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THE PRIME MINISTER
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No. 181/2003/QD-TTg
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Hanoi, September 4, 2003
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DECISION
PROMULGATING THE REGULATION ON IMPLEMENTATION
OF “ONE-DOOR” MECHANISM IN LOCAL STATE ADMINISTRATIVE AGENCIES
THE PRIME MINISTER
Pursuant to the December 25, 2001 Law on Organization of the
Government;
Pursuant to the Government’s Resolution No. 38/CP of May 4, 1994 on reforming
for one further step the administrative procedures in settling citizens’ and
organizations’ problems;
Pursuant to the Prime Minister’s Decision No. 136/2001/QD-TTg of September 17,
2001 approving the overall program on State administrative reform in the
2001-2010 period;
At the proposal of the Minister of Home Affairs,
DECIDES:
Article 1.- To promulgate together with this Decision the
Regulation on implementation of “one-door” mechanism in local State
administrative agencies.
Article 2.- This Decision takes implementation effect 15
days after its publication in the Official Gazette.
The Minister of Home Affairs
shall have to monitor and examine the implementation of this Decision.
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PRIME MINISTER
Phan Van Khai
REGULATION
ON IMPLEMENTATION OF “ONE-DOOR” MECHANISM IN
LOCAL STATE ADMINISTRATIVE AGENCIES
(Promulgated together with the Prime Minister’s Decision No. 181/2003/QD-TTg
of September 4, 2003)
Chapter I
GENERAL PROVISIONS
Article 1.- This Regulation prescribes the application and
implementation of “one-door” mechanism as well as the process of settling
problems according to “one-door” mechanism in local State administrative
agencies.
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2. The implementation of
“one-door” mechanism aims to create a substantial change in the relationships
and problem-settling procedures between State administrative agencies and
organizations as well as citizens, reduce troubles for organizations and
citizens, combat red-tape, corruption and authoritarianism among State
officials and employees, and raise the effectiveness and efficiency of the
State management.
Article 2.- “One-door” mechanism is applied in local State
administrative agencies, concretely the provincial/municipal People’s
Committees (the provincial/municipal Services and Departments as well as
Offices of the People’s Councils and People’s Committees); the People’s
Committees of rural and urban districts as well as provincial towns and cities;
and the People’s Committees of communes, wards and district townships.
Article 3.- “One-door” mechanism is implemented on the
following principles:
1. Administrative procedures
being simple, clear and lawful;
2. Publicizing administrative
procedures, charges, fees and time for settling organizations’ and citizens’
problems;
3. Receiving requests and
returning results at the request-receiving and result-returning sections;
4. The coordination among
relevant sections in settling organizations’ and citizens’ problems being the
responsibility of the State administrative agencies;
5. Ensuring the speedy and
convenient settlement of organizations’ and citizens’ problems.
Article 4.- “One-door” mechanism is implemented in the
following domains:
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2. In rural and urban districts
as well as provincial towns and cities: The granting of business registration
certificates to individual business households, the granting of construction
permits, the granting of dwelling house ownership and land use right
certificates, household registration, notarization and social policies.
3. In communes, wards and
district townships: The construction of dwelling houses, land, civil status,
and authentication.
Article 5.- Apart from the provisions in Article 4, the
presidents of the provincial/municipal People’s Committees shall base
themselves on the practical situation in their respective localities to decide
on the selection of other working domains for the application of “one-door”
mechanism.
Chapter II
RESPONSIBILITIES TO IMPLEMENT “ONE-DOOR” MECHANISM
Article 6.- The presidents of the provincial/municipal
People’s Committees shall have the responsibilities:
1. To issue decisions on the
application of “one-door” mechanism to various working domains at local
administrations of different levels according to the provisions of Articles 4
and 5 of this Regulation.
2. To uniformly prescribe the
procedures and order for settling problems of the types eligible for the
application of “one-door” mechanism on the basis of law observance, and at the
same time annul the unnecessary regulations promulgated by localities, which
cause troubles to organizations and/or citizens.
3. To prescribe the time volumes
for settling different problems, the charges and fees to be collected according
to law provisions.
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1. To promulgate working
regulations which prescribe the process of transferring, processing, submitting
for signing, and returning dossiers to the request-receiving and
result-returning sections; the responsibilities of relevant sections in implementing
the “one-door” mechanism; and the responsibilities of State officials and
employees working in the request-receiving and result-returning sections.
2. To publicly post up
regulations, administrative procedures, charges, fees and time for settling various
problems at the request-receiving and result-returning sections.
3. To arrange State officials
and employees to work in request-receiving and result-returning sections who
have high qualifications, good moral qualities and capability to communicate with
organizations and citizens. State officials and employees working in
request-receiving and result-returning sections must wear State officials’ and
employees’ cards with their full names and titles clearly inscribed. On their
working desks there must be boards clearly inscribed with types of problems to
be settled, for example, that related to land, construction, notarization or
business registration,…
4. To arrange working rooms of
the request-receiving and result-returning sections with appropriate and
adequate working conditions.
5. To provide training on
professional and communication skills for the contingent of State officials and
employees directly working in the request-receiving and result-returning
sections.
6. To apply appropriate forms of
notification and propagation so that organizations and citizens are aware of
the operations under “one-door” mechanism in their respective localities.
Article 8.- The request-receiving and result-returning
sections in the provincial-level Services and Departments shall be located in
the Administrative and General Affairs Bureaus and subject to the management by
the Administrative and General Affairs Bureaus.
The district-level
request-receiving and result-returning sections shall be located in the Offices
of the district-level People’s Councils and People’s Committees and subject to
the management by the Offices of the district-level People’s Councils and
People’s Committees.
The commune-level
request-receiving and result-returning sections shall be located in the Offices
of the commune-level People’s Councils and People’s Committees and subject to
the management by the Offices of the commune-level People’s Councils and
People’s Committees.
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Article 10.- Fundings for the implementation of “one-door”
mechanism shall be estimated by relevant agencies and allocated from the State
budget.
Chapter III
PROCESS FOR SETTLING PROBLEMS ACCORDING TO “ONE-DOOR” MECHANISM
Article 11.- Organizations and citizens requesting the
settlement of their problems shall directly contact the request-receiving and
result-returning sections.
Article 12.- State officials and employees working in the
request-receiving and result-returning sections shall have to consider
organizations’ and/or citizens’ requests and dossiers:
1. To receive dossiers and issue
the receipts thereof, make appointments for returning results according to
regulations. If dossiers are incomplete under the regulations, to provide
detailed guidance for organizations and citizens to supplement and complete
them.
2. In cases where organizations’
and/or citizens’ requests fall beyond their scope of settlement, to guide such
organizations and/or citizens to go to competent State agencies for settlement.
Article 13.- The request-receiving and result-returning
sections shall have to transfer organizations’ and/or citizens’ dossiers to
relevant functional sections for settlement.
Article 14.- Relevant sections shall have to settle
organizations’ and/or citizens’ dossiers transferred by the request-receiving
and result-returning sections, submit them to competent leaders for signing and
transfer them back to the request-receiving and result-returning sections strictly
within the prescribed time limit.
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Article 16.- In cases where dossiers are settled not within
the committed time limit, the request-receiving and result-returning sections
shall have to notify the concerned organizations and citizens of the reasons
therefor and make new appointment for returning the results.
Chapter IV
IMPLEMENTATION PROVISIONS
Article 17.- The presidents of the People’s Committees of
the provinces and centrally-run cities shall have to direct and organize the
implementation of “one-door” mechanism as from January 1, 2004 for the
provincial and district levels and from January 1, 2005 for the commune level;
and annually make a final review and evaluation thereof and send reports
thereon to the Ministry of Home Affairs for summing-up and further report to
the Prime Minister.
Article 18.- The Minister of Home Affairs shall assume the
prime responsibility and coordinate with the concerned ministries and branches
in monitoring and examining the implementation of this Regulation.
In the course of implementation,
if any difficulties or problems arise, the provincial/municipal People’s
Committees should promptly report them to the Ministry of Home Affairs for
consideration and settlement.
PRIME MINISTER
Phan Van Khai
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