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OFFICE
OF GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM Independence
- Freedom – Happiness
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No.:
1645/QD-VPCP
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Hanoi,
December 30th, 2008
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DECISION
ON
PROMULGATING THE WORKING REGULATION OF THE ADVISORY COUNCIL OF ADMINISTRATIVE PROCEDURES
REFORM
MINISTER, CHAIRMAN OF THE OFFICE OF GOVERNMENT
Pursuant to the Government’s
Decree no. 33/2008/NĐ-CP dated 19 March 2008 stipulating functions, duties,
powers and organizational structure of the Office of Government;
Pursuant to the Prime Minister’s Decision no. 07/QD-TTg dated 4 January 2008
approving the Implementation Plan for the Master Plan for the Administrative
Procedures Simplification Project in the fields of the state management for the
period 2007-2010;
Pursuant to the Government’s Decision no. 846/QĐ-VPCP dated 23 June 2008 on the
establishment of the Advisory Council of Administrative Procedures Reform;
In consideration of the proposal set forth by the Director of the State
Management and Civil Service of the Office of Government,
DECIDES:
Article 1. To promulgate
along with this Decision the Working Regulation of the Advisory Council of
Administrative Procedures Reform.
Article 2. This Decision
shall come into force from the date of its signing. Advisory Council of
Administrative Procedures Reform shall put an end to operation on 31st December
2010.
Article 3. Members of the
Advisory Council of Administrative Procedures Reform, the Secretariate and
departments, units under the Office of Government shall be responsible for
implementing this Decision./.
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Recipients:
- The Prime Minister, Deputy Prime Ministers
(for reporting purpose)
- Ministries, ministerial level agencies, the Government’s agencies
- People’s Councils, People’s committees of provinces, cities under the central
governance
- Members of the ACAPR;
- OOG: Minister/Chairman, Deputy Chairmen, departments, bureaus, units
directly under OOG, the Official Gazette;
- Filing: Archives, Dept. of State Management and Civil Service.
MINISTER,
CHAIRMAN
Nguyen Xuan Phuc
WORKING REGULATION
OF
THE ADVISORY COUNCIL OF ADMINISTRATIVE PROCEDURES REFORM
(Promulgated along with the Minister, Chairman of the Office of Government’s
Decision no. 1645 /QĐ-VPCP dated December 30th, 2008)
Article 1. Functions of the Advisory
Council of Administrative Procedures Reform
The Advisory Council of
Administrative Procedures Reform (hereinafter referred to as the Council) is an
advisory and supporting body to the Prime Minister’s Special Task Force
(hereinafter referred to as STF) in implementing objectives, duties as set
forth in the Decision no.30 dated 10 January 2007 approved by the Prime
Minister regarding the Administrative
Procedures Simplification
Project in the fields of the state management for the period 2007-2010 (hereinafter
referred to as Project); Decision no.07/QĐ-TTg dated 04 January, 2008 approved
by the Prime Minister regarding the Master Plan to implement the Project.
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1. Represent the business
sector, academic institutions and citizens to participate in consultation to
STF to ensure effective implementation of objectives and tasks as set by the
administrative procedure reform.
2. Engage in mobilizing
resources in support of the Council and STF operation.
3. Collect factual evidence on
individual procedures causing difficulties for businesses and citizens.
4. Identify missing
administrative procedures in the inventory phase.
5. Provide information on
inappropriate administrative procedures that need to be adjusted and simplified
by using forms of administrative procedure review as required by STF.
6. Identify prioritized areas
for review and study, collaborate with the STF to organize study and propose
solutions to simplify administrative procedures.
7. Communicate goals and
missions of the Project in order to strenghthen support and promote engagement
from the business community and citizens.
Article 3. Organizational
structure of the Council
1. The Council comprise 15
members, including the chairman, vice chairman and members of the Council.
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2. Assisting the Council shall
be the Secretariat and working groups.
a) The Secretariat will include
members appointed from the OOG’s
Department of State
Administration Organization and Civil Service and be led by director of
Department.
In addition to the above
members, the Secretariat team may be supplemented with more staff from outside
or inside OOG to ensure the completion of assigned duties.
b) Working groups including
experts shall be mobilized by the Council members in order to carry out study
and administrative procedure simplification as required by the Council.
Article 4. Responsibilities
of the Chairman of the Council
1. Take overall responsibility
for the Council’s operations to ensure implementation of tasks as set forth in
Article 2 of this Regulation.
2. Decide upon the agenda,
contents of work of the Council and issues for the Council’s comment.
3. Decide upon timing and venue
of Council’s meetings.
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5. Assign work to Council
members.
Article 5. Responsibilities
of the Vice Chairman of the Council
1. Carry out the tasks as set
forth in Article 2 hereof and tasks as assigned by the Chairman and Council.
2. Chair and make conclusions at
Council’s meetings/working sessions upon the authorization by the Chairman.
Have full power in signing in invitation letters for Council meetings and
working sessions, in documents sent to Council members for comments and in
other related documents as approved by the Council Chairman.
3. Directly guide, examine and
supervise the Secretariat in implementing tasks as decided by the Council.
4. Take charge of mobilizing,
managing and utilizing sponsor funds in support of the Council and STF’s
operations; provide information for communication and concerning agencies;
communicate goals and missions of the Council and the Project.
Article 6. Responsibilities
of members of the Council
1. Carry out the tasks as set
forth in Article 2 hereof and other tasks assigned by the Chairman of the
Council.
2. Be responsible for attending
all Council’s meetings and other activities of the Council and contributing
comments on issues raised in meeting agendas of the Council.
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4. Mobilize the support and
engagement of organizations and individuals in the Council’s activities.
5. Be provided with information
and related documents to support in carrying out study and providing feedback;
at the same time take responsibilities of confidentiality in regard with
provided information and documents as set by law.
Article 7. Responsibilities
of the Secretariat
1. Develop working agenda for the
Council and submit for the Council and its Chairman’s approval.
2. Prepare draft of conclusion
notice letter of Council's working sessions/meetings and other documents as
requested by the Council’s Chairman.
3. Send related documents,
conclusion notices and other substantials of the council meetings to absent
members; summarize written comments made by absent members to report to the
Council.
4. Carry out administrative
tasks and tasks relating to office administration supporting general operation
of the Council.
5. Support the Council members,
working groups and related individuals and organizations in implementing tasks
as required by the council and Council Chairman.
6. Advise and propose to the
Council solutions to fulfill tasks as set forth in Article 2 hereof.
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8. Supervise and support working
groups and periodically report on progress of tasks under the Secretariat and
each working group to the Council.
Article 8. Responsibilities
of working groups
Working groups shall have
responsibilities to support the Council to conduct the following tasks:
1. Collect information and
identify missing administrative procedures
in inventory phase carried out
by the STF.
2. Provide information about
administrative procedures during review phase by filling in forms of
administrative procedure review.
3. Carry out study and review;
propose solutions to simplification of administrative procedures as required by
the Council.
Article 9. Working
Relationship
1. On the basis of the
objectives and work plan of the STF, the Council shall advise, cooperate
directly with STF in implementing the objectives, tasks as set forth in the
Master Plan for the Project.
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3. Head of the Secretariat shall
have weekly or irregular meeting with representative from STF on the progress
and issues to be settled.
4. Secretariat staff may assist
STF staff, subject to the head of the Secretariat’s approval.
5. The Council’s working groups
shall collaborate closely with STF to ensure consistency in progress and
quality of work. Secretariat and STF members are invited to group working
sessions and discussions of working groups.
6. Working groups need to have
close collaboration, exchange experience and share results of studies on administrative
procedures relative to each other.
Article 10. Working regime
for the Advisory Council of Administrative Procedure Reform
1. The Council shall hold
periodic meetings every month or irregular meetings as decided by the Chairman
of the Council.
Depending on meeting contents,
the Council may invite representatives from STF, working groups or other
stakeholders to attend meetings.
2. Issues to be addressed will
be discussed collectively and concluded upon by the meeting chairperson. The
Council chairman or vice chairman (as authorized by the chairman) may preside
over such meetings and make conclusions thereof.
3. In addition to such direct
concentration discussions at meetings, the Council may collect written comments
from members.
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Each member may be assigned
based on his or her qualifications or working conditions, to be responsible for
leading and supporting one or more than one certain working groups or assigned
with any other areas of work within the Council’s work tasks.
5. Absent official Council
members may appoint their representatives to attend meetings on their behalf to
comment directly or in writing and send which for the Secretariat’s summary and
report to the Council.
6. In the course of operation,
the Council may send delegations on local and international study tours.
Article 11. Working regime
for the Secretariat
1. The Secretariat shall report
directly to the Chairman, Vice Chairman of the Council.
2. The Secretariat staff shall
be assigned tasks by and report to the head of the Secretariat.
3. The Secretariat shall work
indepedently and directly with other organizations, associations as required.
4. The head of the Secretariat
shall attend and report on progress and issues at the Council meetings.
Article 12. Working regime
for working groups
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2. Detailed working regime for
each group will be decided by the head that group.
Article 13. Resources for
operation
1. The Council, Secretariat and
working groups shall operate on the basis of funding from Council members and
other sources. Expenses for working groups will be funded from the budget of
the association/agency that the Council member work for.
2. Interests for members of the
Council and the Secretariat shall be decided by the Chairman of the Council.
3. The Accounting Department of
the OOG shall be responsible to support the Council in managing, utilizing
support funding for the Council, ensuring full compliance as set forth in laws.
Article 14. Last provision
1. Revisions, supplements made
to this Regulation shall be put forth by the Council and decided by the
Minister, Chairman of the OOG.
2. Members of the Council shall
participate in the Council on a volunteering basis. In case one member does not
continue to participate in the council, he or she shall notice in writing to
Minister, Chairman of OOG.
3. The Council operation shall
be terminated on 31st December 2010./.