Vietnamese
Effective as of October 10, a new decree on the control of administrative procedures requires oversight right from the stage of policy proposal and legal document drafting, closely linking compliance with digital transformation and data governance.
The Government on October 9 issued a decree providing the control of administrative procedures, marking a significant step forward in national administrative reform and digital transformation.
Decree 385 applies to state administrative agencies at central and local levels as well as those involved in administrative procedure control activities. It is designed to improve the management and performance of administrative procedures while ensuring transparency and efficiency.
Data governance and digital integration
As per the new decree, administrative procedure control must adhere to the principles of digital transformation and data governance. This ensures seamless extraction, connection, sharing and reuse of data throughout the administrative process. It also guarantees the right of individuals and organisations to choose their preferred method of performance, prioritising digital environments and tools regardless of geographical boundaries.
To support these operations on digital platforms, the decree mandates the operation of a digital platform for administrative procedure control managed by the Ministry of Justice that will have to guide, inspect, evaluate, urge and monitor the performance of administrative procedures.
Additionally, the National Database on Administrative Procedures hosted on the National Public Service Portal is designated as the official, legally valid source of information for public disclosure and uniform application nationwide. Post-promulgation review and evaluation of administrative procedures will be conducted regularly using a citizen- and business-centred approach. Reviews will focus on compliance costs, satisfaction levels of people and businesses, and information technology application that helps promptly eliminate cumbersome and overlapping requirements.
Standardising administrative procedures in legal documents
Regarding substantive requirements, the new decree requires administrative procedures provided in legal documents to be constitutional, legal, consistent, uniform and effective without causing conflicts with treaties to which Vietnam is a contracting party.
Administrative procedures must be transparent, simple, easy to understand and efficient, to save time and costs for agencies, businesses and people and ensure equal rights for all participants, guarantee interoperability among relevant procedures, facilitate transparent and reasonable delegation and decentralisation of powers, , and adhere to the principles of digitisation, data interconnectivity and electronic identification, and the single-filing rule.
Policy-proposing and drafting agencies are required to conduct assessment of impacts on administrative procedures whenever proposed policies, projects or draft legal documents introduce new administrative burdens.
Specifically, for provisions that restrict business freedom or fair competition, or those affecting national defence, security, social order and safety, public health or the environment, the new decree mandates that all requirements and conditions be formally enacted under the competence of the National Assembly, National Assembly Standing Committee or Government.
- (VLLF)
