THE
GOVERNMENT
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|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
48/2013/ND-CP
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Hanoi, May 14,
2013
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DECREE
AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF DECREES RELATING TO
CONTROL OF ADMINISTRATIVE PROCEDURES
Pursuant to the Law on Government
organization dated December 25, 2001;
Pursuant to the Labor on the
promulgation of legal documents dated June 03,
2008;
At the proposal of the Minister of
Justice;
The Government promulgates the
Decree amending and supplementing a number of articles of the Government's
Decree No. 63/2010/ND-CP dated June 08, 2010 on controlling administrative
procedures; the Government’s Decree No.20/2008/ND-CP dated February 14, 2008 on
receipt and handling feedback and proposals of individuals and organizations on
administrative regulations; the Government’s Decree No. 36/2012/ND-CP dated
April 18, 2012 defining the functions, tasks, powers and organizational
structure of Ministries and Ministerial-level agencies and the Government’s
Decree No. 55/2011/ND-CP dated July 04, 2011, defining functions, tasks, powers
and apparatus organization of legal affair organizations
Article 1. To
amend, supplement, annul a number of articles, clauses of the Government's
Decree No. 63/2010/ND-CP dated June 08, 2010 on controlling administrative
procedures as follows:
1. To amend Article 5:
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1. The Ministry of Justice shall assist
the Government in unified state management on controlling administrative
procedures.
Department of controlling
administrative procedures under the Ministry of Justice have function advising,
assisting the Minister of Justice in state management on controlling
administrative procedures.
2. Legal affair organizations of
Ministries, Ministerial-level agencies have function advising, assisting the
Ministers, heads of Ministerial-level agencies in state management on
controlling administrative procedures within scope or fields, sectors under
their management.
Divisions of controlling
administrative procedures under Legal affair organizations of Ministries,
Ministerial-level agencies have function advising, assisting heads of
Legal affair organizations in controlling administrative procedures.
3. The provincial Departments of
Justice shall advice, assist People’s Committees of central-affiliated cities
and provinces in state management on controlling administrative procedures at
their localities.
Divisions of controlling
administrative procedures under the provincial Departments of Justice shall
have function advising, assisting Directors of provincial Departments of
Justice in controlling administrative procedures.
4. The Minister of Justice shall
specify functions, tasks, powers and organizational structure of Department of
controlling administrative procedures; assume the prime responsibility for, and
coordinate with the Minister of Home Affairs in guiding functions, tasks,
powers, organizational structure and payroll of Divisions of controlling
administrative procedures under the Legal affair organizations of Ministries,
Ministerial-level agencies and the provincial Departments of Justice.”
2. To amend Article 9:
“Article 9. Contribution of
opinions on regulations on administrative procedures in projects, draft legal documents
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a. The Ministry of Justice shall give
opinions on administrative procedures prescribed in projects on legal documents
which the Government may submit to National Assembly, the National Assembly
Standing Committee, draft legal documents under the promulgation competence of
the Government, the Prime Minister;
b. The legal affair organizations of
Ministries, Ministerial-level agencies shall give opinions on administrative
procedures in draft legal documents under the promulgation competence of
Ministries and Ministerial-level agencies;
c. The provincial Departments of
Justice shall give opinions on administrative procedures prescribed in draft
legal documents under the promulgation competence of People’s Committees in
central-affiliated cities and provinces.
2. Content of opinions on regulations
on administrative procedures shall consider mainly matters specified in Article
7 and Article 8 of this Decree.
In neccesary case, agencies specified
in points a, b and c clause 1 of this Article shall hold collection of comments
from concerned agencies and organizations and subjects to be affected by the
regulations on administrative procedures through consultation, conferences and
workshops or using the comment form developed and published by the Ministry of
Justice on the National Database of Administrative Procedures, summarize
received comments and forward them to the main drafting agency.
3. The main drafting agency shall
study, absorb, and provide explanation of comments of the commenting agencies
defined in Clause 1 of this Article.”
3. To amend clause 2 Article 10:
“ Article 10. Assessment of
impacts of administrative procedures
2. Assessment of impacts of
administrative procedures specified in clause 1 this Article shall be conducted
by using the forms promulgated by the Minister of Justice.”
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“ Article 11. Appraisal of
regulations on administrative procedures
1. Apart from appraisal of content of
projects, draft legal documents, the appraising agencies shall appraise
regulations on administrative procedures and present this content in the
appraisal report.
2. Content of appraisal of
administrative procedures mainly considers norms specified in Article 10 of
this Decree.
3. Apart from dossier componients
sent for appraisal in accordance with law on promulgation of legal documents,
the agencies sending for appraisal must have written assessment of impacts of
administrative procedures as prescribed in Article 10 of this Decree.
The appraising agencies shall refuse
for receipt of dossier sent for appraisal if projects, draft legal documents
have regulations on administrative procedures that have not yet had written
assessment of impacts of administrative procedures and comments of agencies
giving opinions specified in clause 1 Article 9 of this Decree.”
5. To amend time limit for
promulgation of decision on announcement in Article 15:
“ Article 15. Decision on
announcement of administrative procedures
Decisions on
announcement of administrative procedures of agencies specified in clause 1
Article 13 of this Decree must be issued at least 20 (twenty) working days
before the legal documents containing regulation of the administrative
procedures take effect.
Decisions on announcement of
administrative procedures of agencies specified in clauses 2 and 3 Article 13
of this Decree must be issued at least 05 (five) working days before the legal
documents containing regulation of the administrative procedures take effect.”.
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“Article 22. Feedbacks and
petitions on administrative procedures in the process of implementation
2. The Ministry of Justice shall
establish and maintain operation of the information portal for petitions and
complaints and results of their settlement concerning administrative procedures
on the National Database of Administrative Procedures and on initiative collect
opinions of individuals and organizations on administrative procedures proposed
in projects, draft legal documents which are sent by main drafting agencies for
comment as stipulated in Clause 2, Article 9 of this Decree."
7. To annul clause 5 Article 29.
8. To amend clause 4 Article 30:
“ Article 30. Review and
evaluation plans
4. On the basis of the instructions
by the Government and the Prime Minister and the requirements for reforming
administrative procedures, the Ministry of Justice shall develop a focus
reviewing plan and submit it to the Prime Minister for approval.”
9. To amend and supplement Article
31:
Article 31. Handling of results of
review and evaluation
1. On the basis of results of review
and evaluation on administrative procedures, People's Committees of provinces
and centrally run cities shall decide to revise, supplement, replace, cancel or
abolish administrative procedures within their respective competence or propose
Ministries, Ministerial-level agencies to consider, handle results of review
and evaluation on administrative procedures under management function scope
of Ministries, Ministerial-level agencies.
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Dossier to send to the Ministry of
Justice for consideration and assessment includes:
- Draft report;
- Draft written approval for plan on
simplifying administrative procedures;
- Report on the reviewing results of
Ministries, Ministerial-level agencies;
- Report on the reviewing results of
People’s Committees of provinces and centrally run cities and of agencies
enclosed with plan on simplifying administrative procedures approved by
chairpersons of People's Committees of provinces and centrally run cities or
heads of agencies (if any).
Ministries, Ministerial-level
agencies shall study, absorb, provide explaination on comments considered and
assessed by the Ministry of Justice regarding plan on amending and
supplementing, replacing, cancelling or annulling administrative procedures,
relevant regulations under competence of the Government, the Prime
Minister.
3. The Ministry of Justice shall monitor,
urge, examine Ministries, Ministerial-level agencies, People’s Committees of
provinces and centrally run cities in implementing decision on approving plan
on amending and supplementing, replacing, cancelling or annulling
administrative procedures, relevant regulations of the Government, the Prime
Minister.”
10. To amend Article 35:
“ Article 35. Information and
reporting regime
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2. The Ministry of Justice shall summarize
and report periodically to the Prime Minister on the control of administrative
procedures and its results by Ministries, ministerial-level agencies and
People's Committees of provinces and centrally run cities or send irregular
reports upon request of the Government, the Prime Minister.
3. Content of periodical reports:
a. Situation of controlling
regulations on administrative procedures and its results, in which total number
of administrative procedures which have been conducted impact assessment and
total number of legal documents containing regulations on administrative
procedures issued in the report period should be specified;
b. Situation of publishing
administrative procedures, its results and number of administrative procedures
published and updated in the national database on administrative procedures;
c. Situation of implementing
administrative procedures in agencies or localities and its results, including
the commendation, rewarding of cadres and civil servants and handling of those
violating regulations on controlling administrative procedures (if any);
d. Review and simplification of
administrative procedures (if any);
d. Obstacles and difficulties during
the process of controlling administrative procedures (if any);
e. Situation of receiving feedbacks
and petitions on administrative procedures and handling results;
g. The communication and support for
activities of controlling administrative procedures;
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4. The Ministry of Justice shall make
a report form stipulated in Clause 3 of this Article and guide implementation.
5. The situation and results of
controlling administrative procedures must be informed in a timely, honest and
regular manner on website of administrative procedures of the Ministry of
Justice and in other mass media.”
11. To supplement Article 35a:
“ Article 35a. Examination of
implementation of controlling administrative procedures
1. Examination of implementation of
controlling administrative procedures is carried out annually or irregularly
within the following responsibility scopes:
a. Department of controlling
administrative procedures shall assist the Minister of Justice to examine
implementation of controlling administrative procedures at Ministries,
Ministerial-level agencies and People's Committees of provinces and centrally
run cities;
b. The legal affair organizations of
Ministries, Ministerial-level agencies shall assist the Ministers, heads of
agencies to examine implementation of controlling administrative procedures at
Departments, affiliated units;
c. The provincial Departments of
Justice shall assist the People’s Committees of provinces
and centrally run cities to examine implementation of controlling
administrative procedures at Departments, sectors, People's Committees of
districts, affiliated-province cities and towns and People’s Committees of
communes, wards and townships.
2. Contents of examination include:
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b. Control of regulations on
administrative procedures in projects, draft legal documents;
c. Control of implementation of
administrative procedures;
d. Review, assessment of
administrative procedures;
dd. Receipt, handling of feedbacks, petitions of individuals, organizations regarding administrative
regulations;
e. Other contents at the request of
the Ministry of Justice.”
12. Other amendments:
a. Replacing the phrase "the
Government Office" by the phrase “the Ministry of Justice” at clause 1
Article 26, clause 2 Article 36;
b. Replacing the phrase "agency controlling administrative procedures" by the phrase “the
Ministry of Justice” at Article 24, clause 3 Article 27, clause 3 Article 30;
c. Revising the phrase “Agency controlling administrative procedures” by the phrase “Department of
controlling administrative procedures” at clause 2 Article 26;
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Article 2. To
amend a number of articles of the Government's Decree No. 20/2008/ND-CP dated
February 14, 2008 on receipt and handling feedback and proposals of individuals
and organizations on administrative regulations as follows:
1. Replacing the phrase "the
Government Office" by the phrase “the Ministry of Justice” at clause 1
Article 8, clause 1 Article 13, Article 20, Article 26; cancelling the phrase
“the Government Office” at clause 4 Article 13.
Replacing the phrase "Minister-
Chairperson of the Government Office" by the phrase “the Minister of
Justice” at Article 17;
Replacing the phrase "the
Government Office, Ministerial-level agencies" by the phrase “the legal
affair organizations of Ministries, Ministerial-level agencies” at clause 2
Article 8.
Replacing the phrase "the
Offices of People’s Committee of provinces, centrally run cities" by the
phrase “the provincial Departments of Justice” at clause 3 Article 8.
2. To amend Article 22:
“ Article 22. Information and
reporting regime
The Information and reporting regime
on receipt and handling feedback and proposals on administrative
regulations and its results of Ministries, Ministerial-level agencies and
People’s Committees of provinces and centrally run cities shall comply with
provisions in Article 35 of the Government's Decree No. 63/2010/ND-CP dated
June 08, 2010 on controlling administrative procedures (already revised at
clause 10 Article 1 of this Decree).”
Article 3. To
amend and supplement clause 1 Article 17 of the Government’s Decree No.
36/2012/ND-CP dated April 18, 2012 defining the functions, tasks, powers and
organizational structure of Ministries, Ministerial-level agencies as follows:
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1. A ministry's office is an
organization of a ministry, functioning to give general advice on work programs
and plans and serve activities of the ministry; and assist the minister in
summarizing, monitoring and urging organizations and units of the ministry to
implement the ministry's approved work programs and plans
Article 4. To
amend and supplement a number of articles of the Government’s Decree No.
55/2011/ND-CP dated July 04, 2011 defining the functions, tasks, powers and
apparatus organization of legal affair organizations as follows:
1. To supplement clause 3a to Article
3:
“Article 3. Tasks, powers of legal
affair organizations in Ministries, Ministerial-level agencies
3a. Regarding control of
administrative procedures:
To assume the prime responsibility
for, and coordinate with relevant units in assisting Ministers, Heads of
ministerial-level agencies to control administrative procedures under scope of
sectors, fields managed by them as prescribed by law.”
2. To supplement clause 3a to Article
5:
“Article 5. Tasks, powers of legal
affair organizations in General Departments and equivalent authorities,
Departments of Ministries and Ministerial-level agencies
3a. Regarding control of
administrative procedures:
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3. To supplement clause 3a to Article
6:
“Article 6. Tasks, powers of legal
affair organizations in specialized agencies of provincial People’s Committees
3a. Regarding control of
administrative procedures:
a. To assume the prime responsibility
for in assisting heads of agencies to coordinate with the provincial
Departments of Justice in controlling administrative procedures as prescribed
by law;
b. To elaborate reports on
implementation of controlling administrative procedures and its results and
submit to heads of agencies to send to the provincial Departments of Justice
for summarizing and reporting to the provincial People's Committees.”
Article 5.
Implementation provisions
1. This Decree takes effect on July
01, 2013.
2. Ministers, Heads of ministerial-level
agencies, Heads of Governmental agencies, the Presidents of the People’s
Committee in central-affiliated cities and provinces, relevant organizations
and individuals shall implement this Decree.
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ON BEHALF OF
THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung