Nghị định 61/2018/NĐ-CP cơ chế một cửa một cửa liên thông trong giải quyết thủ tục hành chính

• Số hiệu: 61/2018/ND-CP
• Loại văn bản: Nghị định
• Nơi ban hành: Chính phủ
• Người ký: Nguyễn Xuân Phúc
• Ngày ban hành: 23/04/2018

GOVERNMENT -------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No. 61/2018/ND-CP	Hanoi, April 23, 2018

DECREE

IMPLEMENTATION OF SINGLE-WINDOW SYSTEM AND INTERLINKED SINGLE-WINDOW SYSTEM FOR HANDLING ADMINISTRATIVE PROCEDURES

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Local Government Organization dated June 19, 2015;

Pursuant to the Law on Electronic Transactions dated November 29, 2005;

Pursuant to the Law on Information Technology dated June 29, 2006;

Pursuant to Clause 2 of Article 19 in the Law on Issuance of Legislative Documents dated June 22, 2015;

Upon the request of the Minister cum Chief of the Government’s Office;

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Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Decree regulates the implementation of single-window system and interlinked single-window system for handling administrative procedures for organizations and individuals.

2. This Decree shall not apply to the implementation of administrative procedures under the national single-window system prescribed in the Law on Customs.

Article 2. Subjects of application

1. Entities handling administrative procedures

a) Ministries, ministry-level agencies; general departments, directorates and equivalent-level entities, departments, administrations or authorities affiliated to ministries and ministry-level agencies, having duties and authority to deal with administrative procedures and get involved in the process of handling of administrative procedures;

b) People’s Committees at all levels; professional entities affiliated to provincial and district-level People’s Committees; management committees of industrial zones, export processing zones, economic zones and hi-tech parks, having duties and authority to handle administrative procedures;

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2. Public officers, servants and employees of competent entities prescribed in clause 1 of this Article, military officers and police officers under the control of the Ministry of National Defense and the Ministry of Public Security (hereinafter referred to as public officers, servants and employees).

3. Organizations and individuals requesting the implementation of administrative procedures (hereinafter referred to as organization and individuals).

4. Enterprises providing public postal services, enterprises and individuals hired or authorized to carry out administrative procedures in accordance with laws.

5. State-owned public units, state enterprises and other entities applying this Decree to the handling of administrative procedures for organizations and individuals.

Article 3. Interpretation

For the purposes of this Decree, terms used herein shall be construed as follows:

1. Single-window system for handling administrative procedures refers to a method for receiving documentation, handling and informing results of handling of administrative procedures, monitoring, supervising and assessing the handling of administrative procedures for organizations and individuals that a competent entity employs with the help of a one-stop shop prescribed in clause 3 of this Article.

2. Interlinked single-window system for handling administrative procedures refers to a method for building cooperation between competent entities in receiving documentation, handling and informing 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 with the help of a one-stop shop prescribed in clause 3 of this Article.

3. One-stop shop refers to the generic name of the unit receiving and informing results of handling of administrative procedures or the public administrative service center at the provincial level that has duties and authority to provide instructions about, receive, handle or forward documentation to handle and inform the results of handling of administrative procedures, monitor, supervise and assess the handling of administrative procedures for interested organizations and individuals.

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5. Ministerial- or provincial-level public service portal refers to a portal that integrates information about online public services, status and results of handling of administrative procedures on the basis of integrating and sharing data with a ministerial- or provincial-level single-window electronic information system.

6. Ministerial- or provincial-level single-window electronic information system refers to an internal information system performing the functions of supporting the receipt, handling and monitoring of receipt, handling and results of handling of administrative procedures, which is administered by an entity directly under the control of a ministry or province; connecting, integrating and sharing data with the document processing system to process documents on the networked environment; connecting and integrating with the national public service portal and ministerial-level or provincial-level public service portals to publish results of handling of administrative procedures and provide public services online.

7. Assessment of handling of administrative procedures refers to comments or conclusions of competent entities, organizations or individuals about quality and progress of provision of instructions, receipt, handling and response with results of handling of administrative procedures by the one-stop shop, in-charge public officers, servants and employees, and entities handling administrative procedures.

Article 4. Principles of implementation of single-window system and interlinked single-window system

1. Considering the satisfaction of organizations and individuals as a measure of service quality and efficiency of public officers, servants and employees and competent entities.

2. Handling administrative procedures for organizations and individuals by employing single-window systems and interlinked 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 between competent entities in the course of handling of administrative procedures.

4. Ensuring that handling of administrative procedures is expedited, inspected, 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 implementation of administrative procedures which are not specified in regulations in force.

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7. Complying with Vietnamese laws and international agreements regarding implementation of single-window systems and interlinked single-window systems during the period of handling of administrative procedures to which the Socialist Republic of Vietnam is a signatory or has acceded.

Article 5. Prohibited acts in handling of administrative procedures in accordance with single-window systems and interlinked single-window systems

1. Public officers, servants and employees tasked with providing instructions about, receiving documentation, dealing with and responding with results of handling of administrative procedures in accordance with single-window systems and interlinked single-window systems at the head office of the one-stop shop and competent entities shall be prohibited from performing the following acts:

a) Bossily treat, harass, disturb and trouble organizations and individuals carrying out 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 carrying out administrative procedures;

d) Unveil information about documents and other information regarding the privacy of organizations and individuals or use such information for profiteering purposes;

dd) Refuse to carry out or lengthen the time of handling of administrative procedures or discretionarily request additional documents in breach of laws;

e) Directly perform transactions, request organizations and individuals to additionally provide and improve documents without asking for permission from the One-stop Shop, unless otherwise prescribed by laws;

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h) Behave or communicate incompliantly with workplace culture rules;

i) Commit other violations against laws during the period of performing official affairs.

2. Organizations and individuals requesting handling of administrative procedures shall be prohibited from performing the following acts:

a) Fraudulently and falsely create, expropriate and illegally use documents 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 public officers, servants and employees during the process of handling administrative procedures;

d) Slander, send reports, petitions, complaints, accusations on or impersonate other people to make false, unfounded or unproven denunciations of violations of law committed by public officers, servants or employees and competent entities in the course of providing instructions about, receiving, settling and informing results of handling of administrative procedures;

dd) Offend the honor of competent entities; use or threaten to use brute force, insult the honor and dignity of public officers, servants or employees or competent entities in the process of providing instructions on, receiving, settling and informing results of handling of administrative procedures;

e) Give comments or assessments that are impartial, unfair, untrue, illegal or contrary to the actual conditions of implementation of assignments of public officers, servants or employees or competent entities during the period of providing instructions about, receiving, settling and informing results of handling administrative procedures;

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3. Enterprises providing public postal services, enterprises and individuals hired or authorized to carry out administrative procedures shall be prohibited from performing the following acts:

a) Hinder the process of handling of administrative procedures;

b) Cheat public officers, servants, employees, competent entities, organizations or persons hired or authorized to carry out administrative procedures;

g) Commit other violations as provided in laws.

Article 6. Rights and responsibilities of organizations and individuals carrying out administrative procedures

1. Rights

a) Receive instructions about preparation of documents, receipt of documents and document receipt notes and make appointments to inform results of processing of documents;

b) Refuse to carry out requests not specified in legislative documents prescribing administrative procedures;

c) Raise issues and recommendations with competent entities about unnecessariness, irrationality and illegitimacy of administrative procedures;

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dd) Exercise other rights in accordance with laws.

2. Responsibilities:

a) Take responsibility for legality and accuracy of documents included in documentation and provide related information in full;

b) Upon receiving results of handling of administrative procedures at the One-stop shop, bring the note of document receipt and appointment for notification of results. In case of authorizing other persons to receive such results, the letter of authorization signed by the principal shall be required;

c) Fully implement regulations on handling of administrative procedures and those imposed by the One-stop Shop; pay fees, charges (if any) in full as per regulations in force;

d) Bear responsibility before law for any violation specified in clause 2 and 3 of Article 5 herein and other relevant regulations.

Chapter II

ORGANIZATION, RELATIONSHIPS IN PERFORMING PUBLIC AFFAIRS AND MAIN OFFICE OF THE ONE-STOP SHOP

Article 7. Organization of the One-stop Shop

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a) Based on the number of administrative procedures under the respective jurisdiction, the frequency rate of receipt of documents and the location of main office of each Ministry, Ministers and Ministry-level Heads shall make decisions on establishment of Document Receipt and Response Divisions at these entities directly controlled by offices thereof.

In case of refusing to establish Document Receipt and Response Divisions at ministries and ministry-level entities, Ministers and Heads of Ministry-level agencies shall regulate the establishment of such One-stop Shops at general departments (or directorates) or equivalent ones and departments (or authorities or administrations);

b) Based on principles specified in Article 4 and other provisions laid down herein, Minister of National Defense and Minister of Public Security shall make decisions on implementation of single-window systems and interlinked single-window systems according to the working conditions of respective ministries;

c) Under the provisions of this Decree, other provisions 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 interlinked single-window systems in order to deal with administrative procedures at diplomatic missions, consular missions and representative agencies of Vietnam in overseas international organizations.

2. At the provincial level

a) Provincial-level People’s Committees shall decide to establish Public Administrative Service Centers that play their roles as particular administrative entities under the control of Offices of provincial-level People’s Committees, hold stamps used for implementing assigned duties and delegated authority.

Facilities, offices, equipment, machinery and technical applications of Public Administrative Service Centers shall be provided and managed by Offices of provincial-level People’s Committees.

Based on the frequency rates of receipt of administrative documents, the locations of main offices of specialized entities and natural conditions, and local socio-economic conditions, People's Committee of Hanoi and People's Committee of Ho Chi Minh city shall appeal to municipal People's Councils to decide the number of Public Administrative Service Centers in these cities;

b) In case where provincial-level administrative divisions fail to meet prescribed requirements for organization of Public Administrative Service Centers, heads of specialized entities shall decide to establish Document Receipt and Response Division subordinate to offices of these specialized entities put under the control of provincial-level People's Committees.

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3. At the district level

District-level People's Committees shall decide to establish Document Receipt and Response Divisions subordinate to offices of district-level People’s Councils and People’s Committees.

Offices of district-level People’s Councils and People’s Committees shall provide and manage main offices, equipment, machinery, application software and network systems.

4. At the communal level

Communal-level People’s Committees shall decide to establish Document Receipt and Response Divisions under their jurisdiction.

5. Heads of centrally-controlled agencies shall be vertically organized at the localities deciding to organize Document Receipt and Response Divisions at offices or specialized units or organizations affiliated to these agencies (if these units or organizations do not have offices), shall direct the assignment of public officers, servants or employees to directly come to provincial-level Public Administrative Service Centers or district-level Document Receipt and Response Divisions to receive and deal with administrative procedures with respect to those under their jurisdiction as provided in clause 2 and 3 of Article 14 herein.

6. At ministries and sectoral administrations, provincial-level People's Committee deciding to establish Document Receipt and Response Divisions at specialized entities, Ministry’s Offices or Offices of provincial-level People’s Committees shall be assigned to monitor, supervise and expedite implementation of single-window systems and interlinked single-window systems at these entities through electronic single-window information systems at the ministerial or provincial level.

Article 8. Duties and rights of the One-stop Shop

1. Duties

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b) Provide guidance on implementing administrative procedures; receive administrative formalities; settle or transfer documentation used for handling administrative procedures; respond with results of handling of administrative procedures; monitor, supervise and evaluate the handling and notification of the results of administrative procedure settlement for organizations and individuals; collect fees and charges (if any) as prescribed;

c) Cooperate with relevant agencies and units in resolving and informing the results of settlement of administrative procedures for organizations and individuals in cases where administrative procedures require the immediate resolution in the day or administrative procedures are assigned or entrusted to public officials and employees at the One-stop Shop to resolve; support organizations and individuals to use Level 3 and Level 4 online public services;

d) Cooperate with competent entities and other relevant ones to organize training courses in improvement of professional qualifications for public officers, servants and employees tasked with guiding, receiving and informing results of handling of administrative procedure according to single-window systems and interlinked single-window systems;

dd) Receive, settle or report to competent entities on handling of feedbacks, petitions, complaints and denunciations of organizations and individuals against public officers, servants and employees about guiding, receiving, settling and transferring documentation for handling and notification of administrative procedure settlement results; address the explanations for competent entities on feedbacks, petitions, complaints and denunciations to organizations and individuals;

e) Arrange equipment at the One-stop Shop in accordance with the provisions of point b of clause 2 of Article 13 herein and provide necessary legal support services, pay charges, fees, taxes, foreign and ethnic language interpreters (if necessary), photocopy, print documents and other necessary services to meet organizations or individuals’ demands at service prices approved by competent entities;

g) Perform other duties as stipulated by law.

2. Rights

a) Request competent authorities and other related entities to provide information and documents used for performing tasks of receiving and handling administrative procedures;

b) Refuse to receive documentation in contravention of regulations; preside over monitoring, supervising and pushing concerned agencies and units to settle administrative procedures in conformity with the processes already approved by competent entities; request competent entities to inform about the reception and progress of handling of administrative procedures for organizations and individuals; push agencies and units participating in the One-stop Shop to process due or overdue documentation;

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d) Recommend reforming, renovating and promoting service quality, performing public affairs by deadlines and for the convenience of organizations and individuals; execute or cooperate in executing communication and propaganda campaigns for implementation of single-window systems or interlinked single-window systems for handling of administrative procedures;

dd) Administer and appeal to competent entities to upgrade facilities and information technology infrastructure and application software of single-window electronic information portal systems; get involved in assuring information security during the period of usage and operation of these systems;

e) Exercise other rights as stipulated by law.

Article 9. Responsibilities of heads of One-stop Shops

1. Directly administer and assume responsibility to heads of competent entities for all of their operations.

Act on behalf of heads of competent entities to sign written documents to push their functional affiliates or units related to handling of administrative procedures to ensure that handling of administrative procedures conforms to regulations; send reports and recommendations to heads of competent entities 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 One-stop Shops shall work with competent entities having administrative procedures received and handled at those Shops at the same level to discuss management, administration, implementation of duties and the status of receipt of documentation and handling of administrative procedures by specialized entities at these One-stop Shops.

3. Manage working hours, the progress of handling assignments, attitudes, behavior and conduct of public officers, servants and employees seconded to work at the One-stop Shop and make monthly reports to entities seconding public officers, servants and employees; refuse to accept or proactively recommend these entities to replace public officers, servants 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 tasks or who commit other law violations.

4. Assign tasks to deputies, public officers, servants or employees depending on their professional competencies and qualifications; inspect and expedite implementation of assigned tasks and communication and reporting activities in accordance with regulations in force.

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6. Proactively suggest the heads of competent agencies to send public officers, servants and employees to the One-stop Shop to promptly increase and reduce the number thereof if the number of organizations and individuals coming to carry out 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 under regulations.

7. Publicize main office addresses and, on websites of One-stop Shops, full names, titles, telephone numbers of heads and deputies of One-stop Shops; full names, titles, working sectors and telephone numbers of public officers, servants and employees seconded to work at One-stop Shops.

8. Promptly handle violations of law committed by public officers, servants or employees working at One-stop Shops within their jurisdiction, or transfer them to competent entities to seek their actions.

9. Take charge of fire protection and assurance of security and safety for public officers, servants or employees, workers, organizations or individuals coming to carry out administrative procedures at main offices of One-stop Divisions.

10. Manage and appeal to competent authorities for procurement, lease, renovation, repair, maintenance, replacement, supplementation and liquidation of property, material and technical facilities at One-stop Shops as per laws; scientifically and logically arrange areas intended for providing information and handling administrative procedures, and equipment meeting demands of organizations and individuals coming to carry out administrative procedures.

Article 10. Personnel of One-stop Shops

1. At the ministerial level

a) Document Receipt and Response Division of ministries or ministry-level agencies shall be headed by a leader of a Ministry’s Office; in case of establishment of Document Receipt and Response Division at general departments, directorates or equivalent, departments, authorities or administrations, the Division shall be headed by a leader of the office of a general department, directorate or equivalent, or a leader of the office of a department, authority or administration;

b) Public officers, servants or employees receiving and handling administrative procedures at the Document Receipt and Response Division are those seconded by specialized entities;

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2. At the provincial level

a) In case of establishment of the Public Administrative Service Center, the leadership of the provincial-level Center shall comprise 01 Director who is one of the leaders of offices of provincial-level People's Committees or equivalent, and no more than 02 Deputy Directors who are 02 leaders of divisions of offices of provincial-level People's Committees appointed under the decisions of the Presidents of the Committees.

Provincial-level specialized entities shall second public officers and servants to work at the Public Administrative Service Center under the provisions hereof.

Offices of provincial-level People’s Committees shall send public officers and servants to manage and operate the main office, equipment, machinery and network system of the Public Administrative Service Center.

b) In case of establishment of the Document Receipt and response Division at specialized entities under the control of provincial-level People's Committees, this Division must be headed by 01 leader of the office of the respective specialized entity. Specialized divisions shall send public servants to work for the Document Receipt and Response Division.

3. At the district level

a) Provincial-level Document Receipt and Response Division shall be headed by a leader of the office of provincial-level People’s Council and People’s Committee;

b) Specialized entities of provincial-level People’s Committees shall send their staff to work there;

c) Offices of district-level People’s Councils and People’s Committees shall send their personnel to manage and operate the main office, equipment, machinery, application software and network systems of the Document Receipt and Response Division.

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a) Document Receipt and Response Division shall be put under the direction and management of Presidents of communal-level People's Committees;

b) Public servants working at the Document Receipt and Response Division of communal-level People’s Committee must be those holding communal-level public office as provided in the Law on Public Servants who are assigned by Presidents of communal-level People's Committees to adapt to specific conditions of their localities.

5. Central agencies organized in the vertical structures at localities

a) Personnel of Document Receipt and Response Division of centrally-controlled entities organized in the vertical structure at localities shall be decided by heads of these entities;

b) Public officers, servants or employees receiving and handling administrative procedures at One-stop Shops of centrally-controlled entities organized in the vertical structure at all-level localities shall be seconded by specialized units under the control of these entities to receive or handle administrative procedures directly in accordance with regulations in force.

Article 11. Standards, responsibilities, rights and benefits, terms of office of public officers, servants and employees working at One-stop Shops

1. Standards

a) Fully meet general conduct standards prescribed by laws on public officers and servants and armed forces;

b) Public servants and employees working at the One-stop Shop at the ministerial level (including general departments, directorates and equivalents, departments, authorities or administrations), provincial level or district level must have been appointed to specialist ranks or higher; must have the seniority of at least 3 years working in the designated sectors or industries and must be assessed as successfully accomplishing assigned tasks;

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d) Exhibit polite, courteous, cordial, open and good interpersonal conduct and behavior in uniformity with workplace culture rules.

2. Responsibilities:

a) Strictly and fully implement provisions laid down herein and other relevant laws;

b) Provide favorable conditions to enable organizations and individuals to carry out administrative procedures;

c) Instruct organizations and individuals to carry out administrative procedures in a full, clear and accurate manner; in case of having to make a request for amendments and/or supplements to submitted documentation, such request shall be made once only;

d) Receive, settle and transfer submitted documentation, monitor the handling of administrative procedures for organizations and individuals in accordance with regulations in force; update management software with received documentation and grant documentation numbers to requesting organizations and individuals;

dd) Actively advise and propose initiatives for reform of the settlement of administrative procedures; promptly detect and petition competent agencies and persons to amend, supplement, change or cancel or abolish regulations on administrative procedures in breach of law, not feasible or inappropriate to actual situations of ministries, sectoral administrations and localities;

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 sanction at entities sending their staff to work for the One-stop Shop;

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3. Rights and benefits

a) Receive training in professional skills, information technology and the culture of communication with organizations and individuals;

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 entities seconding them to work at the One-stop Shop.

4. Terms of office of public officers, servants and employees seconded to the One-stop Shop

Ministers, Heads of Ministry-level agencies, Chairpersons of provincial-level People’s Committees shall decide the term of office of those staff seconded to the One-stop Shops at the ministerial, provincial or district level provided that such term of office is not less than 06 months and is restricted to 24 months each time, except cases specified in clause 8 of Article 12 herein.

Article 12. Responsibilities of competent entities seconding their staff

1. Second those staff members that meet eligibility standards prescribed in clause 1 of Article 11 herein to work at the One-stop Shop.

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3. Cooperate with the One-stop Shop in designing the processes for handling of administrative procedures in a detailed and explicit manner, setting the handling deadlines and steps in ensuring administrative procedures are handled by the deadlines before submitting them to competent entities to seek their approval.

4. Assign public officers, servants and employees to regularly inspect and update the schedule of processing of specific documentation package on management software in order to handle administrative procedures in accordance with regulations in force.

5. Actively send the One-stop Shop the written notification of reasons for the late handling of administrative procedures, enclosing written documents stating apologies to organizations and individuals and setting other deadlines for notification of handling results.

6. Punctually inform and update changes in administrative procedures which are made known to the public in writing or in an electronic form at the One-stop Shop.

7. Provide information related to their assigned tasks in full, secure all rights and benefits of those staff members working for One-stop Shops.

8. Actively coordinate with One-stop Shops to manage public officers, servants and employees sent to these One-stop Shops; have a plan to prepare at least 01 non-full-time public officer, servant or employee for timely substitution for existing ones working at One-stop Shops in case any of them takes leave, compensatory days-off, sick leave, personal leave, training courses, goes on business trips so as not to disrupt the reception and return of documentation to organizations and individuals; promptly increase or decrease the number of seconded staff members or temporarily withdraw seconded staff members from One-stop Shops when the number of organizations and individuals coming to carry out administrative procedures increases, decreases or there are too few staff members (in case of temporarily withdrawing seconded staff members, entities seconding their staff members must hold discussions with One-stop Shops about solutions to receiving documentation submitted by organizations and individuals and informing results of handling of such documentation). In cases where seconded public officers, servants or employees do not fulfill their assigned tasks or are ranked low in service satisfaction, they shall be substituted.

9. Every quarter, work with One-stop Shops to account for fees and charges for implementation of administrative procedures collected at One-stop Shops (if any).

10. Collaborate with heads of One-stop Shops in assessing seconded staff members on their performance during their term of office at One-stop Shops in accordance with this Decree.

Article 13. Location of main offices and installation of equipment at One-stop Shops

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Ministers, Heads of Ministry-level agencies, Chairpersons of provincial-level or district-level People’s Committees shall, based on current conditions of receipt of administrative documentation at ministries, sectoral administrations and localities, determine appropriate locations and land size, and shall prefer improvement and renovation of existing offices or those rented or altered for other uses as a way to avoiding extravagance. In case of building new main offices, consent must be obtained from competent authorities and laws on investment, construction and other relevant ones must be obeyed.

2. Equipment

a) Based on the nature of assigned tasks and current situations occurring at entities, standards and norms of machinery or equipment provided to state regulatory authorities, Ministers, Heads of entities, Chairpersons of all-level People's Committees shall, under their respective jurisdiction, make decisions on equipment and means intended for performing assigned tasks of One-stop Shops to meet their staff members’ demands and must apply information technology during the period of performing their activities;

b) At One-stop Shops, it shall be necessary to save spaces for providing administrative information and procedures; areas for receiving documentation and informing results which are divided into specific-sector counters; provide the adequate number of waiting seats, writing desks and computers with network connection available for organizations and individuals coming to perform transactions and public services online; install cameras to monitor the entire working area of ​​the One-stop Shop connected with superior state agencies and throughout the entire system; arrange places for installation of equipment: e.g. queue number machines linked to single-window electronic information systems; touch screen monitors helping organizations and individuals to search information, administrative procedures and results of handling of administrative procedures; arrange areas for providing services prescribed in point g of clause 1 of Article 8 herein.

Chapter III

REMIT TO RECEIVE AND STEPS IN HANDLING OF ADMINISTRATIVE PROCEDURES

Article 14. Remit to receive administrative procedures at One-stop Shops

1. At the ministerial level

a) Document Receipt and Response Division of ministries and ministry-level agencies receives administrative documentation under the single or interagency handling jurisdiction of entities directly controlled by ministries or ministry-level agencies;

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c) Document Receipt and Response Division of centrally-controlled entities organized in the vertical structure at localities receives administrative documentation under the single or interagency handling jurisdiction of affiliates thereof.

2. At the provincial level

a) Public Administrative Service Center receives administrative documentation under the single or interagency handling jurisdiction of provincial-level People's Committees, specialized entities of provincial-level People's Committees, those under the single or interagency handling jurisdiction of entities organized in the vertical structure at localities according to directives given by the Prime Minister, and those under the handling jurisdiction of ministries, sectoral administrations and district-level People's Committees that are delivered and received at this Center;

b) Document Receipt and Response Division of provincial-level specialized entities receives administrative procedures under the single or interagency handling jurisdiction of these entities, those under the handling jurisdiction of ministries, sectoral administrations and district-level People's Committees authorized to receive them at provincial-level specialized entities.

3. At the district level

District-level Document Receipt and Response Division receives documentation of all administrative procedures under the single or interagency handling jurisdiction of district-level People's Committees, some of administrative procedures under the single or interagency handling jurisdiction of entities organized in the vertical structure at localities according to the Prime Minister’s directives, and those administrative procedures under the handling jurisdiction of specialized entities controlled by provincial-level People's Committees or communal-level People's Committees that are delivered and received at the district level.

4. At the communal level

Communal-level Document Receipt and Response Division receives documentation of administrative procedures under the handling communal-level jurisdiction and those under the handling jurisdiction of districts authorized to receive administrative documentation at the communal level.

5. Based on the particular nature and management requirements of each sector, Ministers and Heads of ministry-level agencies and Chairpersons of provincial-level People's Committees making decisions on administrative procedures shall not receive such documentation at the One-stop Shop specified in clauses 1, 2, 3 and 4 of this Article, but must apply procedures for monitoring of receipt and handling of documentation and notification of results of handling of such documentation as provided herein, including the following cases:

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b) Administrative procedures prescribe persons subject to inspection and assessment may directly receive and be informed of results of handling of administrative procedures at the time and location of inspection and assessment carried out outside of the One-stop Shop’s main office.

Article 15. Instructions for declaration of information and preparation of documents used for carrying out administrative procedures

1. Public officers and servants working at the One-stop Shop shall be responsible for providing the following instructions:

a) Documents and papers that organizations and individuals must submit upon handling of administrative procedures;

b) Procedures and deadlines for handling of administrative procedures;

c) Amounts and forms of payment of taxes, fees, charges or discharge of other financial obligations (if any);

d) Provision of information and materials related to implementation of administrative procedures upon the requests of organizations or individuals in accordance with laws.

All instructions must be accurate, in full and in detail according to legislative documents in force, decisions on release of administrative procedures of competent entities, publicized on the national database of administrative procedures and at locations where administrative procedures are handled.

2. Instructions shall be given to organizations and individuals in the following forms:

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b) Instructions given via switchboard systems or special telephone numbers available for public uses;

c) Online instructions given on the national public service portal, ministerial-level or district-level public service portal or via social networks certified by competent entities;

d) Written instructions sent by post;

dd) Set of sample completed forms, readily built instructional videos or in other forms.

Instruction contents are stored at the One-stop Shop.

3. In case where the list of documents included in the package submitted for handling of administrative procedures is less than the list of publicly disclosed documents as provided in clause 1 of this Article or submitted documents have not provided sufficient information according to forms or samples included in instructions of competent entities, receivers of submitted documents for handling of administrative procedures shall have to instruct representatives of organizations or individuals to provide a single supplement in full and accurately.

Article 16. Forms of submission of documents and receipt of results of handling of administrative procedures

Requesting organizations and individuals may submit documents and receive results of handling of administrative procedures in the forms prescribed in legislative instruments on administrative procedures:

1. Directly at the One-stop Shop;

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3. Online at ministerial-level or provincial-level public service portals.

Article 17. Receipt of documents used for implementation of administrative procedures

1. As for documents received in any of the forms prescribed in clause 1 and clause 2 of Article 16 herein, public staff members receiving submitted documents at One-stop Shops must verify and inspect the accuracy and adequacy of these submitted documents; scan and store them in electronic files, and input them into databases of single-window electronic information systems of ministries, sectoral administrations and localities.

a) In case where submitted documents are not sufficient or accurate in accordance with regulations, public staff members receiving submitted documents must instruct representatives of requesting organizations or individuals to provide supplements to make perfect documents as provided in clause 3 of Article 15 herein and must clearly state reasons by using the request form for supplementation and perfection of submitted documents;

b) In case of refusal to receive documents, public staff members receiving submitted documents must clarify reasons by using the form of refusal to process documents intended for handling of administrative procedures;

c) If submitted documents are sufficient and accurate in accordance with regulations, in-charge public staff members shall be responsible for receiving submitted documents and preparing the note of receipt of documents and appointment for response.

2. With regard to documents submitted only via public service portals at the ministerial or provincial level, public staff members receiving documents at One-stop Shops must review and verify the accuracy and adequacy of submitted documents.

a) In case where submitted documents have not yet been sufficient, accurate or have fallen outside of the handling jurisdiction in accordance with regulations, receiving public staff members must send notifications clearly stating contents, reasons and detailed and full instructions so that requesting organizations or individuals can provide full and accurate supplements one time or send documents to the right competent entities.

Notifications shall be sent by using the function of sending electronic mails or sending messages to people via ministerial-level or provincial-level public service portals;

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3. After being received successfully, each administrative document will get a verification code inscribed in the note of receipt of documents and appointment for notification of results. Requesting organizations and individuals may use verification codes to log in the national public service portal or ministerial-level or provincial-level public service portals to check the status of their submitted documents.

4. If administrative procedures require that handling results must be informed immediately after receipt and processing of documents that are adequate, accurate or meet receiving requirements, receiving public staff members shall not need to issue notes of receipt of documents and appointment for notification of handling results, but shall have to input the status of documents or handling results into the single-window electronic information system; if persons submitting documents still demand notes of receipt of documents and appointment for notification of handling results, receiving public staff members must provide these notes to them.

5. In case where public staff members working at One-stop Shops are assigned and authorized to handle administrative procedures by competent entities, provisions laid down in Article 19 herein must be observed, the status of documents and handling results must be input into the single-window electronic information system.

Article 18. Forwarding of submitted documents to competent entities

Immediately after receipt of documents required to carry out administrative procedures as provided in Article 17 herein, receiving staff members must forward them to competent entities as follows:

1. Forwarding data on electronic documentation received online from organizations and individuals to competent entities through connections between the public service portal and the ministerial-level or provincial-level single-window information system.

2. Promptly forwarding documents directly received within the working day or forwarding them at the beginning of the following working day if these documents are received after 3 pm every day.

3. In case of receipt of documentation under the handling jurisdiction of other competent entities, receiving staff members shall forward paper documents and electronic ones to respecting One-stop Shops of these entities within the working day or at the beginning of the subsequent working day if these documents are received after 3pm every day.

Forwarding of documents to competent entities as mentioned in clause 2 and clause 3 of this Article may be carried out by using public post services or other services to ensure cost efficiency, effectiveness and safety for these submitted documents.

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1. After receipt of documents submitted for handling of administrative procedures, heads of competent entities shall assign public staff members to process and verify them before seeking approval of results of handling thereof.

2. In case administrative procedures do not require any inspection or verification or comments from organizations and individuals involved, public staff members authorized to handle submitted documents shall carry out verification and assessment thereof before seeking decisions from competent entities; shall input updated information into the single-window electronic information system; shall inform about results of handling of administrative procedures.

3. In cases where assessment and verification of submitted documents are legally required

a) Public staff members authorized to process documents shall have to inspect and verify these documents before seeking decisions from competent entities and input updated information into the single-window electronic information system;

b) The process of inspection and verification must be documented and filed in the database of the single-window electronic information system while files and documents on such process must be deposited with handling entities.

In case where it is obliged that requesting organizations and individuals must be present to inspect and verify submitted documents, information about the time, location and subject matters of and participants in the verification must be input into the database of the single-window electronic information system or provided for One-stop Shops for monitoring purposes in default of that system.

4. If submitted documents fail to meet regulatory requirements after inspection or verification, entities having jurisdiction to handle administrative procedures shall return received documents, and send written notifications clearly indicating reasons for such return and entries needing to be supplemented by using the request form for supplementation and perfection of documents to requesting organizations and individuals via One-stop Shops. The permissible duration of issue of notification of document return shall not exceed 03 working days from the date of receipt of documents unless otherwise specified by specialized laws. The duration of handling of administrative procedures shall be reset as usual after receipt of all required documents.

5. In cases where submitted documents are subject to comments from entities concerned

a) Entities presiding over handling documents or One-stop Shops, if being assigned or authorized to do so, shall send electronic notifications or written requests for cooperation in dealing with these documents, clearly describing which information requires comments and the deadline for sending comments, to entities concerned.

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b) Entities requested to give their comments shall be responsible for giving their comments within the permissible duration and publicizing their final comments or results obtained from their participation in giving comments into the single-window electronic information system or the document processing control form. In case entities requested to give comments have not sent any electronic or documentary replies by the deadline, entities presiding over collection of comments shall inform heads of One-stop Shops sending documents that need to be commented on of such delay to request their cooperation in taking appropriate actions.

6. In cases where submitted documents are processed under the procedures for interconnection between same-level competent entities

a) If requesting organizations and individuals submit paper documents, One-stop Shops shall set the order of entities having jurisdiction to handle administrative procedures, forward paper documents to competent entities presiding over handling thereof. Presiding entities shall be responsible for handling these documents, forwarding them and results of handling thereof under their jurisdiction (if any) to the next competent entities by using the form of forwarding of documents that clearly states work contents and deadlines for handling of documents imposed on specific entities; input updated information about handling of documents and information about forwarding of documents into the single-window electronic information system.

Competent entities shall handle administrative documentation, forward handling results and documentation to the next competent entities according to the defined order of One-stop Shops; after the terminal competent entity completes its handling, it shall forward handling results and attached documentation to the presiding competent entity; the presiding entity shall forward results of handling of administrative documentation to the One-stop Shop to inform requesting organizations and individuals of handling results; input updated information about the status and results of handling of documentation in an interagency manner into the single-window electronic information system;

b) In case where requesting organizations or individuals submit electronic documents, the One-stop Shop shall send an e-mail enclosing them to all of participating entities in which the presiding entity, responsibilities, tasks to be performed and deadline for notification of results that are determined by specific entities involved must be clearly stated. The entities involved in the interagency handling of documentation shall process documents under their respective jurisdiction, inform about processing results to the entities demanding such results to take further steps and send them to the One-stop Shop to inform these results to requesting organizations and individuals; input updated information about the status and results of the interagency handling of documentation into the single-window electronic information system.

7. In cases where submitted documents are processed under the procedures for interconnection between competent entities at different administrative levels

a) The One-stop Shop shall forward paper documents to senior competent entities; send information about administrative documentation available on the single-window electronic information system to the One-stop Shops of these senior entities for the purposes of monitoring electronic document data and transfer them to relevant competent entities to seek their decisions in accordance with regulations in force;

b) Senior competent entities shall deal with documents as per clause 1, 2, 3, 4 and 5 of this Article; transfer results to the One-stop Shop that receives documentation from organizations and individuals to inform about these results according to the note of receipt of documents and appointment for notification of results.

8. If documents specified in clause 1 and 2 of this Article fail to meet regulatory requirements after inspection and verification, entities handling administrative procedures shall return documents and inform clear reasons in writing for refusal by using the form of refusal to handle documents to requesting organizations and individuals via the One-stop Shop. The notification shall be combined with the section intended for responding with results on the single-window electronic information system. The deadline for issue of notification must fall within the prescribed duration for handling of documents.

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Based on the form of request for extension, the One-stop Shop shall update the new deadline for notification of results on the single-window electronic information system and shall send a notification to the requesting organization or individual by an email, text message, phone call or via the social network (if any) endorsed by competent entities.

Article 20. Return of documents and notification of results of handling of administrative procedures

1. Results of handling of administrative procedures informed by competent entities to requesting organizations and individuals after such handling is finished must be sufficient in accordance with regulations.

2. In case authentic or original copies of documents have been submitted for photocopying, scanning, collation or validation purposes, competent entities must return these authentic or original copies to requesting organizations or individuals; the time of return shall be prescribed in specialized laws.

3. Organizations or individuals shall receive results of handling of administrative procedures at the time and location inscribed in the note of receipt of documents and appointment for notification of results; in case of registration for online notification of such results, they shall be informed via the ministerial-level or provincial-level public service portal.

4. It shall be advised that results of handling of administrative procedures should be received before the prescribed deadline. Handing out results of handling of administrative procedures before the prescribed deadline must be informed to requesting organizations or individuals in advance by text messages, emails, phone calls or via social networks licensed by competent entities.

5. Results of handling of administrative procedures handed out to requesting organizations or individuals must be stored in the single-window electronic information systems of competent entities to be available for use and access to search information and data in accordance with laws.

Article 21. Responsibilities of entities and persons involved for handling of documents, results that are incorrect, lost, missing or damaged and late notification of results

1. In case any error in results of handling of administrative procedures is caused by fault on the part of public staff members and entities having jurisdiction to handle administrative procedures, they must make correction, provide necessary supplements, annul or replace information containing that error or rectify that error, and shall be liable for all costs incurred from such supplementation, correction, annulment, replacement or rectification.

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3. If documents on results of handling of administrative procedures which are sent by using public postal services are lost, mislaid or damaged, actions regulated by the Prime Minister and relevant laws shall be imposed.

Article 22. Methods of payment of fees and charges

1. Organizations and individuals shall be responsible for paying fees and charges for handling of administrative procedures that have already been regulated (if any) according to the following methods:

a) Making direct payments or transferring fees or charges to accounts held by competent entities;

b) Making direct payments or transferring fees or charges to accounts of enterprises providing public postal services before they are remitted to competent entities if administrative procedures are carried out by using public postal services or submitting documents online;

c) Making payments online by using the function of payment of fees and charges provided on the single-window electronic information systems of ministries, sectoral administrations or localities.

2. Requesting organizations or individuals shall have the option of paying fees or charges for handling of administrative procedures according to other methods prescribed by laws when obtaining approval from competent entities.

3. 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) must be enclosed with documentation sent to entities or persons having jurisdiction to handle administrative procedures.

Chapter IV

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Article 23. 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. Ensure conformity with the Architecture Framework of Electronic Government of Vietnam; 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.

3. Ensure the capability of connecting and sharing information between information systems of state regulatory authorities; the capability of receiving, connecting and sharing information between entities having jurisdiction to handle administrative procedures and organizations or individuals requesting implementation of administrative procedures by electronic or communication means or social networks licensed by competent entities.

4. Comply with laws on investment, construction, information technology, records, archives, information security and safety as well as other provisions of relevant laws.

Article 24. Building of the national public service portal

1. The national public service portal shall be built and uniformly managed by the Government's Office on the basis of integrating and exchanging data on administrative procedures and documents submitted for handling administrative procedures with the national database of administrative procedures, national databases, specialized databases and integrating online public services with ministerial-level or provincial-level single-window electronic information systems.

2. Requirements for building of the national public services

a) Become a hub providing requesting organizations and individuals with information and support for implementing administrative procedures and public services online; support for searching information and monitoring the status of implementation of administrative procedures and searching results of handling of administrative procedures, results of assessment of handling of administrative procedures; publicizing results of settlement of administrative procedures and public services online;

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c) Allow organizations or individuals to register user accounts; provide Single-Sign-On function and user authentication mechanisms for implementation of administrative procedures on ministerial-level or provincial-level public service portals;

d) Integrate data with the national database of administrative procedures in order to export administrative procedures data and data on documentation used for handling administrative procedures of requesting organizations and individuals with the aim of ensuring consistency and uniformity;

dd) Synthesize and make the statistics of receipt of documentation and the status of handling of administrative procedures upon the requests of competent entities;

e) Fulfill other requirements under the Prime Minister's decisions.

3. Minister of Information and Communications shall introduce National technical regulations on structures and formats of data packets enabling connections with single-window electronic information systems, national public service portal and specialized databases related to the process of handling of administrative procedures by ministries, sectoral administrations or localities.

Article 25. Building of ministerial- or provincial-level public service portals and single-window electronic information systems

1. Ministerial- or provincial-level public service portals and single-window electronic information systems must be concentrated and uniform to receive and deal with administrative procedures, provide online public services under the respective jurisdiction of ministries, ministry-level agencies or all-level People's Committees.

2. Requirements for ministerial- or provincial-level public service portals and single-window electronic information systems

a) Ensure consistency in investment and construction activities, adhere to the principle that each ministry, sectoral administration or locality administer only one ministerial- or provincial-level public service portal and single-window electronic information system developed in the concentration model to receive and deal with administrative procedures, provide online public services under the respective jurisdiction of ministries, ministry-level agencies or all-level People's Committees;

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c) Support and instruct organizations and individuals to register implementation of administrative procedures online; receive and enter electronic information of administrative documentation registered by requesting organizations and individuals according to all forms specified in Article 16 herein;

d) Support authentication of information about citizens and enterprises through connection to national population database, national database of enterprise registration and other relevant databases; support online payment of taxes, fees and charges through connection with the national concentrated payment or other legitimate online payment systems;

dd) Provide information about the status and results of handling of administrative procedures at entities presiding over handling administrative procedures at all levels;

e) Allow organizations and individuals to assess the progress and accomplishment of receipt and handling of administrative procedures;

g) Share information about the current condition of handling of administrative procedures, composition of certified documents and digitalized results of handling of administrative procedures with the database of the national public service portal;

h) Implement other requirements as provided by law.

3. Ministries, sectoral administrations and localities shall take charge of converting paper documents related to handling of administrative procedures of requesting organizations and individuals into electronic ones, and setting the computerization processes for handling of administrative procedures on the single-window electronic information system.

4. Ministries, sectoral administrations and localities shall be responsible for managing accounts used for accessing online public services of requesting organizations and individuals; shall be responsible for protecting confidentiality and storing information of requesting organizations and individuals, except in case it is necessary to provide such information to competent entities as provided in laws.

5. Ministries, sectoral administrations and localities that have not met necessary conditions for building of public service portals may build them by using infrastructure and software of the national public service portal.

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7. The Ministry of Public Security shall operate the national database and connect it to the national public service portal and single-window information systems at the ministerial or provincial level in order to authenticate citizens’ information.

8. The Ministry of Planning and Investment shall operate the national database and connect it to the national public service portal and single-window information systems at the ministerial or provincial level in order to support authentication of enterprises’ information.

Article 26. Codes of documents used for implementation of administrative procedures

1. These codes shall be automatically granted by the single-window information system and used uniformly in transactions between competent entities and organizations or persons and between competent entities.

2. Structure of the code of documents used for implementation of administrative procedures shall be subject to the following regulations:

a) Identity code of the competent entity receiving administrative procedures.

The identity code shall be subject to the “national technical regulation on structures of identity codes and formats of data packets enabling connection between document management and administration systems";

b) Series of natural numbers, including date (dd/mm/yyyy) of receipt and ordinal numbers of received documents within the day.

Chapter V

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Article 27. Assessment principles

1. Ensure impartiality, truthfulness, accuracy, scientism, transparency, public disclosure, fairness, equality and compliance with law during assessments and announcement of assessment results.2. Consider satisfaction of requesting organizations and individuals with the quality and progress of handling of administrative procedures, results of and effectiveness in implementation of assigned tasks as a measure of a successful assessment.

3. Ensure the confidentiality of information about requesting organizations and individuals and collaborate in conducting opinion surveys.

Article 28. Assessment authority

1. Senior competent entities shall be accorded authority to assess the quality of handling of administrative procedures under the management of their affiliates.

2. Organizations or individuals coming to perform transactions or carry out administrative procedures shall be entitled to assess the quality and progress of handling of administrative procedures.

3. Entities and persons having jurisdiction to deal with administrative procedures shall be entitled to carry out the self-assessment of their performance.

4. The Government’s Office shall be vested with authority to handle administrative procedures at ministries, ministry-level agencies, People’s Committees of provinces and centrally-affiliated cities.

5. Socio-political organizations, professional social organizations and other shall be entitled to carry out the assessment of implementation of administrative procedures by conducting sociological investigations according to tasks, programs and plans designed by these organizations.

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1. Information used in assessment of handling of administrative procedures shall be acquired and collected by employing the following methods:

a) Regular and periodic assessment forms;

b) Electronic assessment devices installed at One-stop Shops;

c) Online assessment functions provided by ministerial-level or provincial-level single-window information systems;

d) Surveillance camera systems;

dd) Opinions sent by organizations and individuals to opinion mailboxes, paper and electronic opinions;

e) Independent, regular or periodic sociological investigations;

g) Other legal methods.

2. Assessment information specified in clause 1 of this Article shall be linked to single-window electronic information systems and shall be publicly posted on the national public service portal. Offices of ministries, sectoral administrations and provincial-level People's Committees (entities presiding over controlling administrative procedures) shall synthesize and assess criteria referred to in Article 30 and 31 herein and shall publicize them on ministerial-level and provincial-level public service portals.

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Offices of ministries, sectoral administrations and provincial-level People’s Committees shall carry out the synthesis and assessment of sociological investigation results and shall publish results thereof on ministerial-level or provincial-level public service portals.

4. Entities or organizations assigned to acquire and collect assessment information shall be held responsible to encourage, instruct and support people in disadvantageous position such as women, poor people, ethnic people or disabled people who participate in submission of assessment opinions or sociological investigations.

Article 30. Internal assessment of handling of administrative procedures

1. The internal assessment of handling of administrative procedures shall be carried out by using software installed at One-stop Shops in order to assess compliance of the process of handling of administrative procedures with laws.

2. Internal assessment criteria shall be comprised of the followings:

a) Document circulation flow prescribed in regulations in force;

b) Quality of handling of administrative procedures by specific departments according to requirements referred to in points a, d, e, g, h and i of clause 1 of Article 31 herein;

c) Ratio of administrative documents handled by deadlines to total received documents in accordance with regulations in force.

3. Offices of ministries, sectoral administrations and provincial-level People’s Committees shall be responsible for synthesizing results of assessment carried out by software in order to periodically prepare annual reports for submission to the Government’s Office and publicizing internal assessment results on electronic information websites administered by ministries, sectoral administrations and localities.

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1. Handling of administrative procedures at competent entities 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 administrative procedures compared to those specified in regulations or requests of presiding entities;

b) The number of entities that must be contacted to complete administrative documentation;

c) The required number of times of contact with receiving entities for completion of administrative documentation;

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 public staff members providing instructions about, receiving documentation and handling administrative procedures;

e) Compliance with law of results of handling of administrative procedures and costs of implementation of administrative procedures; costs incurred which are not governed by laws upon implementation of administrative procedures;

g) Time and quality of explanations given by competent entities and public staff members about feedbacks, petitions, appeals and denunciations of organizations and individuals;

h) Progress and quality of provision of online public services of competent entities;

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2. Public disclosure of results of assessment obtained from organizations and individuals shall be subject to provisions laid down in clause 2 of Article 29 herein.

Article 32. Handling of assessment results

1. Results of assessment of satisfaction of organizations and individuals with handling of administrative procedures by competent entities may be publicized at implementary entities and on webpages of entities having jurisdiction to handling administrative procedures.

2. Assessment results shall serve as one of the standards for assessing the level of accomplishment of tasks assigned to entities receiving and handling administrative procedures; determining responsibilities of individuals and heads of entities receiving and handling administrative procedures; shall prefer considering promotion to a position, planning, training, education and commendation, rewarding or sanctioning of in-charge public staff members and employees.

Chapter VI

DUTIES OF PRIME MINISTER, MINISTRIES, SECTORAL ADMINISTRATIONS AND LOCALITIES

Article 33. Prime Minister’s duties

1. Lead, direct, introduce plans for, expedite and inspect implementation of this Decree at ministries, sectoral administrations and localities; promptly relieve difficulties or problems arising from implementation of this Decree.

2. Promulgate regulations on management, operation and usage of the national public service portal.

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4. Perform other duties prescribed by law.

Article 34. Duties of Ministries and Ministry-level agencies

1. Government’s Office

a) Assist the Prime Minister in expediting and inspecting implementation of this Decree at ministries, sectoral administrations and localities;

b) Preside over and collaborate with Ministry of Home Affairs, Ministry of Information and Communication, Ministry of Finance, Ministry of Planning and Investment, other ministries or localities 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 One-stop Shops of ministries, ministry-level agencies and all-level People's Committees;

c) Design and issue forms used for implementation of single-window systems and interlinked single-window systems for implementation of administrative procedures, tools used for collection of assessment information, tools for scoring and sociological investigation and other methods for assessing handling of administrative procedures at state regulatory authorities at different levels;

d) Build, administer and operate the national public service portal; cooperate with the Ministry of Information and Communications and other related entities in assuring information safety; appeal to the Prime Minister to promulgate regulations on management, operation and usage of the national public service portal;

dd) Cooperate with ministries, sectoral administrations and localities in providing professional training for public staff members in implementation of single-window systems and interlinked single-window systems;

e) Recommend the Prime Minister to assign ministries and ministry-level agencies to preside over formulating and suggesting competent entities to issue regulations on implementation of interagency mechanism for implementation of related administrative procedures;

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h) Prepare annual assessment reports on handling of administrative procedures at ministries, ministry-level agencies, People’s Committees of provinces and centrally-affiliated cities for submission to the Government and the Prime Minister;

i) Preside over and cooperate with the Ministry of Information and Communications and other relevant ministries, sectoral administrations and entities in formulating and issuing uniform regulations on codes of administrative documentation and codes of sectors or industries in which administrative procedures are involved on ministerial-level or provincial-level single-window information systems.

2. Ministry of Home Affairs

a) Preside over and cooperate with the Ministry of Finance in providing instructions about policies and benefits granted to public staff members working at One-stop Shops;

b) Preside over and cooperate with the Government’s Office, the Ministry of Information and Communications, other relevant ministries and entities in providing instructions about storage and archival of electronic documents and data.

3. Ministry of Information and Communications

In addition to tasks assigned as provided in clause 3 of Article 24 herein, the Ministry of Information and Communications shall take on the following duties:

a) Provide consistent instructions about connection and sharing of information between single-window information systems nationwide;

b) Issue uniform criteria and regulations on building of ministerial-level or provincial-level single-window public service portals and information systems;

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4. Ministry of Finance

Issue regulations on spending amounts for implementation of single-window system and interlinked single-window system for handling administrative procedures.

5. Ministries and ministry-level agencies shall be held responsible for implementing single-window systems and interlinked single-window systems within their remit in accordance with regulations in force.

Article 35. Duties of Ministers and Heads of Ministry-level agencies

1. Direct implementation of single-window systems and interlinked single-window systems in accordance with this Decree; build and manage single-window public service portals and information systems of ministries and sectoral administrations.

2. Publicize the list of administrative procedures to be received and rejected at the Document Receipt and Response Divisions under the jurisdiction of ministries and sectoral administrations; the list of administrative procedures to be received online on public service portals of ministries and sectoral administrations; the list of administrative procedures that ministries and sectoral administrations authorize provincial-level People's Committees to receive.

3. Issue organizational and operational rules of Document Receipt and Response Divisions, operational rules of public service portals and single-window electronic information systems as provided herein.

4. Provide localities with instructions about handling of administrative procedures according to the interconnection mechanism within the management of ministries and sectoral administrations 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 sectoral administrations.

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7. Make annual recommendations about administrative procedures carried out according to the interconnection mechanism, design and appeal to the Government and the Prime Minister to issue the procedures for the interagency implementation of administrative procedures. Ministries and entities managing sectors authorized to receive and inform about results of handling of administrative procedures according to the interagency mechanism shall announce administrative procedures carried out according to this mechanism after being promulgated by competent entities.

8. Promptly direct, correct and strictly punish heads of affiliates and public staff members failing to strictly implement provisions laid down herein or making violations related to provision of instructions, receipt, handling and notification of results and assessment of handling of administrative procedures occur.

9. Apply timely personnel solutions to encouraging public staff members working at One-stop Shops, based on results of assessment of satisfaction of organizations and individuals.

Article 36. Duties of all-level People’s Committees

1. Take charge of implementing single-window systems and interlinked single-window systems prescribed herein; bear responsibility to same-level People’s Councils and senior-level administrative agencies for lead and take charge of implementation of lawsoft on handling of administrative procedures by using single-window systems and interlinked single-window systems of state regulatory authorities at localities.

2. Promulgate rules of operation and organization of One-stop Shops under the provisions hereof.

3. Provincial-level People's Committees shall issue rules of operation of public service portals and single-window electronic information systems at the provincial and municipal levels.

4. Provincial-level People’s Committees shall direct the formulation and promulgation of internal procedures and electronic procedures for handling of specific administrative procedures at the provincial and communal level in order to ensure uniform implementation thereof in entire localities.

Article 37. Duties of all-level Peole’s Committees

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a) Directly lead, direct, inspect and expedite implementation of single-window systems and interlinked single-window systems at localities under the provisions of this Decree and rules of organization and operation of One-stop Shops promulgated by same-level People's Committees;

b) Take responsibility to same-level People's Councils and senior-level state administrative agencies for results and progress of handling of administrative procedures by using single-window systems and interlinked single-window systems under the jurisdiction of these localities;

c) Announce the list of administrative procedures allowing receipt of documentation at One-stop Shops of same-level competent entities and those under the jurisdiction of a competent entity that may be received by another competent entity; the list of administrative procedures received online on provincial-level public service portals;

d) Direct the building and uniform management of provincial-level single-window electronic information systems; take charge of taking information safety measures according to instructions given by the Ministry of Information and Communications;

dd) Promptly direct, correct and strictly punish heads of provincial-level specialized entities, Chairpersons of district-level or communal-level People’s Committees, public staff members and employees failing to strictly implement provisions laid down herein and making violations related to provision of instructions, receipt, handling and notification of results and assessment of handling of administrative procedures occur;

e) Apply timely personnel solutions to encouraging public staff members working at One-stop Shops of local governments at different levels, based on results of assessment of satisfaction of organizations and individuals.

2. Chairpersons of district-level and communal-level People’s Committees

a) Directly take control of implementation of single-window systems and interlinked single-window systems at localities under the provisions of this Decree and rules of organization and operation of One-stop Shops promulgated by same-level People's Committees;

b) Take responsibility to same-level People's Councils and senior-level state administrative agencies for results and progress of handling of administrative procedures by using single-window systems and interlinked single-window systems under the jurisdiction of these localities;

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d) Apologize organizations and individuals when public staff members 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 IMPLEMENTARY RESPONSIBILITIES

Article 38. Funding for implementation

1. Funding for implementation of single-window systems and interlinked single-window systems of ministries, ministry-level agencies and localities shall be included in the annual estimate of recurrent funds for state management activities of ministries, sectoral administrations and localities under laws on state budget.

2. Funding for investment, construction, renovation, repair, maintenance or renting of main offices of One-stop Shops and information technology infrastructure shall be used under laws on public investment and shall be subject to laws on bidding, construction, information technology and other relevant legislation.

3. In addition to funding provided by the state budget, ministries, ministry-level agencies and People’s Committees of provinces and centrally-affiliated cities may use other legitimate funding sources for implementing single-window systems and interlinked single-window systems under their remit.

4. Funding for application of single-window systems and interlinked single-window systems at state-owned public service providers, state enterprises and other entities shall be provided on their own.

Article 39. Transitional provisions

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2. Provinces obtaining consent from the Prime Minister to testing establishment of public administrative centers shall be allowed to continue their testing till the end of the testing period and then switch to implementation of provisions laid down herein.

Article 40. Entry into force

1. This Decree shall take effect from June 21, 2018.

2. The Prime Minister’s Decision No. 09/2015/QD-CP dated March 25, 2015, introducing regulations on implementation of single-window systems and interlinked single-window systems for handling of administrative procedures of state administrative agencies at localities shall be repealed from the entry into force of this Decree.

3. Receipt of documentation related to handling of administrative procedures by using single-window systems and interlinked single-window systems for organizations and individuals shall be subject to provisions enshrined herein; shall not have to conform to regulations on receipt of incoming documents as stated in Article 13, 14 and 15 in the Government’s Decree No. 110/2004/ND-CP dated April 8, 2004 on archives and records.

Article 41. Implementary responsibilities

1. Government’s Office shall provide instructions about, monitor, expedite and inspect the implementation of this Decree; shall submit annual and ad-hoc reports to the Government and the Prime Minister.

2. Ministers, Heads of Ministry-level agencies, Heads of Governmental bodies, Chairpersons of People’s Committees of provinces and centrally-affiliated cities, other organizations and individuals involved shall be responsible for implementing this Decree./.

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PP. GOVERNMENT
PRIME MINISTER




Nguyen Xuan Phuc