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THE GOVERNMENT OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No. 118/2025/ND-CP
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Hanoi, June 09, 2025
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DECREE
INITIATION OF ADMINISTRATIVE PROCEDURES BY EMPLOYING
SINGLE-WINDOW SYSTEM AND INTER-AGENCY SINGLE-WINDOW SYSTEM AT
SINGLE-WINDOW SECTION AND NATIONAL PUBLIC SERVICE PORTAL
Pursuant to the Law on
Government Organization dated February 18, 2025;
Pursuant to the Law on
Electronic Transactions dated June 22, 2023;
Pursuant to the 2025
Law on Organization of Local Government;
At the request of the
Minister cum Chief of the Government’s Office;
The Government
promulgates Decree on initiation of administrative procedures by employing
single-window system and inter-agency single-window system at
single-window section and national public service portal.
Chapter
I
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Article
1. Scope
1. The Decree provides
for initiation of administrative procedures by employing single-window system
and inter-agency single-window system at ministerial-level Document
Receipt and Response Divisions, provincial-level and commune-level public
administrative service centers and national public service portal.
2. This Decree is not
applicable to initiation of administrative procedures by employing national
single-window system prescribed in the Law on Customs.
Article
2. Regulated entities
1. Authorities handling
administrative procedures
a) Ministries,
ministerial-level authorities; departments affiliated to ministries and
ministerial-level authorities that have duties and powers to handle
administrative procedures and get involved in handling of administrative
procedures;
b) Provincial-level and
commune-level People’s Committees; professional authorities affiliated to
provincial-level and commune-level People’s Committees; management committees
of industrial zones, export processing zones, economic zones and hi-tech parks
that have duties and powers to handle administrative procedures;
2. Cadres, civil servants
and public employees responsible for handling administrative procedures and
working for the authorities specified in clause 1 of this Article.
3. Public postal service
providers, providers of ancillary services under service contracts, employees
working under employment contracts
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5. Organizations and
individuals hired or authorized to initiate administrative procedures in
accordance with laws.
6. Public service
providers, state enterprises and other authorities and organizations are
encouraged to apply this Decree to the handling of administrative procedures
for organizations and individuals.
Article
3. Interpretation of terms
For the purposes of this
Decree, the terms below shall be construed as follows:
1. Single-window system
for handling administrative procedures refers to a method for receiving
documentation, handling and notifying results of handling of administrative
procedures, monitoring, supervising and assessing the handling of
administrative procedures for organizations or individuals employed by a
competent authority via a single-window section specified in clause 3 of this
Article.
2. Inter-agency
single-window system for handling administrative procedures refers to a
method for building cooperation among competent authorities in receiving
documentation, handling and notifying results of handling of a single
administrative procedure or a set of related administrative procedures,
monitoring, supervising and assessing the handling of administrative procedures
for organizations and individuals via a single-window section prescribed in
clause 3 of this Article.
3. Single-window section
refers to the generic name of a ministerial-level Document Receipt and Response
Division or provincial-level or commune-level public administrative service
center that performs duties and exercises powers to provide instructions about,
receive, handle or transfer documentation to handle and notify the results of
handling of administrative procedures, monitor, supervise and assess the
handling of administrative procedures for organizations and individuals.
4. National public
service portal refers to a portal that integrates information on and provides
online public services, status and results of handling of administrative
procedures by all ministries and central and local authorities on the basis of
connecting and accessing data available on ministerial- and provincial-level
information systems for handling administrative procedures; integrates and
provides other online services at the request of the Government, the Prime
Minister.
5. Ministerial- or
provincial-level information system for handling administrative procedures
refers to a professional system that receives, handles and monitors receipt,
handling, and results of handling of administrative procedures by affiliates;
connects, integrates and shares data with the national public service portal to
provide and use online public services.
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7. Initiation of
administrative procedures regardless of administrative boundaries within a
province refers to permission for an organization or individual to submit
documentation and receive results of handling of administrative procedures
within the handling jurisdiction of provincial-level administrative authorities
online at the national public service portal or by post or in person at a
single-window section within a province for the convenience of the organization
or individual, regardless of administrative levels and boundaries, regardless
of the residence/office locations and issuers of documents.
8. Assessment of handling
of administrative procedures refers to comment or conclusion made by a
competent authority, organization or individual about quality of and progress
in provision of instructions, receipt, handling and response to results of
handling of administrative procedures by the single-window section, in-charge
official, public employee or employee, and the authority handling
administrative procedures.
Article
4. Principles of implementation of single-window system and inter-agency
single-window system
1. Considering the
satisfaction of organizations and individuals as a measure of quality and
efficiency in services provided by cadres, civil servants, public employees and
competent authorities.
2. Handling
administrative procedures for organizations and individuals by employing
single-window systems and inter-agency single-window systems in a manner of
centralized and uniform management.
3. Ensuring timeliness,
quickness, convenience, compliance with laws, equality, fairness, objectivity,
public disclosure, transparency and close cooperation among competent
authorities in the course of handling of administrative procedures.
4. Ensuring that handling
of administrative procedures is expedited, inspected, monitored, supervised and
assessed by different methods on the basis of promotion of application of
information technology and involvement of organizations and individuals.
5. Helping organizations
and individuals avoid incurring costs of initiation of administrative
procedures which are not specified in regulations in force.
6. Cadres, civil
servants, public employees and competent authorities shall be accountable for explaining
public affairs during the period of handling of administrative procedures in
accordance with laws.
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Article
5. Prohibited acts in handling of administrative procedures in accordance with
single-window systems and inter-agency single-window systems
1. Cadres, civil
servants, public employees and employees assigned to provide instructions
about, receive documentation, deal with and notify results of handling of
administrative procedures in accordance with single-window systems and
inter-agency single-window systems at the head office of the single-window
section and competent authorities shall be prohibited from committing the
following acts:
a) Bossily treat, harass,
disturb and trouble organizations and individuals initiating administrative
procedures;
b) Hinder organizations
and individuals from selecting forms of submission of documentation, receipt
and notification of results of handling of administrative procedures in accordance
with laws;
c) Illegally obstruct or
prevent the process of transmitting, sending and receiving electronic data;
illegally change, delete, remove, falsify, duplicate and move part or all of
contents of data used for initiation of administrative procedures;
d) Reveal information
about documents, personal data and other information regarding the privacy of
organizations and individuals or use such information for profiteering
purposes;
dd) Refuse to handle or
lengthen the time of handling of administrative procedures or discretionarily
request additional documents or pay costs in breach of laws;
e) Directly conduct
transactions, request organizations and individuals to additionally provide and
improve documents without asking for permission from the single-window section,
unless otherwise prescribed by laws;
g) Pass the buck,
show a lack of cooperation, equality, impartiality and incompliance with laws
during the process of handling administrative procedures;
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i) Request re-provision
of valid digitalized documents or electronic information as per law, connected
and shared during the process of receiving and handling administrative
procedures, except for cases where such information and documents are
re-provided to verify and re-examine the authenticity of digitized information
and documents;
k) Commit other
violations during handling of public affairs.
2. Organizations and
individuals requesting the handling of administrative procedures shall be
prohibited from committing the following acts:
a) Fraudulently and
falsely create, expropriate and illegally use documents on and results of
handling of administrative procedures;
b) Hinder the handling of
administrative procedures for organizations and individuals;
c) Use other tricks to
deceive and bribe cadres, civil servants, public employees and employees during
the process of handling administrative procedures;
d) Slander, send reports,
petitions, complaints, denunciations of or impersonate other people to make
false, unfounded or unproven denunciations of violations against law committed
by cadres, civil servants, public employees or employees and competent
authorities in the course of providing instructions about, receiving, handling
and notifying results of handling of administrative procedures;
dd) Offend the honor of
competent authorities; use or threaten to use brute force, insult the honor and
dignity of cadres, civil servants, public employees or employees or competent
authorities in the process of providing instructions on, receiving, handling
and notifying results of handling of administrative procedures;
e) Give comments or
assessments that are impartial, unfair, untrue, illegal or contrary to the
actual conditions of performance of duties by cadres, civil servants, public
employees or employees or competent authorities during the period of providing
instructions about, receiving, handling and notifying results of handling
administrative procedures;
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3. Public postal service
providers, providers of ancillary services under service contracts,
organizations and individuals hired or authorized to initiate administrative
procedures shall be prohibited from committing the following acts:
a) Hinder the process of
initiation or handling of administrative procedures;
b) Cheat cadres, civil
servants, public employees, employees, competent authorities, organizations or
persons hired or authorized to initiate administrative procedures;
c) Reveal information
about documents, personal data and other information regarding the privacy of
organizations and individuals or use such information for profiteering
purposes;
d) Commit other
violations as provided for by laws.
Article
6. Rights and responsibilities of
organizations and individuals initiating administrative procedures
1. Rights to initiate
administrative procedures
a) Receive instructions
about preparation and submission of documents, receipt of notes of document
receipt and appointment for notification of results;
b) Refuse requests not
specified in legislative documents prescribing administrative procedures;
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d) Send reports,
recommendations, complaints or denunciations to cadres, civil servants, public
employees and employees when having grounds or evidence that provision of
guidance, receipt, handling or notification of results of handling of
administrative procedures is in breach of laws and about other related
violations;
dd) Exercise other rights
in accordance with laws.
2. Responsibilities
a) Take responsibility
for legality and accuracy of documents included in documentation and fully
provide related information;
b) Upon receiving results
of handling of administrative procedures at the single-window section, bring
the note of document receipt and appointment for notification of results. If
the note is lost, present identity documents and provide
information related to initiation of administrative procedures to receive
support.
c) In case of
authorization for submission of documents or receipt of such results, the
letter of authorization signed by the principal is required;
d) Fully comply with
regulations on handling of administrative procedures and those imposed by the
single-window section; fully pay fees, charges and other financial obligations
(if any) in accordance with regulations;
dd) Bear responsibility
to law for any violation specified in clauses 2 and 3 of Article 5 herein and
other relevant regulations.
Chapter
II
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Article
7. Organization of single-window sections
1. At the ministerial
level
a) Based on the number of
administrative procedures within the respective jurisdiction, the frequency
rate of receipt of documents and the location of head office of each Ministry,
Ministers and Heads of ministerial-level authorities shall make decisions on
establishment of Document Receipt and Response Divisions at ministries,
ministerial-level authorities directly controlled by offices thereof or
authorities or units affiliated to ministries, ministerial-level authorities.
In case of establishment of Document Receipt and Response Divisions at
authorities or units affiliated to Ministries, ministerial-level authorities,
Offices of Ministries, ministerial-level authorities shall monitor, supervise
and urge implementation of single-window systems and inter-agency single-window
systems at such authorities or units via the ministerial-level information
system for handling administrative procedures;
b) Heads of
centrally-controlled authorities vertically organized at the localities shall
appoint cadres, civil servants and public employees to work at provincial-level
or commune-level public administrative service centers to receive and handle
administrative procedures within their jurisdiction in accordance with point c
clause 2 Article 14 of this Decree.
c) Based on other
principles and regulations laid down herein, the Minister of National Defense
and the Minister of Public Security shall make decisions on implementation of
single-window systems and inter-agency single-window systems in such a way to
meet working conditions promulgated by respective ministries;
d) According to this
Decree, other regulations of laws and related International Agreements to which
the Socialist Republic of Vietnam is a signatory or has acceded, and practical
conditions and contexts of specific countries and localities, the Minister of
Foreign Affairs shall make a decision on implementation of single-window
systems and inter-agency single-window systems in order to handle
administrative procedures at diplomatic missions, consular missions and
representative authorities of Vietnam in overseas international organizations.
2. At the provincial
level
a) Provincial-level
People’s Committees shall decide to establish provincial-level public
administrative service centers that are administrative organizations under the
control of Offices of provincial-level People’s Committees, and have their own
seals and accounts used for performance of the assigned duties and powers.
b) In cities, on the
basis of specific consideration of population management, organization of
people’s life at urban areas, assessment of application of science, technology,
innovation and digital transformation in such cities, People's Committees of
cities shall decide to establish provincial-level public administration service
centers that are administrative organizations affiliated to People's Committees
of cities (hereinafter referred to as “one-level public administration service
centers”) and decide the number of branches affiliated to one-level public
administration service centers to perform duties within the cities.
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3. At the commune level
a) Commune-level People’s
Committees shall decide to establish commune-level public administrative
service centers that are administrative organizations under the control of
commune-level People’s Committees and have their own seals and accounts used
for performance of the assigned duties and powers.
b) Commune-level People’s
Committees shall decide to establish citizen service delivery points of
commune-level public administrative service centers within communes on the
basis of the natural area, population size, local socio-economic conditions and
the number of administrative formalities.
c) Commune-level public
administrative service centers affiliated to commune-level People’s Committees
shall not be established at localities where one-level public administration
service centers affiliated to provincial-level People’s Committees are
available.
4. According to the
actual situation, Ministers, Heads of ministerial-level authorities,
Chairpersons of provincial-level People’s Committees shall decide to assign
public postal service providers, ancillary service providers to take charge of
one or some duties in the course of provision of guidance, receipt and
digitization of documents, and notification of results of handling of
administrative procedures in accordance with the law on bidding.
5. In other cases, the
Prime Minister’s regulations shall be complied with.
Article
8. Duties and powers of single-window sections
1. General duties and
powers
a) Fully and promptly
publish by electronic means or in writing list and contents of administrative
procedures within their jurisdiction, initiated at single-window sections
according to regulations of the law on control of administrative procedures and
relevant laws; at the same time support organizations and individuals unable to
access administrative procedures publicized by electronic means;
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c) Cooperate with
relevant authorities and units in handling and notifying the results of
handling of administrative procedures to organizations and individuals in cases
where administrative procedures require immediate handling in the day or
administrative procedures are assigned or authorized to cadres, civil servants
and public employees at single-window sections; enable organizations and
individuals to use online public services; request competent authorities to
handle and relevant authorities and units to provide information and documents
used to receive and handle administrative procedures;
d) Take charge of
monitoring, supervising, assessing and urging the handling and notification of
results of handling of administrative procedures by relevant authorities and
units in according with the approved procedures; request competent authorities
to provide information on receipt and progress in handling of administrative
procedures for organizations and individuals; urge authorities and units to
process documents for which deadlines are approaching or have expired
dd) Receive, settle or
report to competent authorities on settlement of feedback, petitions,
complaints and denunciations sent by organizations and individuals against
initiation of administrative procedures at single-window sections or cadres,
civil servants, public employees, employees and competent authorities during
the handling of administrative procedures; transfer explanations given by
competent authorities to organizations and individuals in accordance with
regulations;
e) Cooperate with
relevant authorities and units to provide training in improvement of
professional qualifications for cadres, civil servants, public employees and
employees working at single-window sections. Monitor, urge, comment and assess
compliance with public discipline, internal rules and working regulations by
cadres, civil servants, public employees and employees working at single-window
sections;
g) Arrange, manage and
propose improvement of facilities and equipment to meet requirements for
operations of single-window sections in accordance with Article 13 of this
Decree. Provide necessary legal support services, pay financial
obligations, foreign and ethnic language interpreters (if necessary),
photocopy, print documents and provide other necessary services to meet
organizations or individuals’ demands at service prices approved by competent
authorities;
h) Recommend reform and
improvement measures to improve quality and effectiveness of services and
enable organizations and individuals to initiate administrative procedures;
organize or cooperate in dissemination of information on operations of
single-window sections and initiation of administrative procedures by employing
single-window systems or inter-agency single-window systems;
i) Perform other duties
as assigned in accordance with regulations of law and as directed by ministers
and heads of central and local authorities.
2. In addition to duties
and powers mentioned in clause 1 of this Article, provincial-level public
administration service centers shall advise and assist Chiefs of Offices of
provincial-level People's Committees to organize control of local
administrative procedures. To be specific:
a) Provide guidance on,
monitor, urge and inspect control and initiation of administrative procedures
by authorities and organizations under the management of provincial-level
People's Committees; make consolidated reports on results according to
regulations;
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c) Give opinions on
administrative procedures specified in draft legislative documents within the
promulgation jurisdiction of provincial-level People's Committees;
d) Control quality of
public announcement of administrative procedures within the handling
jurisdiction of provincial-level authorities; control online provision of
administrative procedures within the handling jurisdiction of provincial-level
authorities;
dd) Conduct study and
propose guidelines, policies, solutions and initiatives to reform
administrative procedures and relevant regulations; propagate new models and
good practices to reform administrative procedure and submit them to competent
authorities for decision; assess and handle the results of review of
administrative procedures according to regulations of law;
e) Receive and settle
feedback and petitions from organizations and individuals against
administrative procedures and regulations and initiation of administrative
procedures under the management of provincial-level People's Committees and
Chairpersons of provincial-level People's Committees;
g) Participate in
management and operation of the national database of administrative
procedures and the national public service portal; establish, develop,
manage, operate and access provincial-level information systems for handling
administrative procedures; connect, interlink, integrate and share data on
handling and initiation of administrative procedures to serve direction and
administration by provincial-level People's Committees and Chairpersons of
provincial-level People's Committees.
3. One-level public
administrative service centers shall perform the following duties:
a) Preside over and
cooperate with provincial-level specialized authorities, communes-level People's
Committees in performing duties specified in clause 1 of this Article within
provinces and cities;
b) Preside over advising
and assisting provincial-level People's Committees and Chairpersons of
provincial-level People's Committees to control administrative procedures,
including the duties specified in points a, b, c, d, dd, e, g clause 2 of this
Article within provinces and cities;
4. In addition to the
duties mentioned in clause 1 of this Article, commune-level public
administration service centers shall control administrative procedures within
their jurisdiction, establish electronic governments, and monitor application
of information technology at commune-level People's Committees.
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1. Directly administer
and assume responsibilities to heads of competent authorities for all of their
operations, urge authorities and units related to handling of administrative
procedures in order to make sure that administrative procedures are handled in
accordance with regulations; send reports and recommendations to heads of
competent authorities about actions against cases in which administrative
procedures are not handled by the prescribed deadlines and according to the
prescribed quality standards.
2. Every 03 months or
spontaneously, heads of single-window sections shall work with competent
authorities having administrative procedures received and handled at those
sections at the same level to discuss management, administration, performance
of duties and the status of receipt of documentation and handling of
administrative procedures by specialized authorities at these single-window
sections.
3. Manage working hours,
the progress in handling assignments, attitudes, behavior and conduct of
cadres, civil servants, public employees and employees appointed to work at
single-window sections and send monthly reports to authorities appointing
cadres, civil servants, public employees and employees; refuse to accept or
proactively recommend these authorities to replace cadres, civil servants,
public employees and employees who violate labor discipline, have their
attitude, behavior or conduct in contravention of workplace culture rules,
whose professional capabilities do not meet the assigned duties or who commit
other law violations.
4. Assign duties to
deputies, cadres, civil servants, public employees and employees depending on
their professional competencies and qualifications; inspect and urge
performance of the assigned duties and communication and report in accordance
with regulations in force.
5. Cooperate with
authorities and units that appoint cadres, civil servants, public employees and
employees to consider handling violations committed by such cadres, civil
servants, public employees and employees and publicly announce results of
handling of these violations to organizations and individuals sending feedback,
petitions, complaints and denunciations of their violations.
6. Proactively request
heads of authorities having jurisdiction to handle administrative procedures to
dispatch, recall or replace cadres, civil servants and public employees at
single-window sections with personnel under the management of single-window
sections when the number of organizations and individuals initiating
administrative procedures has been increased or decreased significantly, or is
just a few, or they are obtain permission to be absent or resigned from work
according to regulations.
7. Delegate or authorize
heads of public administrative service centers at all levels to sign fixed-term
contracts with public postal service providers, ancillary service providers,
and personnel meeting professional and technical requirements to undertake a
number of job positions in the group of shared service positions for provision
of guidance, receipt, digitization of documentation and notification of results
of handling of administrative procedures at public administrative service
centers.
8. Publicly announce, at head
offices or on websites of single-window sections, full names, titles, phone
numbers of heads and deputy heads of single-window sections; full names,
titles, working sectors and phone numbers of cadres, civil servants and public
employees appointed to work at single-window sections;
9. Promptly handle within
their jurisdiction or request competent authorities to handle violations
against laws committed by organizations, individuals, cadres, civil servants,
public employees and employees at single-window sections.
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11. Manage and appeal to
competent authorities for procurement, lease, renovation, repair,
maintenance, replacement, addition, and liquidation of assets, facilities and
technical equipment at single-window sections in accordance with laws;
scientifically and logically arrange areas intended for provision of
information, handling of administrative procedures and equipment to serve
organizations and individuals that initiate administrative procedures.
Article
10. Personnel of single-window sections
1. Ministerial-level
Document Receipt and Response Division
a) The Document Receipt
and Response Division at a ministry or ministerial-level authority shall be
headed by a leader of the Ministry's Office or the ministerial-level authority;
in case of establishment of Document Receipt and Response Divisions at
authorities and units affiliated to ministries, such Divisions shall be headed
by leaders of departments’ offices;
b) Cadres, civil
servants, public employees and employees receiving and handling administrative procedures
at the Document Receipt and Response Division shall be appointed by specialized
authorities and units or managed by enterprises entitled to sign service
contracts as per law.
2. Provincial-level
public administrative service centers
a) Chairperson of the
provincial-level People's Committee shall decide to appoint leaders of a
provincial-level public administrative service center, including 01
Director and up to 03 Deputy Directors; the position of Director is equivalent
to Deputy Chief of Office of the provincial-level People's Committee, or may be
concurrently held by a Deputy Chief of Office of the provincial-level People's
Committee; the position of Deputy Director is equivalent to Head of Division
affiliated to the provincial-level People's Committee’s Office;
b) Chairperson of the
provincial-level People's Committee shall decide to appoint leaders of a
one-level public administrative service center, including 01 Director and
Deputy Directors; the position of Director is equivalent to Director of
Department and the position of Deputy Director is equivalent to Deputy Director
of Department. The number of Deputy Directors shall comply with the
Government’s regulations on number of deputy heads of specialized authorities
affiliated to the provincial-level People's Committee;
c) Provincial-level and
one-level public administrative service centers shall employ public employees
and employees under their management to perform duties; cadres, civil servants
and public employees appointed by provincial-level specialized authorities and
centrally-controlled authorities organized in the vertical structure at
provinces; personnel of public postal service providers, providers of ancillary
services under the signed employment contracts.
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a) Leaders of a
commune-level public administrative service center include 01 Director who
is Vice Chairperson of the commune-level People's Committee and 01 Deputy
Director equivalent to Head of Division affiliated to the commune-level
People's Committee;
b) Commune-level public
administrative service centers shall employ public employees and employees
under their management; public employees appointed by specialized authorities
and centrally-controlled authorities organized in the vertical
structure at communes to perform duties; personnel of public postal
service providers, providers of ancillary services under the signed employment
contracts.
4. Centrally-controlled
authorities organized in the vertical structure at communes shall allocate
cadres, civil servants and public employees to work at provincial-level and
commune-level public administrative service centers in accordance with clauses
2 and 3 of this Article.
Article
11. Standards, responsibilities, rights and benefits, terms of office of
personnel of single-window sections
1. Standards
a) Have at least 02
years' experience in the sector or industry assigned for supervision, and
appropriate qualifications and meet requirements for job positions of cadres,
civil servants and public employees;
b) Providers of ancillary
services under service contracts and employees working under employment
contracts that take charge of one or some works during provision of guidance,
receipt and notification of results, support for initiation of administrative
procedures shall meet all standards and conditions according to the
Government’s regulations on contracts for some work types in public service
providers and administrative authorities and in accordance with the signed
contracts;
c) Have good moral
standards and a high sense of responsibility during the period of performing
the assigned duties;
d) Exhibit polite,
courteous, cordial, open and good interpersonal conduct and behavior in
uniformity with workplace culture rules.
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a) Strictly and fully
comply with regulations laid down herein and other relevant laws;
b) Enable organizations
and individuals to initiate administrative procedures;
c) Instruct organizations
and individuals to initiate administrative procedures in a full, clear and
accurate manner; in case of having to make a request for amendments and/or
supplements to the submitted documentation, such request shall be made once
only;
d) Receive, digitize,
process or transfer documentation, monitor the handling of administrative
procedures for organizations and individuals in accordance with regulations;
update the received documentation to management software and grant
documentation codes to requesters;
dd) Proactively advise
and propose initiatives for reform of the handling of administrative
procedures; promptly detect and petition competent authorities and persons to
amend, change or cancel or abolish regulations on administrative procedures in
breach of law, not feasible or inappropriate to actual situations of
ministries, central and local authorities;
e) Wear uniform or dress
according to the set dress codes and staff identity cards at work;
g) Take part in
professional, party, union meetings or gathering activities, assessment and
selection of emulation nominees and reward winners or persons subject to
sanctions at authorities appointing their staff to work for single-window
sections;
h) Comply with
regulations laid down in relevant laws.
3. Rights and benefits
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b) Have opportunities to
take domestic and overseas courses in political theories, state management,
foreign language, informatics and other fields in accordance with law;
c) Take compensatory
days-off (if they work overtime, on national holidays, Saturdays or Sundays);
d) Receive salaries,
allowances, bonuses and other compensation packages (if any) at the authorities
appointing them to work at single-window sections.
4. Terms of office of
cadres, civil servants and public employees appointed to work at single-window
sections
The Head of
personnel-managing authority shall decide the term of office of each official
or public employee appointed to work at the single-window section provided that
such term of office is not less than 12 months and is restricted to 36 months
each time, except the case specified in clause 8 of Article 12 herein.
Article
12. Responsibilities of competent authorities appointing cadres, civil
servants, public employees and employees
1. Appoint cadres, civil
servants, public employees and employees that meet standards prescribed in
clause 1 of Article 11 herein to work at single-window sections.
2. Provide guidance for,
urge and inspect cadres, civil servants and public employees who receive,
assess or cooperate in the assessment of relevant documentation; transfer such
documentation to competent authorities to handle inter-agency administrative
procedures; approve or submit administrative documentation to competent
authorities for approval and notify results of handling of administrative
procedures to organizations and individuals at single-window sections.
3. Cooperate with
single-window sections in designing the processes for handling of
administrative procedures in a detailed and explicit manner, and setting the
handling deadlines and steps to ensure that administrative procedures are
handled by the deadlines before submitting them to competent authorities to
seek their approval.
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5. Proactively send
single-window sections the written notification of reasons for the late
handling of administrative procedures, enclosed with written documents stating
apologies to organizations and individuals and other deadlines for notification
of handling results.
6. Punctually notify and
update changes in administrative procedures which are made known to the public
in writing or in an electronic form at single-window sections.
7. Provide information
related to their assigned duties in a full manner and protect all rights and
benefits of those staff members working for single-window sections.
8. Agree with
single-window sections on number and list of cadres, civil servants and public
employees appointed to work at single-window sections; formulate and develop
plans for assignment of substitute employees or replacement with personnel
under the management of single-window sections in order to continuously and
uninterruptedly receive documentation and notify documentation processing
results in case any of them takes leave, compensatory days-off, sick leave,
personal leave, training courses, goes on business trips or the number of
organizations and individuals initiating administrative procedures considerably
increases or decreases or is just a few. In case where the appointed
cadres, civil servants or public employees do not fulfill their assigned duties
or are ranked low in service satisfaction, they shall be replaced as requested
by single-window sections.
9. Every month, work with
single-window sections to account for fees and charges for initiation of
administrative procedures and other financial obligations collected at
single-window sections (if any).
10. Cooperate with heads
of single-window sections in assessing public employees on their performance during
their term of office at single-window sections in accordance with this Decree.
11. Ancillary service
providers shall appoint personnel who meet the standards specified in clause 1
Article 11 of this Decree and are subject to service contracts.
Article
13. Location of head offices and installation of equipment at single-window
sections
1. A single-window
section shall be located in a conspicuous place, must cover an area of land
appropriate for performing the assigned duties and dealing with the number of
transactions during the day.
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2. Equipment
a) Based on the nature of
assigned duties and current situations occurring at authorities and units,
standards and norms of machinery or equipment provided for state authorities,
Ministers, Heads of authorities, Chairpersons of all-level People's Committees
shall, under their respective jurisdiction, make decisions on equipment and
means intended for performing the assigned duties of single-window sections to
meet their staff members’ demands and shall apply information technology during
the period of conducting their operations;
b) At single-window
sections, it shall be necessary to save spaces for providing administrative
information and procedures; areas for supporting use of online public services;
areas for receiving documentation and notifying results which are divided into
specific-sector counters, including information counters or counters reserved
for the elderly, pregnant women, and people with disabilities according to
scale and area; provide the adequate number of waiting seats, writing desks and
computers with network connection available for organizations and individuals
coming to perform transactions and use public services online; install cameras
to monitor the entire working area of the single-window section connected
with superior state authorities and throughout the entire system; arrange
places for installation of equipment: e.g. queue number machines linked to
information systems for handling administrative procedures; touch screen
monitors helping organizations and individuals to search information,
administrative procedures and results of handling of administrative procedures
and show their satisfaction; equipment serving digitization of documentation
and documents; arrange areas for providing services prescribed in point g of
clause 1 of Article 8 herein.
Utility services are
encouraged to be integrated to support and meet the demands of organizations
and individuals when they come to perform transactions at single-window
sections.
Chapter
III
REMIT TO
RECEIVE AND STEPS IN HANDLING OF ADMINISTRATIVE PROCEDURES
Article
14. Remit to receive administrative procedures at single-window sections
1. Ministerial-level
Document Receipt and Response Divisions receive administrative procedures under
the single or interagency handling jurisdiction of authorities directly
controlled by ministries or ministerial-level authorities; Document
Receipt and Response Divisions at authorities and units affiliated to
ministries and ministerial-level authorities receive administrative
documentation and procedures under the single or interagency handling
jurisdiction of authorities thereof;
2. Provincial-level and commune-level
public administrative service centers receive administrative procedures
regardless of administrative boundaries within provinces, including:
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b) Administrative
procedures under the single or interagency handling jurisdiction of
commune-level People's Committees, Chairpersons of commune-level People's
Committees, specialized authorities affiliated to commune-level People's
Committees within provinces;
c) Administrative
procedures under the single or interagency handling jurisdiction of authorities
vertically organized at the localities.
d) Administrative
procedures under the handling jurisdiction of ministries and central
authorities assigning them to local authorities.
3. According to the
particular nature and management requirements of each sector, Ministers and
Heads of ministerial-level authorities and Chairpersons of provincial-level
People's Committees making decisions on administrative procedures shall not
receive such documentation at head offices of single-window sections specified
in clauses 1 and 2 of this Article, but must apply procedures for monitoring of
receipt and processing of documentation and notification of results of
processing of such documentation as provided herein, including the following
cases:
a) Administrative procedures
are initiated in a movable manner in accordance with laws;
b) Administrative
procedures prescribe persons subject to inspection and assessment may directly
receive and be notified of results of handling of administrative procedures at
the time and location of inspection and assessment outside of head offices of
single-window sections;
c) Administrative
procedures only prescribe how to initiate them by electronic means.
Article
15. Methods for submission of documentation and receipt of results of handling
of administrative procedures
Organizations and
individuals may submit documents and receive results of handling of
administrative procedures by the methods prescribed in legislative documents on
administrative procedures:
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2. By post as per the
Prime Minister’s regulations, or by using hired services provided by
enterprises, persons or authorization given in accordance with laws;
3. Online at the national
public service portal.
Article
16. Guidelines for preparation of documentation used for initiation of
administrative procedures
1. Guidelines shall be
given as follows:
a) Documents to be
submitted by organizations and individuals upon handling of administrative
procedures;
b) Information on
authorities having jurisdiction to handle administrative procedures;
c) Procedures and
deadlines for handling of administrative procedures;
c) Amounts and methods
for payment of taxes, fees, charges or other financial obligations (if any);
dd) Provision of
information and materials related to initiation of administrative procedures as
requested by organizations or individuals in accordance with laws.
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2. Guidelines shall be
given to organizations and individuals by the following methods:
a) In person at
single-window sections;
b) Guidelines given via
switchboard systems or special telephone numbers available for public uses;
c) Online guidelines
given on the national public service portal, or via social networks certified by
competent authorities;
d) Written guidelines
sent by post;
dd) Set of sample
completed forms, readily built instructional videos or by other methods.
Guidelines are stored at
single-window sections.
3. In case where the documentation
submitted for handling of administrative procedures does not contain documents
included in the list of publicly disclosed documents as provided in clause 1 of
this Article or the submitted documents have not provided sufficient
information according to forms or samples included in guidelines of competent
authorities, receivers of submitted documents for handling of administrative
procedures shall provide guidelines for representatives of organizations or
individuals to provide a single supplement fully and accurately.
Article
17. Receipt of documentation used for administrative procedures
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a) Check and authenticate
eID accounts of individuals and organizations via personal ID numbers of
Vietnamese citizens or ID numbers (or passport numbers or international travel
document numbers) of foreigners and ID numbers of organizations on ministerial-level/provincial-level
information systems for handling administrative procedures by connecting and
sharing data with the electronic identification and authentication system. In
case the organization or individual has not yet been issued with an eID account,
the documentation receiver at the single-window section shall provide guidance
for the individual or organization to create or assist them in creating a
level-01 eID account. In case of initiation of administrative procedures by
authorization, the created eID account is the eID account of the authorizing
organization/individual;
b) Inspect electronic
data of documentation components.
In case where
components of documentation used for administrative procedures already have
electronic data that are legitimate and can be connected/shared between
information systems for handling administrative procedures and national and
specialized databases, shared information systems, and the national public
service portal, organizations and individuals are not required to re-declare
information or re-submit documentation and documents; cadres, civil servants,
public employees, and employees at single-window sections shall check and
transfer them to the electronic administrative procedure documentation.
Upon receipt of
documentation, if it is detected that the information included in the
documentation is not consistent with electronic information, data and documents
included in national and specialized databases, physical documentation shall be
received; the information shall be revised according to specialized laws.
c) Inspect the accuracy
and adequacy of the documentation.
If the documentation is
not accurate and adequate in accordance with regulations, the documentation
receiver shall provide guidance for the representative of the
organization/individual to complete the documentation in accordance with clause
3 Article 16 of this Decree and clearly state reasons by using the request form
for amendment and completion of the submitted documentation;
In case of refusal to
receive the documentation, the documentation receiver shall clarify reasons by
using the form of refusal to process documentation intended for handling of
administrative procedures.
If the documentation is
accurate and adequate according to regulations, the cadre, civil servant,
public employee, or employee shall receive the submitted documentation and
prepare the note of receipt of documentation and appointment for notification
of results; make a photocopy of each type of document to convert it into an
electronic copy and use the granted personal digital signature to sign on the
electronic copy; take responsibility for the adequacy, integrity and accuracy
of the contents of the physical documentation, update it into the information
system for handling administrative procedures and transfer it to the competent
authority according to regulations of Article 18 of this Decree.
2. Regarding
documentation online submitted at the national public service portal, it shall
automatically respond to the organization/individual to record the online
submission of the documentation and transfer the documentation to the
ministerial-level/provincial-level information system for handling
administrative procedures. Within 02 hours from the time on which the national
public service portal responds to the organization/individual, the
ministerial-level/provincial-level information system for handling
administrative procedures shall provide notification for the documentation
receiver at the single-window section for review and inspection of the accuracy
and adequacy of the documentation.
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b) If the documentation
is adequate and accurate according to regulations, it shall be received and
transferred to the competent authority to be processed in accordance with
procedures specified in Article 18 of this Decree;
c) The cadre, civil
servant, public employee, or employee at the single-window section shall notify
official receipt of the documentation or request the organization/individual to
revise their documentation within 08 hours from the time on which the
information system for handling administrative procedures receives the
documentation or by the deadline prescribed by specialized law. Notification
shall be sent to the account of the organization/individual on the national
public service portal or by email or message on the national public service
portal.
3. The period of handling
administrative procedures begins from the time on which the adequate and valid
documentation is receive and shall be indicated in the note of document receipt
and appointment for notification of results. After being received successfully,
each administrative documentation will get a verification code inscribed in the
note of receipt of documents and appointment for notification of results.
Organizations and individuals may use verification codes to log in the national
public service portal to check the status of their submitted documentation.
4. If administrative
procedures require that handling results shall be notified immediately after
receipt and processing of documentation that is adequate, accurate or meets
receipt requirements, receivers at single-window sections are not required to
issue notes of receipt of documents and appointment for notification of
handling results, but shall input the status of documentation or handling
results into the single-window electronic information system; if persons
submitting documentation still demand notes of receipt of documents and
appointment for notification of handling results, these notes shall be provided
for them.
5. In case where cadres,
civil servants, public employees, or employees working at single-window
sections are assigned and authorized to handle administrative procedures by
competent authorities, regulations laid down in Article 19 herein shall be
observed, the status of documents and handling results shall be input into
information systems for handling administrative procedures.
Article
18. Transfer of documentation to competent authorities
Immediately after receipt
of the documentation required to initiate administrative procedures as provided
in Article 17 herein, cadres, civil servants, public employees, or employees
working at single-window sections shall transfer them to competent authorities
as follows:
1. Transferring data on
electronic documentation received online from organizations and individuals or
physical documentation digitized to competent authorities through the ministerial-level
or provincial-level information system for handling administrative procedures.
2. Promptly transferring
documentation directly received within the working day or transferring it at
the beginning of the following working day if the documentation is received
after 3 pm every day. In case of transfer of administrative procedure
documentation containing state secret containers among authorities by post, the
documentation shall be transferred through the postal network serving the
Communist Party and the State's authorities in accordance with regulations of
the Decision No. 37/2021/QD-TTg dated December 18, 2021 of the Prime Minister.
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1. After receipt of
documentation submitted for handling of administrative procedures, heads of
competent authorities shall assign cadres, civil servants or public employees
to consider assessing the documentation before seeking approval of results of
handling thereof.
2. Cadres, civil servants
or public employees shall check information included in electronic documents
transferred by single-window sections; extract and update electronic data and
information included in documents to information systems, databases, and input
digital signatures of authorities and organizations into certified copies of
documentation components that are results of handling of administrative
procedures or document components digitized according to regulations of
specialized laws under the management of authorities or units.
Electronic data included
in a document shall contain at least information, including document type code;
ID number of the organization or individual; full name, year of birth, date of
issue and issuing authority in case where the individual does not have his/her
personal ID number,; name of document; synopsis of the document; validity
period; scope of validity (if any). Other information and data shall comply
with specialized laws.
3. In case administrative
procedures do not require any inspection or verification of documentation or
comments from relevant organizations and individuals, cadres, civil servants or
public employees assigned to process the submitted documentation shall carry
out verification and assessment thereof before seeking decisions from competent
authorities; shall input updated information into information systems for
handling administrative procedures; shall notify results of handling of
administrative procedures. After verification and assessment, if the
documentation is not eligible to be processed, the authority handling
administrative procedures shall return the documentation and notify in writing
reasons for refusal to process the documentation according to the form of
refusal to process documentation to the organization or individual through the
single-window section. The notification shall be input into the result return
section of the information system for handling administrative procedures. The
notification period shall be included in the prescribed period of processing
the documentation.
4. In case where
assessment and verification of the submitted documentation or comments from
relevant authorities and units are legally required
a) Cadres, civil servants
or public employees assigned to process the documentation shall inspect and verify
the documentation according to regulations. The process of inspection and
verification shall be documented and fully filed in information systems for
handling administrative procedures. In case where it is obliged that the
organization or individual shall be present to inspect and verify the submitted
documentation, the authority handling administrative procedures shall send
notification, specifying time, location, components and contents to be verified
to the organization or individual through their account or email or automatic
message on the national public service portal;
b) Comments from relevant
authorities and units shall be collected by sending electronic documents,
including contents, comment collection period and response methods through information
systems for handling administrative procedures or physical documents as per
law;
c) Authorities and units
required to give their comments shall give their comments in writing within the
permissible period and assume their responsibilities for the given comments. In
case such authorities and units have not sent any comments by the deadline,
authorities or units presiding over processing documentation shall notify heads
of single-window sections transferring the documentation that need to be commented
on of such delay to request their cooperation in taking appropriate actions in
accordance with regulations;
d) The entire process of
assessment, verification, and collection of comments (including information on
authorities collecting comments, authorities having their comments collected,
contents, and deadlines) and results (including results of assessment,
verification and response from relevant authorities and units) shall be
digitized, fully, accurately, and promptly updated to information systems for
handling administrative procedures, unless
otherwise prescribed by the law.
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6. Regarding
documentation expected to be processed after the defined deadline, no later
than 01 day before the deadline, the authority/unit having jurisdiction to
process the documentation shall notify the single-window section in writing and
send a letter of apology to the organization/individual which clearly states
reasons for late submission, time length of required extension for notification
of results by using the form of request for extension. Another deadline for
notification of results shall be reset only once.
According to the form of
request for extension, the single-window section shall update the new deadline
for notification of results on the information system for handling
administrative procedures and at the same time send a notification to the
organization or individual by an email, text message, phone call or via the
social network (if any) endorsed by the competent authority.
Article
20. Receipt of administrative procedures regardless of administrative
boundaries
1. Receipt of
documentation used for initiation of administrative procedures under the
handling jurisdiction of administrative authorities at different levels
a) Provincial-level and
commune-level public administration service centers that receive documentation
in accordance with regulations of Article 17 of this Decree, shall immediately
transfer the electronic documentation to competent authorities to process the
documentation, and information on the documentation on information systems for
handling administrative procedures to single-window sections of competent
authorities to monitor and urge the documentation processing, and physical
documents to competent authorities within 01 working day from the date of
receipt of the documentation.
b) Competent authorities
shall process the documentation according to Article 19 of this Decree and
transfer results to provincial-level and commune-level public administration
service centers that receive the documentation from organizations/individuals
to notify results according to notes of document receipt and appointment for
notification of results.
2. Receipt of
documentation used for initiation of administrative procedures under the
handling jurisdiction of administrative authorities at the same level
a) In case an
organization or individual submits physical documentation, the provincial-level
or commune-level public administration service center shall determine the order
of authorities having the processing jurisdiction, and transfer electronic and
physical documentation to the presiding authority. The presiding authority
shall be responsible for processing and transferring the electronic and
physical documentation digitized and results under its jurisdiction (if any) to
the next competent authority by using the
documentation transfer form that clearly states work contents and deadline for
processing the documentation imposed on specific authorities; input updated
information about processing of documentation and information about transfer of
documentation into the information system for handling administrative
procedures.
Competent entities shall
immediately process documentation after receipt of the electronic
documentation, and transfer results and documentation to the next competent
authority according to the defined order; after the terminal competent
authority completely processes the documentation, it shall transfer results and
attached documentation to the presiding authority; the presiding authority
shall transfer results of handling of administrative procedures to the
provincial-level or commune-level public administration service center that
receives the documentation to notify the organization/individual of results;
input updated information about the status and results of processing of the
documentation in an interagency manner into the information system for handling
administrative procedures;
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Article
21. Suspension of administrative procedures
1. Organizations and
individuals submitting documentation in person or by post are entitled to
request suspension of administrative procedures from the time on which they
receive notes of receipt and notification of results of submission of valid
documentation until competent authorities/organizations issue decisions to
handle administrative procedures or written notifications of results of
handling of administrative procedures are given; unless otherwise prescribed by
the law. Physical documentation, fees and charges (if any) shall be returned
according to regulations of specialized laws.
2. Organizations and
individuals submitting documentation online are entitled to request suspension
of administrative procedures or revision to the documentation through functions
of the national public service portal from the time on which the national
public service portal successfully receives the documentation until competent
authorities/organizations issue decisions to handle administrative procedures
or written notifications of results of handling of administrative procedures
are given. Physical documentation, fees and charges (if any) shall be returned
according to regulations of specialized laws.
3. Ministerial-level and
provincial-level information systems for handling administrative procedures
shall fully store status of processing of the documentation and suspension of
administrative procedures.
Article
22. Return of documentation, notification of results of handling of administrative
procedures and storage of documentation used for administrative procedures
1. Results of handling of
administrative procedures shall be submitted to competent authorities for
digital signature and issuance in accordance with regulations of law on
management of records to return physical and electronic documentation to
organizations and individuals, except for cases where administrative procedures
only prescribe notification of electronic results or organizations and
individuals only request electronic results or unless otherwise prescribed by
the law.
When administrative
procedures are successfully handled, documentation and documents that are
digitized and valid during receipt and handling of administrative procedures
may be used for other administrative procedures.
2. Results of handling
administrative procedures notified to organizations and individuals shall be
adequate in accordance with regulations. In case authentic or original copies
of the documentation have been submitted for photocopying, scanning, collation
or validation purposes, competent authorities shall return these authentic or
original copies to organizations or individuals; the return time shall be
prescribed in specialized laws.
3. Cadres, civil
servants, public employees or employees at single-window sections shall notify
results of handling administrative procedures to organizations and individuals
within the period, in locations and by the methods stated in notes of document
receipt and appointment for notification of results. Results of handling
electronic administrative procedures shall be notified to organizations and
individuals through the national public service portal, except for cases where
organizations and individuals shall receive results of handling administrative procedures
in person as per specialized laws.
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Documentation code
includes ID number of the individual or organization and document type code
which is used consistently with the result type code on the database of
administrative procedures.
5. It shall be advised
that results of handling of administrative procedures should be notified by the
prescribed deadline. The notification of results of handling of administrative procedures
by the prescribed deadline shall be informed by single-window sections to
organizations/individuals in advance by text messages, emails, phone calls or
via social networks licensed by competent authorities.
6. Documentation used for
administrative procedures shall be stored in accordance with regulations of the
law on storage and the law on data.
Article
23. Responsibilities of relevant authorities, organizations and individuals for
handling of documentation, results that are incorrect, lost, missing or damaged
and late notification of results
1. When receiving results
of handling administrative procedures, organizations and individuals shall
inspect such results. In case any error in results is caused by fault on the
part of cadres, civil servants, public employees, employees or competent
authorities, single-window sections shall return the documentation, results and
information that are erroneous to competent authorities or persons for
correction, and within 03 working days, the corrected results shall be
transferred to single-window sections to return them to organizations and
individuals. Cadres, civil servants, public employees and employees working for
competent authorities shall incur costs for correction as per law.
2. If the documentation
is lost, goes missing or is damaged during the period of handling of
administrative procedures, relevant authorities, organizations and individuals
shall be responsible for cooperating with organizations or individuals owning
documentation documents that have been lost, gone missing or are damaged and
other competent authorities in taking remedial actions; identifying
authorities, organizations and individuals at fault to charge them with paying
all costs incurred from applying for reissuance of documentation and documents
and ascribe other related responsibilities and apologizing organizations or
individuals for such incident. In case loss, mislaying or damage of documents
is related to violations against law, depending on the nature and seriousness
of these violations, organizations or individuals shall be handled prescribed
by laws.
3. If documentation on
results of handling of administrative procedures which are returned by the
methods specified in clause 2 Article 15 of this Decree are lost, mislaid or damaged,
actions regulated by relevant laws shall be imposed.
Article
24. Methods for paying fees and charges and fulfilling other financial
obligations
1. Organizations and
individuals shall be responsible for paying fees and charges for handling of
administrative procedures and fulfilling other financial obligations that have
already been regulated (if any) according to the following methods:
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b) Online by using the
payment function of the national public service portal and other valid
payment platforms;
c) Other methods as per
law.
2. In case payments are
not made directly, documents evidencing payments or wire transfers of fees and
charges for handling of administrative procedures or receipts (if any) shall be
enclosed with documentation sent to authorities or persons having jurisdiction
to handle administrative procedures, except for cases where fees and charges
are determined and paid after receipt of documentation used for administrative
procedures from organizations and individuals.
3. In case of online
payment, authorities/organizations receiving the amounts shall pay all amounts
collected from charges to the state budget by the deadline prescribed by
specialized laws; and all amounts collected from fees during the period to the
pending fee account according to regulations of specialized laws. In case
regulations of specialized laws are not available, the amounts shall be paid to
the state budget within 08 (eight) working hours from the time of payment,
except for cases of payment via the National Interbank Electronic Payment
System, according to regulations on working hours applicable to this System.
Taxes and social insurance premiums shall be paid in accordance with laws on
tax and social insurance.
Chapter
IV
APPLICATION
OF INFORMATION TECHNOLOGY TO HANDLING OF ADMINISTRATIVE PROCEDURES
Article
25. Principles of application of information technology to handling of
administrative procedures
1. Ensure consistency,
effectiveness, uniformity, avoidance of overlapping or extravagance in
investment in construction of information technology infrastructure from the
central level to the grassroots level.
2. Comply with the
national EA framework for digital transformation; national technical
regulations on identity code structure and formats of data packets intended for
connection with document management systems; national technical regulations on
structure of data message that citizens exchange with the national population
database.
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4. Comply with laws on
investment, construction, information technology, records, archives,
information safety and cybersecurity as well as other regulations of relevant
laws.
Article
26. Establishment of the national public service portal
1. Establishment of the
national public service portal shall meet the following requirements:
a) Become a hub providing
information on administrative procedures and online public services of
ministries, central and local authorities nationwide; enabling organizations
and individuals to use online public services, pay fees, charges and fulfill financial
obligations online, search information, monitor the status of handling of
administrative procedures and look up results of handling of administrative
procedures, results of assessment of handling of administrative procedures;
publicly announcing status and results of handling of administrative procedures
and online public services of ministries, central and local authorities.
b) Allow organizations or
individuals to register user accounts through connection and integration with
the electronic identification and authentication system built and operated by
the Ministry of Public Security; provide Single-Sign-On function and user
authentication mechanisms for initiation of administrative procedures and use
of online public services provided by ministries, authorities, provincial-level
People's Committees on the national public service portal;
c) Provide the function
of formulation of electronic interactive forms on the basis of integration with
shared national and specialized databases so that ministries and local
authorities access and use such forms, ensuring that online public services are
consistently and synchronously provided;
d) Provide the function
of management of shared lists to share them with ministerial-level and
provincial-level information systems for handling administrative procedures and
shared information systems and databases of state authorities serving handling
of administrative procedures, including list of administrative procedures; list
of online public services; list of administrative units and authorities; list
of sectors and fields; list of results of handling of administrative
procedures; list of revenues and payments to the state budget when initiation
of administrative procedures; and list of commercial banks and intermediary payment
service providers;
dd) Support
administration and devolution of powers to manage senior accounts of
ministries, central and local authorities; manage data and professional
operations of subsystems;
e) Conduct final review
and compile statistics on receipt of documentation and status of handling of
administrative procedures as requested by competent authorities;
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h) Meet other requirements
as decided by the Prime Minister.
2. The national public
service portal include the following components:
a) National database of
administrative procedures;
b) System for receiving and
responding to feedback and recommendations from organizations and individuals;
c) Electronic
authentication and identification exchange system
d) Online payment system;
dd) System for assessing
the handling of administrative procedures by ministries, central and local
authorities;
e) System for supporting
resolution of common problems during the handling of administrative procedures;
g) Interface;
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i) Artificial
intelligence platform assisting cadres, civil servants and public employees;
individuals and organizations to initiate administrative procedures and use
online public services;
k) Data analysis platform
serving the direction and administration by the Government, the Prime Minister,
Ministers, Heads of ministerial-level authorities, Chairpersons of
provincial-level People's Committees and assessing status of handling of
administrative procedures and provision of public services by ministries,
central and local authorities.
l) Other components as
requested by the Government and the Prime Minister.
3. The Minister and Head
of the Government’s Office shall issue regulations on data information
connected and shared between the national public service portal and information
systems for handling administrative procedures and shared databases owned by
state authorities serving the handling of administrative procedures by
ministries, central and local authorities.
Article
27. Establishment of ministerial- and provincial-level information systems for
handling administrative procedures
1. Ministerial- and
provincial-level information systems for handling administrative procedures
shall be consistently and uniformly established to support handling,
supervision and assessment of quality of initiation of administrative
procedures under the respective jurisdiction of ministries, ministerial-level
authorities and People's Committees at all levels.
2. Ministerial- and
provincial-level information systems for handling administrative procedures
shall meet the following requirements
a) Ensure consistency in
investment and construction and adhere to the principle that each ministry,
central or local authority only has one information system for handling
administrative procedures under the respective jurisdiction of ministries,
ministerial-level authorities and People's Committees at all levels;
b) Ensure capabilities of
integrating data with the national public service portal, the national database
of administrative procedures, national and specialized databases and
electronic identification and authentication systems to receive administrative
procedure documentation submitted online by individuals and organizations on
the national public service portal, retrieving the list of shared data
specified in point d, clause 1, Article 26 of this Decree and sharing data
which serve handling of administrative procedures by ministries,
ministerial-level authorities and provincial-level People's Committees;
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d) Fully synchronize
information on and status of reception, handling and results of handling of
administrative procedures with the national public service portal;
dd) Meet other
requirements as per law.
3. Ministries, central
and local authorities shall take charge of converting physical documentation
used for handling of administrative procedures into electronic documentation
and establishing electronic processes for handling administrative procedures on
information systems for handling administrative procedures, and assume their
responsibilities for securing and storing information on organizations and
individuals, except for cases where such information must be provided for
competent authorities as prescribed by law.
4. Ministries and central
authorities shall connect and share data between national and specialized
databases and information systems under their management and the national
public service portal and ministerial- and provincial-level information systems
for handling administrative procedures according to regulations of law to
authenticate information for organizations and individuals and serve the
handling of administrative procedures.
5. Ministry of Science
and Technology
Issue regulations on
requirements and technical features of ministerial- and provincial-level
information systems for handling administrative procedures
Article
28. Code of documentation used for administrative procedures
1. Codes shall be
automatically granted by information systems for handling administrative
procedures and used uniformly in transactions between competent authorities and
units and organizations or individuals and among competent authorities.
2. Structure of the code
of documentation used for initiation of administrative procedures shall be
regulated as follows:
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ID code structure shall
comply with regulations on authorities and organizations’ electronic ID codes
which are used to connect and share data with ministries, central and local
authorities;
b) Series of natural
numbers, including date (dd/mm/yyyy) of receipt and ordinal numbers of received
documentation within the day.
Chapter
V
ASSESSMENT
OF HANDLING OF ADMINISTRATIVE PROCEDURES
Article
29. Assessment principles
1. Ensure objectivity,
truthfulness, accuracy, scientism, transparency, public disclosure, fairness,
equality and compliance with law during assessment and announcement of
assessment results
2. Consider satisfaction
of organizations and individuals with the quality and progress of handling of
administrative procedures, results of and effectiveness in performance of the
assigned duties as a measure of a successful assessment.
3. Ensure the
confidentiality of information about information providers and cooperate in
conducting opinion surveys.
Article
30. Assessment jurisdiction
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2. Organizations or
individuals coming to initiate administrative procedures have jurisdiction to
assess the quality of handling of administrative procedures.
3. Authorities and
persons having jurisdiction to handle administrative procedures shall be
entitled to carry out the self-assessment of their handling.
4. The Government’s
Office has jurisdiction to assess provision of assistance by ministries,
central and local authorities for organizations and individuals in initiating
administrative procedures.
Article
31. Methods of collection of assessment information
1. Information used for
assessment of quality of handling of administrative procedures shall be
acquired and collected by one or some of the following methods:
a) Regular and periodic
assessment forms;
b) Electronic assessment
devices installed at single-window sections;
c) Online assessment
functions provided by the national public service portal;
d) Surveillance camera
systems at single-window sections;
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e) Other legal methods.
2. Assessment information
specified in clause 1 of this Article shall be connected to information systems
for handling administrative procedures and shall be publicly posted on the
national public service portal. Offices of ministries, ministerial-level
authorities and provincial-level public administrative service centers shall
consolidate information and conduct assessment according to the criteria
referred to in Articles 32 and 33 herein
3. Authorities, units and
organizations assigned to acquire and collect assessment information shall be
held responsible to encourage, instruct and support disadvantageous people such
as women, poor people, ethnic people or disabled people who participate in
submission of assessment opinions.
Article
32. Assessment of handling of administrative procedures by competent
authorities
1. Criteria for
assessment of handling of administrative procedures by competent authorities
include:
a) Publicness and
transparency;
b) Progress and results
of handling of administrative procedures;
c) Documentation
digitization;
d) Provision of online
services;
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e) Other criteria as prescribed
by the Government and the Prime Minister.
2. Offices of ministries,
central authorities and provincial-level People’s Committees shall be
responsible for consolidating results of assessment carried out by software;
integrating assessment results with the system for assessing quality of
handling of administrative procedures of the national public service portal in
order to serve direction, administration, assessment of quality of handling of
administrative procedures, and provision of public services in real time;
publicly posting internal assessment results on websites of ministries, central
and local authorities and the national public service portal.
Article
33. Assessment of handling of administrative procedures by organizations and
individuals
1. Handling of
administrative procedures at competent authorities may be assessed by taking
into consideration assessment opinions of organizations and individuals on the
following matters:
a) Duration of
notification of results of handling and processing of documentation used for
administrative procedures compared to those specified in regulations or
requests made by presiding authorities;
b) The number of
authorities, units and organizations that must be contacted to complete
documentation used for administrative procedures;
c) The required number of
times of contact with documentation-receiving authorities for completion of
documentation used for administrative procedures;
d) Accuracy, adequacy and
timeliness of information about administrative procedures that may be
publicized in comparison with those specified in regulations in force;
dd) Behavior of cadres,
civil servants and public employees providing instructions about, receiving
documentation and handling administrative procedures;
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g) Time and quality of
explanations given by competent authorities and cadres, civil servants and
public employees about feedbacks, petitions, appeals and denunciations sent by
organizations and individuals;
h) Progress and quality
of provision of online public services by competent authorities;
i) Other matters as
assessed by organizations and individuals.
2. Public disclosure of
results of assessment obtained from organizations and individuals shall comply
with regulations in clause 2 of Article 32 herein.
Article
34. Handling of assessment results
1. Results of assessment
of satisfaction of organizations and individuals with handling of
administrative procedures by competent authorities may be publicized at
implementary authorities and on websites of authorities having jurisdiction to
handling administrative procedures.
2. Assessment results
shall serve as one of the standards for assessing accomplishment of duties
assigned to authorities and units receiving and handling administrative
procedures; determining responsibilities of individuals and heads of authorities
receiving and handling administrative procedures; shall prefer considering
promotion to a position, planning, training, education, commendation and
discipline of cadres, civil servants, public employees and employees.
Chapter
VI
DUTIES OF
MINISTRIES, CENTRAL AND LOCAL AUTHORITIES
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1. Government’s Office
a) Assist the Prime
Minister in expediting and inspecting implementation of this Decree at
ministries, central and local authorities;
b) Preside over and
cooperate with the Ministry of Home Affairs, the Ministry of Science and
Technology, the Ministry of Finance and ministries, central and local
authorities in developing and appealing to the Prime Minister to issue plans
for implementation of this Decree; providing instructions about, inspecting and
expediting establishment and operation of single-window sections of ministries,
ministerial-level authorities and all-level People's Committees;
c) Design and issue forms
used for implementation of single-window systems and inter-agency single-window
systems for handling of administrative procedures;
d) Set up function,
professional operation and interface requirements; manage and operate the
national public service portal, and provide assistance in and guidance for
ministries, central and local authorities on settlement of issues related to
functions, professional operations, and data of the national public service
portal; manage and devolve powers over senior administration accounts of
ministries, central and local authorities;
dd) Cooperate with
ministries, central and local authorities in providing professional training
for cadres, civil servants and public employees in implementation of
single-window systems and inter-agency single-window systems;
e) Recommend the Prime
Minister to issue rules on management, operation and access to the national
public service portal;
g) Prepare annual
assessment reports on handling of administrative procedures by ministries,
ministerial-level authorities, People’s Committees of provinces and cities and
submit them to the Government and the Prime Minister;
h) Preside over and
cooperate with the Ministry of Science and Technology and other relevant
ministries and central authorities in formulating and issuing uniform
regulations on codes of documentation used for administrative procedures and
codes of sectors or industries in which administrative procedures are involved
on ministerial-level or provincial-level information systems for handling
administrative procedures; provide guidance on digitization of documentation
and results of handling of administrative procedures during receipt and
handling of administrative procedures.
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a) Build and technically
manage the national service portal at the national data center, implement
measures for supervising and maintaining information security for the national
service portal; provide guidance for ministries, central and local authorities
on maintenance of information security for ministerial-level or
provincial-level information systems for handling administrative procedures;
b) Give guidance on and
develop connection of the national public service portal and information
systems for handling administrative procedures with national and specialized
databases through data sharing and cooperation platforms serving handling of
administrative procedures;
c) Connect the national
population database and the electronic identification and authentication system
with the national public service portal and ministerial-level and
provincial-level information systems for handling administrative procedures so
as to support citizen information authentication.
3. The Ministry of
Finance shall operate and connect the national enterprise registration database
with the national public service portal and ministerial-level and
provincial-level information systems for handling administrative procedures so
as to support enterprise information authentication.
4. The Ministry of Science
and Technology shall perform duties specified in clause 5, Article 27 of this
Decree.
5. Ministries and
ministerial-level authorities shall be responsible for implementing
single-window systems and inter-agency single-window systems at their ministries
and authorities as per law.
Article
36. Duties of ministers and heads of ministerial-level authorities
1. Direct implementation
of single-window systems and inter-agency single-window systems in accordance
with this Decree; build and manage information systems for handling
administrative procedures of ministries and central authorities.
2. Give direction to
update and publicly announce the list of administrative procedures to be
received and rejected at Document Receipt and Response Divisions under the
jurisdiction of ministries and central authorities; ministries and
ministerial-level authorities’ lists of administrative procedures compatible
with wholly and partially online public services on the national database of
administrative procedures, integrated and provided on the national public
service portal; the list of administrative procedures that ministries and
central authorities authorize provincial-level and commune-level People's
Committees to receive.
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4. Provide local
authorities with guidelines for handling of administrative procedures according
to the inter-agency mechanism under the management of ministries and central
authorities for uniform application thereof nationwide.
5. Direct formulation and
promulgation of internal processes and electronic procedures for handling of
specific administrative procedures under the jurisdiction of ministries and
central authorities to make sure that such processes and procedures are
consistently applied to performance of duties related to handling of
administrative procedures in quality management systems of authorities and
organizations.
6. Direct authorities
vertically organized at the localities to have the rights to receive, handle
and notify results of handling of administrative procedures at
provincial-level, district-level public administration service centers, and
cooperate with local state authorities in handling administrative procedures.
7. Make annual
recommendations about inter-agency administrative procedures, design and appeal
to the Government and the Prime Minister to issue procedures for the
interagency initiation of administrative procedures. Ministries and authorities
managing sectors authorized to receive and notify results of handling of
inter-agency administrative procedures shall announce inter-agency
administrative procedures after being promulgated by competent authorities.
8. Promptly direct,
correct and strictly punish heads of affiliates and cadres, civil servants and
public employees failing to strictly comply with regulations laid down herein
or committing violations related to provision of instructions, receipt,
handling and notification of results and assessment of handling of
administrative procedures.
9. Timely apply personnel
solutions to encourage cadres, civil servants and public employees working at
single-window sections on the basis of results of assessment of satisfaction of
organizations and individuals.
10. Assess, decide or
appeal to competent authorities to decide organization of receipt, processing
of documentation and notification of results of administrative procedures
regardless of administrative boundaries for administrative procedures for which
information and data serving review and assessment of documentation are fully
available in national and specialized databases or have been connected and
shared, except for cases where administrative procedures require field
inspection, assessment, inspection and appraisal at facilities.
11. On the basis of the
list of shared data specified in point d, clause 1, Article 26 of this Decree,
update or synchronize data under their management to serve the handling of
administrative procedures.
Article
37. Duties of People’s Committees at all levels
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2. Promulgate regulations
on specific functions, duties and powers of provincial-level, commune-level and
one-level public administration service centers within their jurisdiction in
accordance with regulations of this Decree and other relevant documents.
Article
38. Duties of Chairpersons of People’s Committees at all levels
1. Chairpersons of
provincial-level People’s Committees
a) Directly lead, direct,
inspect and expedite implementation of single-window systems and inter-agency
single-window systems at provinces according to regulations of this Decree and
rules on organization and operation of single-window sections promulgated by
same-level People's Committees;
b) Take responsibilities
to same-level People's Councils and senior-level state administrative
authorities for results and progress of handling of administrative procedures
by employing single-window systems and inter-agency single-window systems under
their jurisdiction in order to ensure initiation of administrative procedures
regardless of administrative boundaries within provinces.
c) Give direction to
update and publicly announce the list of administrative procedures allowing
receipt of documentation at provincial-level and commune-level public
administration service centers; local governments' lists of administrative
procedures compatible with wholly and partially online public services on the
national database of administrative procedures, integrated and provided on the
national public service portal;
d) Direct formulation and
promulgation of internal processes and electronic procedures for handling of
specific administrative procedures within provinces/communes to make sure that
such processes and procedures are consistently applied to performance of duties
related to handling of administrative procedures in quality management systems
of authorities and organizations and are uniformly implemented within provinces
and communes;
dd) Direct establishment
and uniform management of provincial-level information systems for handling
administrative procedures; promulgate regulations on management, operation and
access to provincial-level information systems for handling administrative
procedures; take charge of taking information safety and cybersecurity measures
according to instructions given by the Ministry of Public Security;
e) Direct provision of
full infrastructure and equipment for provincial-level and commune-level public
administration service centers according to regulations;
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h) Timely apply solutions
to encourage cadres, civil servants and public employees working at
provincial-level and commune-level public administration service centers on the
basis of results of assessment of satisfaction of organizations and
individuals.
2. Chairpersons of
commune-level People’s Committees
a) Directly direct
implementation of single-window systems and inter-agency single-window systems
at communes according to regulations of this Decree and rules on organization
and operation of commune-level public administration service centers
promulgated by same-level People's Committees;
b) Take responsibilities
to same-level People's Councils and senior-level state administrative
authorities for results and progress of handling of administrative procedures
by employing single-window systems and inter-agency single-window systems under
their jurisdiction;
c) Fully provide
infrastructure and equipment for commune-level public administration service
centers according to regulations;
d) Promptly correct and
strictly punish cadres, civil servants, public employees and employees
committing violations specified in this Decree;
dd) Apologize
organizations and individuals when cadres, civil servants, public employees
under their jurisdiction violate regulations on prohibited acts during the
process of handling of administrative procedures as provided herein, or annoy
people.
Chapter
VII
FUNDING AND
RESPONSIBILITIES FOR IMPLEMENTATION
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1. Funding for
implementation of single-window systems and inter-agency single-window systems
of ministries, ministerial-level authorities and local authorities shall be
included in annual estimates of recurrent expenditures on state management by
ministries, ministerial-level authorities and local authorities under laws on
state budget.
2. Funding for investment
in construction, renovation, repair, maintenance or lease of head offices of
single-window sections and information technology infrastructure shall be used
according to laws on public investment and shall comply with laws on bidding,
construction, information technology and other relevant legislation.
3. In addition to funding
provided by the state budget, ministries, ministerial-level authorities and
People’s Committees of provinces and cities may use other legitimate funding
sources for implementation of single-window systems and inter-agency
single-window systems under their management.
4. Funding for
application of single-window systems and inter-agency single-window systems at
public service providers, state enterprises and other authorities and
organizations shall be provided on their own.
Article
40. Implementation clauses
1. This Decree takes
effect from July 01, 2025. The Government’s Decree No. 61/2018/ND-CP dated
April 23, 2018 and the Government’s Decree No. 107/2021/ND-CP dated December
06, 2021 will cease to have effect from the effective date of this Decree.
2. Ministerial-level
public service portal shall continue to operate according to regulations in the
Government’s Decree No. 61/2018/ND-CP dated April 23, 2018 and shut down before
March 01, 2026.
3. Provincial-level
People's Committees that are experimentally applying the model of one-level
public administration service centers affiliated to provincial-level People's
Committees, on the basis of assessment of results of experimental application,
characteristics of population management, organization of urban life,
application of science, technology, innovation and digital transformation
within provinces, shall decide to establish one-level public administration
service centers according to regulations of point b, clause 2, Article 7 or
provincial-level and commune-level public administration service centers
according to regulations of point a, clause 2, points a, b, clause 3, Article 7
of this Decree.
4. Chairpersons of
provincial-level People's Committees shall promulgate lists of administrative
procedures to be initiated regardless of administrative boundaries within their
provinces according to roadmap to ensure that 100% of administrative procedures
regardless of administrative boundaries within their provinces will be
completely initated before December 31, 2025.
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“3. The Office of the
provincial-level People's Committee shall advise and assist the
provincial-level People's Committee to perform state management of control of
administrative procedures within the province. The provincial-level public
administration service center affiliated to the Office of the provincial-level
People's Committee shall advise and assist the Chief of Office of the People's
Committee of province or city to organize control of administrative procedures.
At localities where
one-level public administration service centers affiliated to the
provincial-level People's Committee are established, they shall advise and
assist the People's Committee, the Chairperson of the People's Committee to
perform state management of control of local administrative procedures.”
6. Clause 2 Article 6 of
the Government's Decree No. 92/2017/ND-CP dated August 07, 2017 shall be
amended as follows:
“2. The People's
Committee of province or city shall re-organize the provincial-level public
administration service center on the basis of merger between the
provincial-level public administration service center and the administrative
procedure control division to perform state management of control of
administrative procedures, reform administrative procedures and implement
single-window systems and inter-agency single-window systems during the period
of handling of administrative procedures in accordance with regulations of law
and the Decree on initiation of administrative procedures by employing
single-window system and inter-agency single-window system at single-window
section and national public service portal.”.
7. Some regulations in
the Government’s Decree No. 42/2022/ND-CP dated June 24, 2022 shall be amended
and annulled as follows:
a) Clause 1 Article 12
shall be amended as follows:
“1. The list of and
information about online public services shall be updated on the national
database of administrative procedures and regularly and continuously
synchronized with ministerial-level and provincial-level information systems
for handling administrative procedures.”;
b) The phrase “Cổng dịch
vụ công cấp bộ, cấp tỉnh” (ministerial-level/provincial-level public service
portals) in point c clause 1 Article 4 shall be annulled;
c) Article 13 shall be
annulled.
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a) The phrase “Cổng dịch
vụ công cấp bộ, cấp tỉnh” (ministerial-level/provincial-level public service
portals) in point b clause 1 Article 5, clause 3 Article 11, clause 1, point a
clause 2 Article 12 shall be annulled;
b) The phrase “hoặc Cổng
dịch vụ công cấp bộ, cấp tỉnh” (or ministerial-level/provincial-level public
service portals) in clause 1, clause 4 Article 8, clause 1 Article 11, point b
clause 2 Article 12, point d clause 8 Article 13 shall be annulled;
c) The phrase “Cổng dịch
vụ công cấp bộ, cấp tỉnh” (ministerial-level/provincial-level public service
portals) shall be replaced by the phrase “Hệ thống thông tin giải quyết thủ tục
hành chính cấp bộ, cấp tỉnh” (ministerial-level/provincial-level information
systems for handling administrative procedures) in clause 11 Article 3, clause
3 Article 8, clause 1, clause 2, clause 7, clause 8 Article 13, clause 2,
clause 3, clause 4 Article 16, clause 5 Article 23;
d) The phrase “Cổng dịch
vụ công cấp bộ, cấp tỉnh, Hệ thống thông tin một cửa điện tử cấp bộ, cấp tỉnh”
(ministerial-level/provincial-level public service portals,
ministerial-level/provincial-level electronic single-window information
systems) shall be replaced by the phrase “Hệ thống thông tin giải quyết thủ tục
hành chính cấp bộ, cấp tỉnh” (ministerial-level/provincial-level information
systems for handling administrative procedures) in point a clause 2 Article 11;
b) The phrase “Cổng dịch
vụ công cấp tỉnh” (provincial-level public service portals) shall be replaced
by the phrase “Cổng Dịch vụ công quốc gia” (the national public service portal)
in clause 1 and clause 4 Article 27;
e) Clause 1 Article 16
shall be annulled;
Article
41. Responsibility for implementation
1. The Government’s
Office shall provide guidance on, monitor, urge and inspect the implementation
of this Decree; and send annual or ad hoc reports to the Government and the
Prime Minister.
2. Ministers, Heads of
ministerial-level authorities, Heads of Governmental authorities, Chairpersons
of People's Committees of provinces and cities, and relevant authorities,
organizations and individuals shall be responsible for implementing this
Decree.
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ON BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Nguyen Hoa Binh