Chương III Nghị định 42/2022/NĐ-CP: Cung cấp dịch vụ công trực tuyến trên môi trường mạng

Chapter III

PROVISION OF ONLINE PUBLIC SERVICES

Article 11. Levels of online public services

1. Every regulatory body shall provide online public services at 02 levels as follows:

a) Wholly online public service, which is a service making sure that all information about administrative procedures are provided and administrative procedures in are processed and handled online. Results are returned online or via the public postal service.

b) Partially online public service, which is an online public service failing to satisfy the conditions specified at point a clause 1 of this Article.

Regulatory bodies shall apply information technology and digital technology to the maximum in the process of providing and processing online public services, except for cases where service users are required to be present at a regulatory body or the regulatory body has to conduct on-site verification in accordance with regulations of law.

2. For online public services that permit organizations and individuals to submit dossiers online, regulatory bodies shall:

a) Apply public digital signatures or specialized digital signatures to specialized applications to meet the digital signature requirements in the process of rendering online public services.

b) Develop and use interactive e-forms as prescribed.

c) Connect and exploit data from national databases, specialized databases and shared databases of other regulatory bodies to automatically fill out e-forms and simplify documentation, adhering to the principle that each organization/individual only has to provide information once to regulatory bodies upon performing online public services.

The connection and sharing of data between regulatory bodies shall comply with the regulations set out in the Government’s Decree No. 47/2020/ND-CP dated April 09, 2020.

3. The Office of the Government shall provide guidelines for reviewing and assessing administrative procedures to meet the requirements for development of online public services at the levels specified in this Decree.

4. The Ministry of Information and Communications shall provide guidance on technical criteria for assessing and rating online public services; provide guidance and technical regulations on integration of digital signatures or digital signature application on public service portals.

Article 12. List of online public services

1. The list of and information about online public services must be updated on the National Database of Administrative Procedures, synchronized and published on ministerial and provincial public service portals.

2. Online public services shall be organized and classified according to users (organizations and individuals), service groups (by topics), levels and agencies in charge to facilitate the search and use thereof.

3. Upon being provided online, online public services shall be standardized and synchronized in terms of their codes and names; attached e-forms; instructions for use; instructions on the handling process provided by regulatory bodies and the results of online public services with the National Database of Administrative Procedures. Such standardization shall be published together with the user guide according to each online public service.

4. Online public services under the authority of regulatory bodies at all levels in provinces which are rendered online by Ministries and central authorities shall be integrated, disclosed and synchronized with information relating to receipt and processing of dossiers on the National Public Service Portal and the provincial information system for handling administrative procedures.

5. Regulations on e-identification and e-authentication of subjects participating in online public service transactions must be clearly defined and publicized on public service portals and comply with regulations of law on e-identification and e-authentication.

Article 13. Online public services channels

1. Ministerial and provincial public service portals are part of the ministerial and provincial information systems for handling administrative procedures which provide organizations and individuals with online information and public services under the authority Ministries, ministerial agencies, Governmental agencies and People’s Committees at all levels.

2. Ministerial and provincial public service portals must meet the following requirements:

a) Have a consistent domain name: dichvucong(“publicservice”).(name of ministry or local authority).gov.vn for the Vietnamese-language interface, e-services.(name of ministry or local authority in English).gov.vn for the English language interface; name of ministry or local authority shall comply with regulations of law, and the Internet IPv6 address shall be used.

b) Connect and integrate with web portals of Ministries, ministerial agencies, Governmental agencies and provincial People's Committees; National Public Service Portal.

c) Connect with the digital Government service rating system.

d) Connect with the public digital signature certification portal to assist organizations and individuals using digital signatures in conveniently and easily using online public services provided by regulatory bodies.

dd) Structure, layout and technical requirements applicable for the ministerial and provincial public service portals shall adhere to the guidelines provided by the Ministry of Information and Communications.

e) The Ministry of Information and Communications shall develop a shared tool so as for regulatory bodies to develop the ministerial and provincial public service portals.

3. Based on specific conditions, regulatory bodies shall proactively establish other online public services channels as follows:

a) Social networks permitted by regulatory bodies to provide online public services as prescribed by law.

b) Applications on mobile devices permitted by regulatory bodies to provide online public services, which shall be run in a centralized manner and shared among Ministries, central and local authorities in order to provide regulatory bodies’ online public services and avoid duplication.

4. Regulatory bodies shall publicize online public services channels.

5. Online public services channels must meet the following requirements:

a) Ensure different means’ easy access, including mobile devices.

b) Permit organizations and individuals to make online assessments of the satisfaction of the provided online public services. Regulatory bodies shall protect confidentiality and privacy of information about assessors.

c) Synchronize information and processing status with online public services provided on the National Public Service Portal or ministerial and provincial public service portals.

6. Organizations and individuals are entitled to choose any online public services channel provided by regulatory bodies and shall comply with regulations on use of such online public services.

Article 14. Technical requirements for provision of online public services

1. The design, development and provision of online public services must comply with technical regulations applicable to information systems providing online public services, and meet the demands of organizations and individuals, support people with disabilities in accessing and using information and communications services and products.

2. An online public service system must have a friendly, safe, secure, easy-to-use and user-targeted interface.

3. Software intended for providing online public services shall be run as services for easy replication and customization, requiring little technological capacity.

Article 15. Responsibility for providing online public services

1. Every regulatory body providing online public services shall:

a) Reform its organizational structure and business process in order to apply information technology and digital technology to the maximum during provision of online public services.

b) Provide services for users accessing online public services from different channels in an equal manner without discrimination.

c) Connect various channels in order for users to access information on different channels during a visit.

d) Readily, proactively and promptly provide online public services which are convenient, easy and quick, and individualize requests of organizations and individuals.

2. Regulatory bodies are encouraged to provide online public services other than online public administrative services.

Article 16. Monitoring and assessing the efficiency and extent of use of online public services

1. The management, monitoring and assessment of the efficiency and extent of use of online public services by regulatory bodies must be automatically implemented using information system corresponding to each online public service, each subject of transaction and each step where services are provided.

2. The Ministry of Information and Communications shall provide technical guidance on the tool for rating online public services of regulatory bodies; integrate and synchronize assessment results with the system for assessing indicators of citizen- and enterprise-centric public service delivery of the National Public Service Portal without recollecting available information.

3. Ministries, ministerial agencies, Governmental agencies and provincial People’s Committees shall:

a) Report the performance and efficiency in the provision of online public services by Ministries, central and local authorities; send them to the Ministry of Information and Communications on a monthly basis for consolidation and reporting to the Prime Minister.

b) Connect ministerial and provincial online public service systems with the digital Government service rating system.