Chương II Nghị định 45/2020/NĐ-CP: Quy trình thực hiện thủ tục hành chính trên môi trường điện tử

Chapter II

PROCEDURE FOR HANDLING OF ADMINISTRATIVE PROCEDURES BY ELECTRONIC MEANS

Article 7. Account registration

1. Accounts used to carry out electronic administrative procedures may be registered via the national public service portal or ministerial-level or provincial public service portals or using digital identities provided by digital identity providers connected with or integrated into the digital identity exchange platform.

2. Only electronic applications sent from registered accounts may be received and handled.

Article 8. Account sign-in

1. The organization or individual shall access the national public service portal or ministerial-level or provincial public service portals to sign into their account and have their identity authenticated.

2. Assurance levels upon account sign-in

a) Level of assurance of the digital identity that an organization or individual uses to sign in (hereinafter referred to as “identity assurance level”) shall be determined based on verification of the digital identity’s information provided by the organization or individual via automatic comparison with the information and data currently managed by the system or connected or shared; or comparison with the proof directly provided by the organization or individual;

b) Level of authentication assurance when a user signs in (hereinafter referred to as “authenticator assurance level”) shall be determined based on at least one authentication factor of the organization or individual.

3. Organizations and individuals that have signed in and had their identities authenticated successfully on the national online public service portal may directly sign into ministerial-level or provincial public service portals or systems providing relevant public services via the one-time access mechanism.

4. Online public service developers and providers shall determine the authenticator assurance levels that are applicable to administrative procedures. In case the authenticator assurance level has more requirements than the identity assurance level, the organization or individual shall provide additional authentication factors on the national online public service portal or ministerial-level or provincial public service portals according to the instructions from competent authorities.  

Article 9. Electronic application preparation and submission

1. Regulations on electronic application preparation and filling of electronic forms by an organization or individual at the request of online public service providing systems:

a) Fill in the given electronic forms;

b) Upload valid electronic documents or cite documents from the organization or individual’s electronic data store;

c) Digitally sign the electronic forms and/or documents upon request. Request for the digital signature must be announced before the organization or individual submits the electronic application. Digitally signed components of the electronic application and physical documents with valid signatures shall have the same legal value.

2. The organization or individual shall submit the completed electronic application and electronic forms to the competent authority. With the organization or individual’s permission, the information system will retain and use the information and data recorded to automatically fill in electronic applications and electronic forms the next time the organization or individual applies for an administrative procedure.

Article 10. Request for issuance of legally valid electronic copies

1. For documents yet to be digitalized or retained or have their information connected or shared with the national public service portal, public service portals and ministerial-level or provincial single-windows information systems, organizations and individuals may request competent authorities to issue the electronic copies of such documents by any of the following methods:

a) Request for issuance of an electronic copy based on the master register;

b) Request for electronic copy certification.

2. In case an organization or individual requests for issuance of an electronic copy based on the master register, the authority managing the master register shall digitally sign and issue the electronic copy based on the master register to the requester. Competence in issuance of electronic copies based on master registers and organizations and individuals holding the right to request such issuance are provided for by regulations of laws on issuance of copies based on master registers.

An electronic copy issued based on the master register may be used in place of its authentic copy in transactions unless otherwise provided for by law.

3. If an organization or individual requests for certification of an electronic copy, competence in certification, certification location and required documents, responsibilities of the requester and person authorized to certify the copy, certification time and extension thereof, charges and other costs and retention requirements are provided for by regulations of laws on certification. The certification procedure is as follows:

a)  The applicant shall present the authentic copy of the copy to be certified.

If the authentic copy is issued, notarized or recognized by a foreign competent authority, it must undergo consular legalization as per the law before it can be used for certification, except for the cases in which consular legalization is exempt according to international conventions to which Vietnam is a signatory or the principle of reciprocity.

b) The person certifying the copy shall inspect and photograph the authentic copy, write the words denoting that the copy being certified is a true copy, add the digital signatures of themselves and the competent certification authority, and update the certification book.

An electronic copy certified according to regulations of this Decree may be used in place of its authentic copy in transactions unless otherwise provided for by law.

4. Every authority with competence in issuance of an electronic copy shall send the digitally signed electronic copy to the electronic data store of the organization or individual on the national public service portal. In case the organization or individual does not have an account on the national public service portal, such authority shall email the digitally signed electronic copy to the organization or individual.

Article 11. Procedures for receipt and handling of administrative procedures by electronic means

1. The national public service portal or ministerial-level or provincial public service portal shall automatically inspect the application in terms of the technical aspect upon receipt. If the application meets all component and technical requirements, the applicant shall be automatically notified of the application’s successful submission and the time of official receipt of the application.

2. An official or public employee shall access the ministerial-level or provincial single-window information system and inspect the submitted application. Such inspection includes:

a) Inspection of accuracy of information written in forms via information and data in information systems and databases readily connected and shared with the national public service portal, ministerial-level or provincial public service portal and ministerial-level or provincial electronic single-window information system;

b) Inspection of the digital signature to ensure authentication, validity, accuracy and integrity of each component of the application submitted or cited and components submitted per electronic authentication requirements; the digital signature shall be inspected as prescribed by the Law on E-Transactions.

3. After the inspection, if the application is adequate, the official or public employee shall receive and assign an identifying number to the application and process it following the procedure stated in Chapter III of the Government’s Degree No. 61/2018/ND-CP dated April 23, 2018 and relevant regulations of laws. If the application is inadequate or fails to meet any requirement, the official or public employee shall inform the applicant via the applicant's account on the national public service portal, ministerial-level or provincial public service portal or another contact channel registered by the applicant and provide instructions on how to amend the application according to requirements once for the applicant.

4. The official or public employee shall notify the applicant of official receipt of the application or request the applicant to amend the application within 08 working hours from the time of receipt on the system.

5. With the applicant’s permission, the information and components of the application mentioned in Clause 2 herein shall be retained in the applicant’s electronic data store after the competent authority receives and verifies such information and components.

Article 12. Amendments to electronic applications

1. Organizations and individuals shall amend their applications on the national public service portal or ministerial-level or provincial public service portals at the request of competent authorities.

2. Methods for making amendment to electronic applications:

a) Create the amending information based on the required criteria and format and send it to the national public service portal or ministerial-level or provincial public service portal;

b) Declare directly on the national public service portal or ministerial-level or provincial public service portal.

c) Amendments to electronic applications and/or information shall be recorded. The application number of an application that has been amended shall remain the same.

Article 13. Online fulfillment of financial obligations arising from administrative procedures

1. Organizations and individuals shall pay fees, charges and/or taxes and fulfill other financial obligations (if any) arising from administrative procedures via the online payment function of the national public service portal or ministerial-level or provincial public service portals or via other methods as prescribed by law.

2. Methods for authentication in online fulfillment of financial obligations on the national public service portal:

a) One-time sign in based on the connection between the national public service portal and the ministerial-level or provincial public service portal, public service provider and payment systems of banks and payment intermediaries; 

b) Using an account of a bank or payment intermediary if not signing in using an account of the national public service portal.

3. Payment deadlines and rates of fees, charges and other financial obligations (if any) are provided for by the Law on Fees and Charges and relevant legislative documents.

4. State budget contribution documents digitally signed by a bank or payment intermediary and information on successful state budget contribution shall be sent to the state budget contributor, competent authorities and relevant authorities and organizations (if any) to proceed to the next steps of the administrative procedure.

5. Documents used for information exchange between competent authorities, persons fulfilling financial obligations and banks or payment intermediaries are provided for by regulations of laws on administrative procedures pertaining to State Treasury.

6. Fees for online payment services are stipulated by regulations of banks or payment intermediaries unless otherwise provided for by law.

7. Responsibilities of banks or payment intermediaries:

a) Provide solutions for online payment of fees, charges and taxes and fulfillment of other financial obligations arising from administrative procedures for competent authorities via connection/integration with the online payment function of the national public service portal or ministerial-level or provincial public service portals;

b) Publish the online payment fee rate of each specific case before organizations and individuals make payments;

c) Publish the payment process and method of organizations and individuals on the national public service portal and ministerial-level or provincial public service portals to provide the basis for cooperation in settlement of payments, trace requests and complaints between relevant parties;

d) Crosscheck daily to ensure consistency of data on transactions between banks and/or payment intermediaries and between banks or payment intermediaries and competent authorities; relevant parties shall identify the cause and cooperate in handling if there is any discrepancy;

dd) Do bookkeeping and settle fulfillment of financial obligations arising from administrative procedures adequately according to regulations of laws;

e) Regularly review and inspect, and promptly detect and remedy incidents caused by system’s technical issues or errors made by staff of banks or payment intermediaries; cooperate with relevant authorities and units in identifying the cause and producing solutions to ensure safe and continuous management and operation of online payment systems on the national public service portal or ministerial-level or provincial public service portals.

g) Ensure quality of online payment services and information security during electronic administrative procedures as per the law;

h) Cooperate with competent authorities in resolving difficulties and fulfilling trace requests of organizations and individuals.

8. Responsibilities of competent authorities:

a) Integrate and synchronize information and data related to requests for fulfillment of financial obligations arising from administrative procedures of organizations and individuals with the national public service portal or ministerial-level or provincial public service portals intra vires;

b) Cooperate with banks or payment intermediaries in connection, integration and launch of online payment services for financial obligations arising from administrative procedures within their respective competences; crosscheck regularly to ensure consistency of data between parties, which shall identify the cause and cooperate in handling if there is any discrepancy;

c) Publish contacts points for cooperation with commercial banks, payment intermediaries and relevant authorities and units on the national public service portal and ministerial-level or provincial public service portals, which provides the basis for cooperation in settlement of payments, trace requests and complaints;

d) Regularly review and inspect and promptly detect and remedy incidents caused by system’s technical issues or errors made by officials and public employees; cooperate with relevant authorities and units in identifying the cause and producing solutions to ensure safe and continuous management and operation of online payment systems on the national public service portal or ministerial-level or provincial public service portals;

dd) Ensure quality of online payment services and information security during electronic administrative procedures as per the law;

9. State Treasury shall connect, integrate and share data with the national public service portal to facilitate online fulfillment of financial obligations arising from administrative procedures.

Article 14. Administrative procedure results

1. The competent authority shall announce the administrative procedure result to the organization or individual according to regulations of specialized legislative documents and announce such result electronically to the organization or individual in the electronic data store of the organization or individual. In case the organization or individual authorizes another entity to carry out the administrative procedure, the result shall be announced in compliance with the authorization agreement.

2. Administrative procedure results written on physical documents and in electronic formats shall have the same legal value.

3. Requirements for an electronic administrative procedure result:

a) It fully reflects the required contents of the administrative procedure result; 

b) It bears the digital signature of the competent authority;

c) Data integrity, authenticity, non-repudiation and compliance with regulations of the Law on E-Transactions are ensured;

d) It is synchronized with the organization or individual’s electronic data store on the national public service portal using the following code format:

Application number-KQ(n)

In which n is the serial number of each result for administrative procedures with multiple results.

Article 15. Annulment of results of electronic administrative procedures

1. In case the result of an administrative procedure expires, the competent authority shall mark and record the expiration time and annul such result in databases, information systems and electronic data stores of the organization or individual and notify relevant authorities.

2. Annulled results of electronic administrative procedures shall be retained for competent authorities to browse for a period required by specialized laws

3. Upon annulment of the result of an electronic administrative procedure, any physical document converted from such result shall become invalid.

Article 16. Electronic data stores

1. Any organization or individual with an e-transaction account on the national public service portal or a ministerial-level or provincial public service portal may be provided with an electronic data store on such portal.

2. The electronic data store on the national public service portal shall be used for management and storage of the following data or links to the following data:

a) Basic information on the enterprise provided or updated by the national enterprise database; or basic information on the individual provided or updated by the national residential database;

b) Results or links to results of administrative procedures that are within the competence of the ministry, ministerial-level agency or local government;

c) Components of applications for administrative procedures successfully received and handled by competent authorities and permitted to be retained by the organization or individual;

d) Electronic copies based on master registers or certified electronic copies issued by competent authorities;

dd) Information readily available on the ministerial-level or provincial public service portal and synchronized with the national public service portal.

3. The electronic data store of the organization or individual on the ministerial-level or provincial public service portal shall be used for storage of the following information or links to the following information:

a) Basic information on the enterprise provided or updated by the national enterprise database or basic information on the individual provided or updated by the national residential database after the connections with these databases are established;

b) Components of applications for administrative procedures that are successfully received and handled, and results of administrative procedures that are within the competence of the ministry, ministerial-level agency, local government or system manager.

4. Information stored in the organization or individual’s electronic data store on the national public service portal or a ministerial-level or provincial public service portal shall be analyzed automatically and used to assist the organization or individual with:

a) Automatically filling electronic forms;

b) Supporting, informing about and/or suggesting administrative procedures that meet the organization or individual’s needs.

5. Management, connection and sharing of data in electronic data stores shall be carried out in compliance with regulations on management, connection and sharing of digital data of state agencies, regulations on personal data protection and relevant regulations of law.

Article 17. Retention of applications for and results of electronic administrative procedures

1. Applications for and results of electronic administrative procedures shall be retained in compliance with regulations of specialized laws, as suitable to electronic retention capacity and in accordance with relevant regulations of laws on retention. Retention of electronic administrative procedure applications and results and retention of physical administrative procedure applications and results are equally valid.

2. Authorities and units in charge of retention of applications for and results of electronic administrative procedures must satisfy the requirements provided for in Clause 1 Article 15 of the Law on E-Transactions.

Article 18. Conversion of electronic administrative procedure applications and results into physical documents

1. Organizations and individuals may print their electronic administrative procedure applications and results and competent authorities may print electronic administrative procedure applications and results of organizations and individuals under their management from information systems to retain or compare information, present them for inspection of administrative procedure applications/results or provide them for organizations and individuals that wish to browse or verify information in accordance with the law.

2. Requirements for physical documents converted from electronic administrative procedure applications and results:

a) The physical documents fully reflect the contents of the electronic administrative procedure application and result; 

b) The physical documents contain the application for and result of the administrative procedure that has been handled on the information system and name of the information system or the information system’s management unit;

c) The physical documents contain the identifying numbers of the electronic administrative procedure application and result for browsing and verification purposes or name and signature of the applicant for the conversion;

d) The physical documents bear the seal of the authority or organization carrying out the conversion if the conversion is required by law or an agreement between transacting parties;

dd) The physical documents can be browsed at any time during normal operation of the information system.

3. The electronic administrative procedure application and result and the physical documents converted from such application and result are equally valid unless otherwise provided for by specialized laws.

4. An information system supporting production and handling of electronic administrative procedure applications and results must be capable of converting such applications and results into physical documents.