Chapter I
GENERAL PROVISIONS
Article 1. Scope
1. This Decree provides for administrative procedures by electronic means.
2. This Decree is not applicable to administrative procedures carried out via the National Single-Window System and ASEAN Single-Window System and inspection of exports and imports.
Article 2. Regulated entities
1. Authorities in charge of handling administrative procedures, namely:
a) Ministries, ministerial-level agencies, Vietnam Social Security, general departments and equivalent, departments affiliated to ministries and ministerial-level agencies, and Vietnam’s embassies and consulates with responsibility for and competence in handling of administrative procedures and participation in handling of administrative procedures;
b) People’s Committees at all levels; specialized authorities affiliated to provincial and district-level People’s Committees; boards of management of industrial parks, export-processing zones, economic zones and hi-tech parks with responsibility for and competence in handling of administrative procedures
The regulatory bodies mentioned in Points a and b herein are collectively referred to as "competent authorities".
2. Officials and public employees of competent authorities, officers and non-commissioned officers of the army and officers and non-commissioned officers of public security forces (hereinafter collectively referred to as “officials and public employees”).
3. Organizations and individuals requesting to carry out administrative procedures by electronic means and other relevant organizations and individuals (hereinafter collectively referred to as “organizations and individuals”).
4. Public postal service providers; and organizations and individuals hired or authorized to carry out administrative procedures according to regulations of laws.
5. Banks and payment intermediaries providing electronic payment services.
6. Public service providers, state-owned enterprises and providers of other public services are encouraged to apply this Decree to provision of online public services to organizations and individuals.
Article 3. Definitions
For the purposes of this Decree, the terms below shall be construed as follows:
1. “electronic means” refers to an environment in which information is created, provided, exchanged, collected, processed and stored via the Internet, computer networks, information systems and databases.
2. “administrative procedure by electronic means” (hereinafter referred to as “electronic administrative procedure”) means a process where a regulatory body or an organization or individual carries out all or a number of steps of an administrative procedure electronically via online public services.
3. “electronic administrative procedure application” (hereinafter referred to as “electronic application”) includes electronic documents submitted to a competent authority by an organization or individual according to regulations or electronic documents transferred between competent authorities during receipt and handling of an administrative procedure.
4. “ e-transaction account” refers to the verified digital identity of an authorized official, public employee or regulatory body or an organization or individual used to access the national public service portal, a public service portal or a ministerial-level or provincial electronic single-window information system when carrying out an electronic administrative procedure and other activities as per the law.
5. “platform for exchange of digital identities of the national public service portal” (hereinafter referred to as “digital identity exchange platform”) refers to a component that supports connection and authentication of digital identities of authorized officials, public employees and regulatory bodies, organizations and individuals and one-time access from the national public service portal to public service portals and ministerial-level or provincial electronic single-window information systems.
6. “electronic form” means an electronic administrative form or declaration.
7. “electronic copy” means an electronic photocopy or computer file of a physical document that fully contains the exact contents written in the master register or the physical document.
8. “issuance of an electronic copy based on the master register” means the process where the authority or organization managing a master register issues an electronic copy based on the master register. Such electronic copy fully contains the exact contents written in the master register.
9. “electronic copy certification” refers to the process where a competent authority or organization certifies an electronic copy as a true copy of a physical document based on such physical document.
10. “administrative procedure result digitalization” means the process where a state agency transforms the physical documents containing the result of a completed administrative procedure (hereinafter referred to as “physical administrative procedure result”) into electronic documents or digital information to ensure provision of electronic administrative procedures.
11. “electronic data store” of an organization or individual means the organization or individual’s separate electronic space in the national public service portal or a ministerial-level or provincial public service portal used for management and storage of electronic data related to the organization or individual’s administrative transactions.
Article 4. Rules of electronic administrative procedures
1. Electronic administrative procedures and other forms of administrative procedures shall have the same legal value as per the law.
2.Electronic administrative procedures shall be received and handled in a lawful, reasonable and scientific manner that ensures fairness, impartiality, transparency, information safety and close cooperation between competent authorities in the handling process.
3. Electronic administrative procedures shall revolve around organizations and individuals and have simple, understandable and easy-to-follow language and methods to facilitate administrative reform.
4. Do not request organizations or individuals to resubmit data currently managed by competent authorities or readily shared by other state agencies.
5. Maximize number of steps of administrative procedures that could be carried out electronically to save time, costs and effort of organizations, individuals and competent authorities.
6. Electronic administrative procedures shall not incur any fee or charge besides those required by law.
7. Comply with regulations of Vietnamese law and international conventions related to e-transactions to which Vietnam is a signatory.
Article 5. Rights, obligations and prohibited acts for organizations and individuals
1. Rights
a) Receive assistance when carrying out electronic administrative procedures;
b) Browse and download all electronic applications successfully sent from the national public services portal and ministerial-level or provincial public services portals and results of electronic administrative procedures;
c) Have applications, documents and results concerning electronic administrative procedures preserved and protected according to regulations of law;
d) Request competent authorities to confirm completion of electronic administrative procedures in writing to carry out other relevant activities under the law. Such request and confirmation must adhere to regulations of laws on access to information;
dd) Request competent authorities to share information and data obtained from the result of the organization or individual’s administrative procedure with other authorities to fulfill a request or serve the interest of such organization or individual.
e) Have the result of and application for an administrative procedure digitally signed by competent authorities, organizations and/or individuals recognized in e-transactions according to regulations of law;
g) Enjoy the rights stated in the Law on E-Transactions and Law on Information Technology and guidelines thereof, enjoy the rights and fulfill the responsibilities stated in Clause 1 Article 6 of the Government’s Decree No. 61/2018/ND-CP dated April 23, 2018 on implementation of the single-window system and interlinked single-window system in handling of administrative procedures.
2. Obligations
a) Provide e-transaction registration information for competent authorities promptly and accurately;
b) Manage and use e-transaction accounts in a manner that ensures safety and confidentiality;
c) Take responsibility for the accuracy and legitimacy of information declared when carrying out electronic administrative procedures;
d) Follow, update and give feedback on information related to e-transactions with competent authorities and follow the instructions and notifications from competent authorities;
dd) Comply with all regulations on electronic administrative procedures; and pay fees and/or charges and fulfill other financial obligations (if any) as regulated;
e) Take responsibility before the law for any violation against the regulations stated in Clause 3 herein and other regulations of relevant laws.
3. Prohibited acts
Organizations and individuals shall not commit any of the prohibited acts stated in Article 9 of the 2005 Law on E-Transactions, Article 12 of the 2006 Law on Information Technology, Article 7 of the 2015 Law on Cyberinformation Security, Article 8 of the 2018 Cybersecurity Law, Article 5 of the 2018 Law on State Secrets Protection and regulations in Clauses 2 and 3 Article 5 of the Government’s Decree No. 61/2018/ND-CP dated April 23, 2018 on implementation of single-window system and interlinked single-window system for handling administrative procedures.
Article 6. Obligations and prohibited acts for officials and public employees
1. Responsibilities
a) Provide instructions and assistance for organizations and individuals to carry out electronic administrative procedures;
b) Review applications and give feedback to organizations and individuals using the information that organizations and individuals register when carrying out electronic administrative procedures;
c) Use registered e-transaction accounts to access ministerial-level or provincial single-window information systems to monitor and handle electronic applications effectively and according to regulations;
d) Report to heads of competent authorities upon detection of misuse of information systems or signs of information security or safety breach for timely handling;
dd) Comply with the Law on Cyberinformation Security, Cybersecurity Law and regulations of relevant laws on personal information protection when collecting personal information of organizations and individuals;
e) Be proficient in the types of application software used for electronic administrative procedures.
2. Prohibited acts
a) Obstruct organizations and individuals in choosing to carry out administrative procedures by electronic means;
b) Request an organization or individual to submit the physical copy of a component of the electronic applications that has been digitally signed and recognized as legally valid for verification and/or inspection when receiving/handling administrative procedures;
c) Illegally interfere with electronic administrative procedures, including transmission, collection, processing, sending or notification of payments or application processing results; illegally interfere with or falsify data of applications, payments or results of administrative procedures; divulge information or copy data without permission;
d) Impersonate, steal or illegally use digital identities of organizations, individuals and competent authorities;
dd) Commit other acts prohibited by laws concerning operations of officials and public employees on digital environments.
Tìm kiếm
Nghị định 45/2020/NĐ-CP (Bản Word)
Nghị định 45/2020/NĐ-CP (Bản Pdf)