administrative agencies or persons competent to process and respond.

2. Organizing the reception of feedback and proposals in accordance with the prescribed process.

Article 31. Responsibilities of cadres, civil servants and public employees in charge of receiving feedback and proposals

1. Guiding citizens and enterprises to access the Information System to submit feedback and proposals, and look up the processing situation and results of responses to such feedback and proposals.

2. Contacting and guiding citizens and enterprises to update and fully supplement contents related to feedback and proposals in the case where the feedback and proposals of citizens and enterprises contain unclear contents or lack necessary contents, or where it is necessary to verify and clarify relevant information.

3. Strictly complying with the procedures and time limit for receiving, classifying and processing, updating and posting the results of processing feedback and proposals.

Article 32. Procedures for processing feedback and proposals on administrative regulations on the Information System

1. Based on the feedback and proposals referred by the Government Office, ministries, branches and localities through the Information System, the state administrative agencies shall be responsible for studying and processing or coordinating in processing such feedback and proposals according to the procedures specified in Article 14 of Decree No. 20/2008/ND-CP that has been amended and supplemented.

2. In the case where the feedback and proposals concern various ministries, branches or localities, the recipient shall be responsible for identifying relevant agencies to coordinate in processing.

Article 33. Response to feedback and proposals of citizens and enterprises

1. The time limit for processing and responding to feedback and proposals is 20 days from the receipt of feedback and proposals. In the case where the processing of such feedback and proposals has not yet finished within this time limit, every 07 days, ministries, branches and localities shall update the processing situation into the Information System to inform citizens and enterprises.

2. With regard to feedback and proposals that have processing results, within 02 working days, ministries, branches and localities shall update the results into the Information System to respond to citizens and enterprises.

3. In the case where the feedback and proposals contain contents related to the protection of state secrets or there is information under the protection of state secrets during the course of processing, the response procedures must be carried out and managed in a confidential manner, and information shall not be updated on the Information System.

Article 34. Publication of results of responses to feedback and proposals

The Government Office and state administrative agencies assigned to process and respond to the feedback and proposals of citizens and enterprises shall be responsible for updating and publicly posting the response results on the Information System in the forms specified in Article 19 of Decree No. 20/2008/ND-CP that has been amended and supplemented.

Article 35. Rights and responsibilities of individuals and organizations sending feedback and proposals

In addition to the rights and responsibilities specified in Article 12 of Decree No. 20/2008/ND-CP that has been amended and supplemented, individuals and organizations shall have the following rights and responsibilities:

1. Accessing the Information System to send feedback and proposals on administrative regulations to the state administrative agencies.

2. Being notified by the state administrative agencies that have received their feedback and proposals about the situation and results of processing such feedback and proposals via email or messaging service.

3. Protecting information on codes for receiving feedback and proposals to look up information on the situation and results of processing such feedback and proposals.

4. Providing complete information in dossiers or supplementing dossiers at the request of agencies receiving and processing feedback and proposals; not uploading attachments with malicious codes or viruses to the Information System.

Chapter VII

INSPECTION OF CONTROL OF ADMINISTRATIVE PROCEDURES

Section 1. FORMS, COMPETENCE AND RESPONSIBILITIES FOR INSPECTION

Article 36. Inspection forms

1. Periodic inspection means an inspection according to an annual regular plan approved by a competent inspection agency or person.

2. Ad-hoc inspection means an inspection at the request of a competent agency or person.

Article 37. Inspection competence

1. The Minister-Chairman of the Government Office shall inspect the control of administrative procedures of ministries, branches and localities nationwide.

2. Ministers and heads of agencies shall inspect the control of administrative procedures in departments, general departments, units under ministries and agencies.

3. Provincial-level People's Committees shall inspect the control of administrative procedures at provincial-level departments, agencies and branches, People's Committees of districts, towns and provincial-level cities, and People's Committees of communes, wards and townships under their management.

Article 38. Inspection methods

The inspection shall be carried out according to the two methods as follows:

1. Direct inspection means that the inspection team works directly with inspected organizations and individuals.

2. Indirect inspection means that the inspection team studies reports, documents and papers of inspected organizations and individuals.

Article 39. Organization of inspection

1. The Administrative Procedures Control Agency under the Government Office shall advise and assist the Minister-Chairman of the Government Office in organizing the inspection of administrative procedure control activities of ministries, branches and localities nationwide, including the following tasks:

a) Formulating draft plans and contents of periodical inspection;

b) Formulating draft decisions on establishment of the inspection team;

c) Proposing post-inspection handling measures (if any);

d) Making reports on inspection situation and results;

dd) Other tasks at the request of competent agencies or persons.

2. The offices of ministries and ministerial-level agencies shall assume the responsibilities to advise and assist ministers and heads of ministerial-level agencies in inspecting the control of administrative procedures by departments, general departments, and units under ministries and agencies, including the contents specified in Clause 1 of this Article.

3. The offices of provincial-level People's Committees shall assume the responsibilities to advise and assist the provincial-level People's Committees in inspecting the control of administrative procedures by provincial-level departments, agencies and People's Committees of districts, towns, provincial-level cities and People's Committees of communes, wards and townships under their management, including the contents specified in Clause 1 of this Article.

Article 40. Tasks and powers of the inspection team

1. Tasks of the inspection team:

a) Formulating a specific inspection program based on information, records and documents on control activities of administrative procedures of inspected organizations and individuals;

b) Conducting the inspection according to the approved plan or at the request of competent agencies or persons;

c) Collecting and using information, records and documents provided by inspected organizations or individuals to serve the examination;

d) Promptly reporting the inspection results to agencies or persons competent to inspect for promulgating and notifying inspection conclusions to relevant organizations and individuals for implementation;

dd) Making and keeping records and documents for examination.

2. Powers of the inspection team:

a) Inspecting according to the contents of the decision on establishment of the inspection team and the approved plan;

b) Requesting inspected organizations and individuals to provide timely, complete and accurate information, dossiers and documents related to inspection contents; making explanatory report on issues related to inspection contents;

c) Requesting or suggesting that competent agencies shall direct inspected organizations or individuals to overcome limitations and shortcomings in the control of administrative procedures; processing according to their competence or requesting competent agencies and people to handle cases where cadres, civil servants and public employees violate regulations in the control of administrative procedures;

d) Based on specific conditions and inspection contents, the inspection team shall report to competent persons to invite a number of other agencies, units and news agencies and press to appoint cadres to participate in the inspection.

Article 41. Tasks and powers of inspected organizations and individuals

1. Tasks of inspected organizations and individuals:

a) Closely coordinating with the inspection team during the inspection, sending reports on the results of administrative procedure control activities to the inspection team no later than 05 (five) working days after the inspection team has conducted their inspection (except for ad-hoc inspection);

b) Reporting truthfully, providing timely, complete and accurate information and documents related to inspection contents and taking responsibility before law for the truthfulness and accuracy of provided information and documents;

c) Receiving and implementing proposals, requests and conclusions of the inspection team or competent agencies or persons;

d) Reporting on the situation and results of the conclusion of the inspection team or competent agencies or persons as specified in Article 57 of this Circular.

2. Powers of inspected organizations and individuals:

a) Giving explanations to clarify relevant contents to the inspection team;

b) Having the right to refuse to provide information and documents unrelated to the inspection contents;

c) Being fully and accurately informed of the contents of the inspection plan and inspection conclusion, and requesting to correct, modify or supplement the contents of the inspection conclusion if they are misleading, inaccurate or incomplete.

Section 2. INSPECTION PROCESS

Article 42. Development and notification of inspection plans

1. Based on the annual plan on implementation of administrative procedure control, the Administrative Procedures Control Agency shall draft the Inspection Plan, submit it to the Minister-Chairman of the Government Office for approval before January 15, and send it to ministries, agencies and provincial-level People's Committees within 05 (five) working days from the date of approval; based on the Government Office's inspection plan, the offices of ministries, agencies, and provincial-level People's Committees shall draft their inspection plan and submit it to the competent agencies or persons specified in Clauses 2 and 3, Article 37 of this Circular for approval before February 15 of the plan year. An inspection plan shall include the following principle contents:

a) Purpose, requirements and scope of inspection;

b) Inspection contents and methods;

c) Composition of the inspection team;

d) Participants in the inspection process;

dd) Inspection time;

e) List of inspected organizations and individuals;

g) Responsibilities of inspected organizations and individuals; responsibilities of inspecting agencies or units; responsibilities of coordinating agencies and units.

h) Funds.

2. Within 10 (ten) working days from the date on which an inspection plan is approved, ministries, agencies and provincial-level People's Committees must be sent it to the Government Office and inspected organizations and individuals for monitoring, coordination and implementation.

3. In cases of changes compared with the approved plan, the Administrative Procedures Control Agency, offices of ministries, agencies, and provincial-level People's Committees shall report it to the competent agencies or persons specified in Article 37 of this Circular to consider and decide on adjustment and notify relevant agencies, units, organizations and individuals.

Article 43. Establishment of the inspection team

1. Based on the approved plan or at the request of competent agencies or persons, the agencies or units in charge of controlling the administrative procedures shall formulate a decision to establish an inspection team and submit it to the competent agencies or persons as specified in Article 37 of this Circular. The decision on establishment of an inspection team shall include the following contents:

a) Composition of the inspection team (the team's head, deputy heads, secretary and members);

b) Tasks and powers of the inspection team;

c) Inspected organizations and individuals;

d) Inspection time;

dd) Funds.

2. The competent agencies and persons specified in Article 37 of this Circular may authorize the Director of the Administrative Procedures Control Agency, the Chief of Office of ministries, agencies, and provincial-level People's Committees to decide on establishment of an inspection team.

Article 44. Preparation for inspection

Before conducting the inspection, the inspection team shall perform the following tasks:

1. Contacting the inspected organizations and individuals to collect and consolidate information, records and documents on their performance of administrative procedure control activities related to the inspection.

2. Notifying the inspected organizations and individuals of the inspection program and time at least 10 (ten) working days (or at least 03 (three) working days in case of ad-hoc inspection) before conducting the inspection.

3. Preparing funds for inspection.

Article 45. Inspection

1. The inspection team shall inspect and verify information and documents; results of performing the task of controlling administrative procedures to serve as a basis for conclusion of inspection contents. The inspection team shall be responsible for recording the minutes and signing for approval of the inspection minutes immediately after the inspection is over.

2. Immediately after the end of the inspection, the secretary shall draft the inspection conclusion on the basis of the inspection minutes, and submit it to the inspection team's head for consideration and approval;

3. At the meeting to announce the draft conclusion of the inspection team, the inspected organizations or individuals shall give their opinions and specific explanations for the inspection contents mentioned in the draft conclusion.

Article 46. Notification of inspection conclusions

No later than 15 (fifteen) working days from the date on which the inspection is completed, the agencies or persons competent to inspect shall be responsible for signing and sending the notice of inspection conclusion to relevant competent organizations or individuals, and publicizing inspection results in accordance with the law provisions.

The inspection conclusion must clearly state the achieved results; limitations; reasons; proposals and recommendations of the inspection team in controlling administrative procedures by the inspected organization or individual.

Article 47. Ad-hoc inspection process

The ad-hoc inspection process shall comply with Articles 43, 44, 45, 46 of this Circular.

Section 3. INSPECTION CONTENTS

Article 48. Inspection of direction, administration and implementation of administrative procedures control activities

1. Inspecting the promulgation of documents guiding and directing the control of administrative procedures according to the following contents:

a) Legal basis for promulgation of documents;

b) Competence of agencies issuing documents;

c) Contents of documents regarding conformity with higher legal documents.

2. Inspecting the performance, urging and organizing the control of administrative procedures, including the promulgation and organization of implementation of plans related to administrative procedure control; the inspection and supervision of administrative procedure control; professional training for cadres and civil servants; problems and difficulties in the implementation process (if any).

3. Inspecting the organization and personnel to control administrative procedures, including organization and personnel of divisional bodies in charge of controlling administrative procedures, key cadres and civil servants in charge of controlling administrative procedures, and policies and regimes for them; problems and difficulties during the implementation process (if any).

4. Inspecting the arrangement and use of funds for administrative procedure control; problems and difficulties during the implementation process (if any).

Article 49. Inspection of the impact assessment of administrative procedures and the reception and explanation of comments on regulations on administrative procedures by drafting agencies

1. Inspecting the impact assessment of regulations on administrative procedures in the formulation of requests for making laws, and formulating projects and draft legal documents with regulations on administrative procedures as specified Article 10 of Decree 63/2010/ND-CP that has been amended and supplemented.

2. Inspecting the reception and explanation of comments on regulations on administrative procedures as specified in Article 9 of Decree No. 63/2010/ND-CP that has been amended and supplemented.

Article 50. Inspection of consultation and appraisal of regulations on administrative procedures in the formulation of requests for making laws, and formulating projects and draft legal documents

1. Inspecting the received comments on regulations on administrative procedures in the dossiers of opinions about projects and draft legal documents with administrative procedures as specified in Article 9 of Decree 63/2010/ND-CP that has been amended and supplemented.

2. Inspecting the appraisal contents on regulations on administrative procedures in the appraisal dossier for the formulation of requests for making laws, and formulating projects and draft legal documents with regulations on administrative procedures as specified in Article 11 of Decree 63/2010/ND-CP that has been amended and supplemented.

Article 51. Inspection of the implementation of publishing administrative procedures and making public administrative procedures

1. Inspecting the implementation of publishing administrative procedures

a) Inspecting the implementation of publishing administrative procedures in accordance with Articles 13, 14 and 15 of Decree 63/2010/ND-CP that has been amended and supplemented, and Chapter II of this Circular.

b) Inspecting the adequacy, accuracy, timeliness and authority to issue decisions to publish administrative procedures of ministers, heads of ministerial-level agencies, general directors of agencies, Chairpersons of provincial-level People's Committees, and decisions to publish the list of administrative procedures falling under the processing competence of all levels of administration in the provinces and centrally-run cities.

2. Inspecting the implementation of making public administrative procedures

a) Inspecting whether administrative procedures are 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 under the competent person's decision to publish administrative procedures at agencies or units directly receiving and processing administrative procedures for individuals and organizations as specified in Articles 16 and 17 of Decree 63/2010/ND-CP that has been amended and supplemented, and Chapter III of this Circular;

 b) Inspecting whether administrative procedure data is inputted and published in full on an accurate and timely manner by the competent person on the National Database of Administrative Procedures; examining the status and results of connection and integration of administrative procedure data on the National Database of Administrative Procedures for publication on the portals of ministries, ministerial-level agencies, and provincial-level People's Committees in accordance with Article 17, Article 23 and Article 24 of Decree 63/2010/ND-CP that has been amended and supplemented, and Chapter IV of this Circular.

Article 52. Inspection of the settlement of administrative procedures

1. Inspecting the settlement of administrative procedures based on legal documents on administrative procedures, administrative procedure contents listed at places of receipt and settlement of administrative procedures and public information on the National Database of Administrative Procedures.

2. Inspecting the application of the single-window and inter-agency single-window mechanism in implementing administrative procedures in accordance with the law provisions.

3. Inspecting the implementation of responsibilities of administrative procedure-implementing agencies, cadres and civil servants according to the contents specified in Articles 18 and 20 of Decree 63/2010 /ND-CP that has been amended and supplemented.

Article 53. Inspection of review and evaluation of administrative procedures

1. Inspecting the review and evaluation of administrative procedures as specified in Chapter V of Decree 63/2010/ND-CP that has been amended and supplemented, and Chapter V of this Circular.

2. Inspecting the review and evaluation of administrative procedures according to the following contents:

a) Inspecting the formulation and issuance of the annual plan to review and evaluate administrative procedures, and the organization of implementing such plan by inspected organizations and individuals.

b) Inspecting the progress and results of review and evaluation of administrative procedures under the plans to review and evaluate administrative procedures issued by ministries, agencies and provincial-level People's Committees or directed by the Government or the Prime Minister.

c) Inspecting the processing of review and evaluation results; situation and results of implementation of the plan on simplification of administrative procedures passed or approved by competent authorities.

Article 54. Inspection of receipt and processing of feedback and proposals on administrative regulations

1. Inspecting the receipt and processing of feedback and proposals on administrative regulations in accordance with the Government's Decree No. 20/2008/ND-CP dated February 14, 2008, on receipt and processing of feedback and proposals of individuals and organizations on administrative regulations (that has been amended and supplemented) and Chapter VI of this Circular.

2. Inspecting the receipt and processing of feedback and proposals on administrative regulations according to the following contents:

a) Publication of agency addresses, mailing or email addresses, and specialized telephone numbers of agencies competent to receive feedback and proposals;

b) The process of receiving and processing feedback and proposals of individuals and organizations on administrative regulations.

Article 55. Inspection of communication on administrative procedure control and implementation of information and reporting regime on the situation and results of administrative procedure control

1. Inspecting the plan and process of implementing the communication plan on administrative procedure control (including internal communication and through the mass media).

2. Examining and evaluating the completeness, timeliness and accuracy of the implementation of information and reporting regime on the situation and results of administrative procedure control of inspected organizations and individuals in accordance with Article 35 of Decree 63/2010/ND-CP that has been amended and supplemented and Chapter VIII of this Circular.

Section 4. PROCESSING OF INSPECTION RESULTS

Article 56. Measures for processing inspection results

1. Based on the inspection results, the inspection team shall propose measures or recommend competent agencies and persons to request the inspected organizations and individuals to promptly overcome shortcomings and limitations, and remove difficulties and control administrative procedures in accordance with regulations.

2. In cases of detecting violations of laws, depending on the seriousness of such violations, the inspection team shall be responsible for reporting to agencies or persons competent to examine for referring the results to agencies or persons competent to process as prescribed.

Article 57. Reporting on the situation and results of implementation of inspection conclusions

No later than 30 (thirty) working days after receiving the inspection conclusion, the inspected organization or individual must report in writing to the competent inspection agency or person on the situation and results of implementation of measures to overcome limitations and shortcomings, and handling of violations detected during the inspection.

Article 58. Monitoring and reporting on the situation and results of inspection of administrative procedure control

1. At the end of the inspection, agencies or units controlling administrative procedures shall monitor, urge and report to competent inspection agencies or persons on the implementation of measures to overcome limitations and shortcomings, and handling of violations in administrative procedure control of inspected organizations and individuals.

2. Ministries, agencies and provincial-level People's Committees shall summarize the inspection results of administrative procedure control activities in annual reports on the situation and results of implementation of administrative procedure control and send them to the Government Office for reporting to the Prime Minister.

CHAPTER VIII

REPORTING ON THE SITUATION, RESULTS OF ADMINISTRATIVE PROCEDURE CONTROL

Article 59. Reporting on the situation and results of administrative procedure control

1. A report on the situation and results of administrative procedure control means a document describing the results that include achievements, non-achievements, shortcomings, limitations, difficulties, obstacles and their causes during the performance of controlling administrative procedures; proposals and recommendations; and key tasks to be performed in the next reporting period. A report shall include the following contents:

a) Situation and results of control over regulations on administrative procedures (situation and results of impact assessment on administrative procedures; situation and results of appraisal and verification of administrative procedures in making proposals for legal and project development as well as making draft legal documents; situation and results of promulgation of administrative procedures);

b) Situation and results of control over implementation of administrative procedures (situation and results of publishing administrative procedures and making public administrative procedures; situation and results of settlement of administrative procedures, including the settlement of administrative procedures under the single-window and inter-agency single-window mechanism);

c) Situation and results of receiving and processing feedback and proposals on administrative regulations;

d) Situation and results of review and simplification of administrative procedures (if any);

dd) Situation and results of research and proposals for administrative procedure reform initiatives (if any);

e) Situation and results of communication work to support the control of administrative procedures;

g) Other contents at the request of the Government, the Prime Minister or the proposal of the Government Office.

2. Attached report forms shall include specific information about name of the form, name of the agencies or organizations that make the report and receive the report (hereinafter referred to as the reporting unit and the report-receiving unit); reporting period; reporting contents; unit; reporting date; full name and signature of the head of the reporting agencies or organizations, stamps as prescribed and other relevant contents.

The list of forms for reporting on the situation and results of administrative procedure control is specified in Appendix XI issued together with this Circular.

Article 60. Periodic reports

1. Reporting period

Periodic reports are made quarterly, every 3 months and once a year according to the system of forms issued together with this Circular.

a) The quarterly periodical reporting period is calculated from the 1^st day of the first month of the quarter to the last day of the last month of the quarter, including actual data in the reporting period. Actual data is taken from the 1^st day of the first month of the quarter to the end of the 15^th day of the last month of the quarter while the actual data for 15 days of the last month of the quarter is accumulated to the next quarter.

b) The annual reporting period is counted from January 1 to the end of December 15 of each year, including all actual data made in the reporting period; the actual data for the last 15 days of December is accumulated to the first quarter of the next reporting period.

2. Time limit for receiving reports

a) The time limit for receiving periodical reports of each reporting level shall not exceed 05 days from the date of closing actual data in the reporting period.

b) In the case where the time limit for reporting above coincides with a weekly day off or a public holiday as specified by law, the time limit for receiving periodical reports shall be counted on the next working day after such holiday.

Article 61. Ad-hoc reports

1. Ad-hoc reports are made to help the Government Office collect and synthesize information in addition to information collected and aggregated according to the periodical reporting regime specified in this Circular.

2. Ad-hoc reports shall be made under the direction of the Government, the Prime Minister, and the written request of the Government Office.

Structure, contents, methods, reporting period, time of data collection, time limit for ad-hoc report, places of receiving report and other relevant contents are specified in documents of competent agencies requesting the report.

Article 62. Reporting forms

Based on the direction of ministers, heads of agencies, chairpersons of provincial-level People's Committees, the reporting agency or unit may use any of the following methods to send reports to the report recipient:

1. Making written reports with signature of the head and seal of the reporting unit, sent to the report recipient by post or directly or electronically in the form of an electronic file authenticated by the digital signature of the head of such reporting agency or organization in accordance with the law provisions.

2. Making e-reports at the report management section on the situation and results of control of administrative procedures on the management and evaluation system for control of administrative procedures as specified in Article 63 of this Circular.

Article 63. Process of using the Report Management Section on the situation and results for control of administrative procedures

1. Based on their functions and tasks, state administrative agencies and units engaged in the management and evaluation system for control of administrative procedures are assigned to manage and use the following accounts:

a) Ministries, agencies and provincial-level People's Committees are assigned to manage and use 02 accounts, including a data entry account and a data approval account.

b) Agencies and units under ministries and agencies; specialized departments, divisions and branches under provincial-level People's Committees; district-level People's Committees and specialized divisions and sections under district-level People's Committees and commune-level People's Committees are assigned to manage and use 02 accounts, including a data entry account and a data approval account.

2. With regard to agencies and units specified at Point b, Clause 1 of this Article:

a) Using a data entry account to log in to the System; selecting report type and form; entering data and making draft e-reports on the situation and results of administrative procedure control of agencies and units, and sending such reports to the data approval account.

b) Using the data approval account to log in to the System; reviewing and approving data and draft e-reports on the situation and results of administrative control, and send such documents to the superior agency or the agency or unit in charge of consolidation.

c) General Departments, Departments (if there are affiliated Sub-Departments) and equivalent agencies and units, district-level People's Committees, in addition to entering data on the situation and results of administrative procedure control of their agencies and units, shall be responsible for consolidating data on the situation and results of administrative procedures control of their subordinate agencies and units and draft general e-reports.

3. With regard to ministries, agencies and provincial-level People's Committees as specified at Point a, Clause 1 of this Article

a) Using the data entry account to log in to the System; selecting report type and form; inspecting and consolidating data, drafting e-reports on the situation and results of administrative procedure control of ministries, agencies and provincial-level People's Committees on the basis of reports of their affiliated agencies and units, and sending to the data approval account.

b) Using the data approval account to log in to the System; examining the accuracy and completeness of data, approving data and draft e-reports on the situation and results of administrative procedure control, and sending such documents to the Government Office or extracting and making paper documents signed and sealed, then sending them to competent agencies and persons as prescribed.

4. With regard to the Government Office

a) Logging in to the System; selecting report type and form; examining the accuracy and completeness of electronic report data; consolidating and approving data and draft e-reports on the situation and results of administrative procedure control of ministries, agencies and provincial-level People's Committees;

b) Extracting and making paper documents, signing and sealing general reports on the situation and results of administrative procedure control of ministries, agencies and provincial-level People's Committees in accordance with regulations.

Article 64. Responsibilities of agencies, organizations and individuals in charge of implementing the reporting regime

1. Agencies, organizations and individuals in charge of implementing the reporting regime shall be responsible for consolidating data, making and submitting reports on an accurate, complete, timely manner according to their competence, taking responsibility for reported contents in accordance with relevant laws and this Circular, and amending or supplementing required information related to the report at the request of the report recipients.

2. Responsibility for the implementation of baseline reports

a) Commune-level People's Committees, specialized agencies of district-level People's Committees and specialized units of provincial-level departments and branches shall be responsible for reporting according to the contents specified in Forms No. 05a/VPCP/KSTT and 06a/VPCP/KSTT in Appendix XI issued together with this Circular.

Agencies and units are organized and managed according to the vertical system in the province of the agency which is organized according to the vertical system of ministries and ministerial-level agencies.

b) Agencies and units organized and managed according to the vertical system in the provinces and centrally-run cities and in districts, towns and provincial-level cities, which are affiliated to agencies organized according to the vertical system of ministries and ministerial-level agencies or under the Vietnam Social Insurance, Vietnam Bank for Social Policies, Vietnam Development Bank, shall be responsible for reporting according to the contents specified in Forms No. 05a/VPCP/KSTT, 06c/VPCP-KSTT, 06d/VPCP/KSTT in Appendix XI issued together with this Circular.

c) The divisional bodies in charge of controlling administrative procedures under the offices of ministries or ministerial-level agencies shall be responsible for reporting according to the contents specifies in Forms No. 01a/VPCP/KSTT, 02b/VPCP/KSTT, 03a/VPCP/KSTT, 04a/VPCP/KSTT, 05b/VPCP/KSTT, 06e/VPCP/KSTT and 06g/VPCP/KSTT (if any) in Appendix XI issued together with this Circular.

d) The divisional bodies in charge of controlling administrative procedures under the offices of provincial-level People's Committees shall be responsible for reporting according to the contents specified in Forms No. 01b/VPCP/KSTT, 02c/VPCP/KSTT, 03b/VPCP/KSTT, 04b/VPCP/KSTT, 05b/VPCP/KSTT, 06dd/VPCP/KSTT and 06g/VPCP/KSTT (if any) in Appendix XI issued together with this Circular.

dd) Agencies and units, organized and managed according to the vertical system at the central level under the Vietnam Social Insurance, Vietnam Bank for Social Policies, and Vietnam Development Bank, shall be responsible for reporting according to the contents specified in Forms No. 01c/VPCP/KSTT, 05a/VPCP/KSTT, 06d/VPCP/KSTT and 06g/VPCP/KSTT (if any) in Appendix XI issued together with this Circular.

The divisional bodies in charge of controlling administrative procedures under the relevant units of the Vietnam Social Insurance, Vietnam Bank for Social Policies, and Vietnam Development Bank shall be responsible for reporting according to the contents specified in Forms No. 01c/VPCP/KSTT, 03a/VPCP/KSTT, 04a/VPCP/KSTT, 05b/VPCP/KSTT, 06e/VPCP/KSTT and 06g/VPCP/KSTT (if any) in Appendix XI issued together with this Circular.

e) Specialized agencies and units of ministries and ministerial-level agencies shall be responsible for reporting according to the contents specified in Forms No. 01a/VPCP/KSTT, 02b/VPCP/KSTT, 03a/VPCP/KSTT, 05a/VPCP/KSTT and 06a/VPCP/KSTT in Appendix XI issued together with this Circular.

g) The Administrative Procedures Control Agency under the Government Office shall be responsible for reporting according to the contents specified in Forms No. 02a/VPCP/KSTT, 04a/VPCP/KSTT in Appendix XI issued together with this Circular.

3. Responsibility for making general reports

a) The offices of district-level People's Committees shall assist the district-level People's Committees in consolidating reports of their specialized units and commune-level People's Committees according to the contents specified in Forms No. 05a/VPCP/KSTT, 06b/VPCP/KSTT and 06g/VPCP/KSTT (if any) in Appendix XI, and consolidating the situation and results of control of administrative procedures according to the Reporting Outline in Appendix XII issued together with this Circular.

b) The offices of provincial-level People's Committees shall assist the chairpersons of the provincial-level People's Committees in consolidating reports of specialized agencies in the sectors and fields under the provincial-level People's Committees, and reports of district-level People's Committees according to the contents specified in Forms No. 01b/VPCP/KSTT, 02c/VPCP/KSTT, 03b/VPCP/KSTT, 04b/VPCP/KSTT, 05b/VPCP/KSTT, 06dd/VPCP/KSTT, 06g/VPCP/KSTT in Appendix XI, and consolidating the situation and results of control of administrative procedures according to the Reporting Outline in Appendix XII issued together with this Circular.

c) The offices of ministries and ministerial-level agencies shall assist ministers and heads of the ministerial-level agencies in consolidating reports of functional agencies and units under the ministries and ministerial-level agencies; The organizations with the function of controlling administrative procedures under the Vietnam Social Insurance, Vietnam Bank for Social Policies, and Vietnam Development Bank shall assist the General Directors of the agencies in consolidating reports of agencies and units organized and managed according to the vertical system at the central level in the provinces and centrally-run cities and districts, towns and provincial-level cities, which are affiliated to the agencies, according to the contents specified in Forms No. 01a/VPCP/ KSTT or 01c/VPCP/KSTT, 02b/VPCP/KSTT, 03a/VPCP/KSTT, 04a/VPCP/KSTT, 05b/VPCP/KSTT, 06e/VPCP/KSTT, and 06g/VPCP/KSTT in Appendix XI, and consolidating the situation and results of control of administrative procedures according to the Reporting Outline in Appendix XII issued together with this Circular.

d) The Administrative Procedures Control Agency under the Government Office shall assist the Government Office in consolidating reports of ministries, ministerial-level agencies, provincial-level People's Committees, the Vietnam Social Insurance, Vietnam Bank for Social Policies, and Vietnam Development Bank according to the contents specified in Forms 07a/VPCP/KSTT, 07b/VPCP/KSTT, 07c/VPCP/KSTT, 07d/VPCP/KSTT, and 07dd/VPCP/KSTT in Appendix XI issued together with this Circular; at the same time, consolidating the situation and results of control of administrative procedures according to the Reporting Outline in Appendix XII issued together with this Circular.

Article 65. Responsibilities of report recipients

1. Examining, comparing, processing and consolidating information from received reports.

2. Promptly requesting the reporting agencies to adjust and supplement information that is incomplete or needs to be redefined for accuracy in the contents of received reports.

3. Consolidating and sending reports to competent authorities on information and data on the control of administrative procedures.

4. Assuming other responsibilities in accordance with laws and this Circular.

Article 66. Competence to sign and promulgate general reports

1. Ministers and heads of ministerial-level agencies shall sign and promulgate reports on the situation and results of administrative procedure control of ministries and ministerial-level agencies.

2. The General Directors of agencies shall sign and promulgate reports on the situation and results of control over work settlement procedures of their agencies.

3. The Chairpersons of provincial-level People's Committees shall sign and promulgate reports on the situation and results of administrative procedure control of the provincial-level People's Committees.

Article 67. Correction and supplementation of reports

1. The correction and supplementation of reports shall apply in the case where the information and data in the paper or electronic reports are still incomplete, inaccurate and unreasonable.

2. The adjustment and supplementation of reports shall be shown in paper documents or electronic documents, and electronic reports on the Management and Evaluation System for Control of Administrative Procedures, which clearly states the time of report making and is signed, stamped or certified with a digital signature in accordance with laws by the persons competent to sign and promulgate the reports at places of making such reports.

Chapter IX

IMPLEMENTATION PROVISIONS

Article 68. Responsibilities for implementation

1. Ministers, heads of ministerial-level agencies, heads of governmental agencies, general directors of agencies, chairpersons of provincial-level People's Committees and related agencies, organizations and individuals shall be responsible for implement this Circular.

2. The Administrative Procedures Control Agency under the Government Office shall responsible for assisting the Minister-Chairman of the Government Office in monitoring, urging and inspecting the implementation of this Circular.

Article 69. Effect

1. This Circular takes effect from December 15, 2017.

2. Any problems arising in the course of implementation shall be promptly reported to the Government Office for consideration./.

The Minister - Chairman

MAI TIEN DUNG

* All Appendices are not translated herein.