Chương III Nghị định 45/2020/NĐ-CP: Kiểm soát việc cung cấp thủ tục hành chính trên môi trường điện tử

Chapter III

CONTROL OF PROVISION OF ELECTRONIC ADMINISTRATIVE PROCEDURES

Article 19. Responsibility for assurance of provision of electronic administrative procedures

1. Ministries, ministerial-level agencies and Vietnam Social Security shall develop and provide the following administrative procedures by electronic means:

a) Administrative procedures within their respective competences;

b) Administrative procedures production of solutions for nationwide centralized provision of which is assigned by competent authorities;

c) Groups of related administrative procedures under state management of multiple ministries.

2. People's Committees of provinces and central-affiliated cities shall formulate and adopt solutions for assuring provision of electronic administrative procedures within their respective competences, excluding the administrative procedures mentioned in Clause 1 of this Article.

Article 20. Contents of control of provision of electronic administrative procedures

1. Provision of electronic administrative procedures shall be subject to professional and technical control during their development and operation.

2. Professional control includes assessments of the necessity, reasonableness, lawfulness and efficiency of the procedure selection process, identity assurance level and authenticator assurance level of the procedure, adoption of solutions for handling the procedure by electronic means and review of provision of the procedure by electronic means.

3. Technical control includes assessments based on standards for system design; data connection and sharing; assurance of information safety and data integrity; system’s response time; data store capacity; error processing time; and user interface friendliness.

Article 21. Selection of administrative procedure groups and administrative procedures to be carried out by electronic means

An administrative procedure group or an administrative procedure may be prioritized to be carried out by electronic means if it meets any of the following criteria:

1. It has a large number of applications and/or high transaction frequency;

2. Components of its applications and input data have been digitalized by state agencies and readily available for connection and sharing;

3. Its applications have a large amount of components and/or the size of its electronic application is large;

4. It is a group of related administrative procedures that are within the competence of multiple ministries and local governments;

5. It is a group of administrative procedures that are within the competence of multiple units of a ministry or local government;

6. It is an administrative procedure group or an administrative procedure that is prioritized to be carried out by electronic means according to the direction of the Government or the Prime Minister.

Article 22. Formulation of list of prioritized electronic administrative procedures

1. On an annual basis, specialized authorities and units shall cooperate with the authority/unit managing administrative procedures of a ministry, ministerial-level agency, Vietnam Social Security or provincial People's Committee in reviewing the administrative procedures within their competence, which are mentioned in Article 19 and selected based on the criteria listed in Article 21 of this Decree, drawing up a list of administrative procedures that should be carried out by electronic means, gathering opinions of relevant authorities/units and affected entities and proposing such list to the head of the ministry, ministerial-level agency or Vietnam Social Security or Chairperson of the provincial People’s Committee for consideration and decision, which must clarify the schedule and plans for development and operation of the proposed administrative procedures.

2. Office of the Government shall take charge and cooperate with ministries and provincial People’s Committees in reviewing and advising the Government and the Prime Minister on promulgation of lists of prioritized administrative procedures and administrative procedure groups under interdisciplinary management or within the competence of both a ministry and a local government.

Article 23. Procedures for formulation and adoption of solutions for assurance of provision of electronic administrative procedures

1. Authorities and units in charge of controlling administrative procedures shall cooperate with specialized bodies and units of ministries, ministerial-level agencies, Vietnam Social Security and provincial People's Committees in reviewing connected administrative procedure groups and prioritized administrative procedures that have been approved; and simplifying components of applications via assessment of available data sources and information provision and integration readiness during handling of electronic administrative procedures using the following solutions:

a) Add to electronic forms information from the application’s components that could be inspected/verified due to data sharing/integration between information systems and databases. The applicant is not required to submit, upload or cite these components; 

b) Request the applicant to upload legally valid electronic copies and/or electronic authentic copies of documents containing results of previous administrative procedures and issued by competent authorities or to cite these documents;

c) Request the applicant to upload qualified electronic authentic copies of documents that do not contain administrative procedure results issued by competent authorities and take responsibility for the accuracy of these documents.

2. Procedure for and duration of handling of administrative procedures and other components of administrative procedures shall be simplified by application of information technology in receipt and handling of applications.

3. Identify technical solutions for handling of administrative procedure; solutions for identification and safety assurance levels of electronic authentication methods; solutions for use and sharing/integration of information with relevant public services and data sources; and other technical solutions.

4. Based on the simplification options and solutions mentioned in Clauses 1 and 2 of this Article, heads of ministries, ministerial-level agencies and provincial People's Committees shall direct provision of electronic administrative procedures in a manner that meets technical standards for interface, access, interaction, data sharing and connection, retention and security according to regulations.

5. A service shall be provided experimentally for 02 months and completed before it is officially put into use on a ministerial-level or provincial public service portal and the national public service portal.

Article 24. Review and assessment of provision of electronic administrative procedures

1. The authorities in charge of assurance of provision of electronic administrative procedures according to Article 19 of this Decree may review and assess provision of electronic administrative procedures.

2. Authorities and units in charge of controlling administrative procedures shall cooperate with specialized bodies and units of ministries, ministerial-level agencies, Vietnam Social Security and provincial People's Committees in drawing up lists of existing electronic administrative procedures to be reviewed and assessed on the basis of:

a) Directions of the Government or the Prime Minister;

b) Decisions of Ministers, heads of ministerial-level agencies and Chairpersons of People’s Committees of provinces and central-affiliated cities;

c) Feedback, propositions and assessment results concerning electronic administrative procedures from organizations and individuals.

3. Office of the Government shall review and assess provision of electronic administrative procedures independently for the following cases:

a) According to directions of the Government or the Prime Minister;

b) Groups of related administrative procedures within the competence of multiple ministries and local governments;

c) Administrative procedures integrated into or provided on the national public service portal that are regarded as complicated or difficult or affect business operations of business entities and people’s daily life.

4. Review and assessment of provision of electronic administrative procedures shall include administrative procedure review and assessment in accordance with regulations on administrative procedure control and assessment of solutions for assurance of provision of electronic administrative procedures.

5. Ministers, heads of ministerial-level agencies and Chairpersons of provincial People’s Committees shall direct improvement of provision of electronic administrative procedure based on review and assessment results.

Article 25. Administrative procedure result digitalization

1. For physical administrative procedure results currently managed or retained by competent authorities, Ministers, heads of ministerial-level agencies, General Director of Viet Nam Social Security and Chairpersons of provincial People’s Committees shall direct digitalization of such results and retention of information and data in relevant information systems and databases intra vires.

2. Methods for administrative procedure result digitalization:

a) Photocopy and conversion of the physical administrative procedure result into files in information systems and databases;

b) Conversion of contents of the physical administrative procedure result into electronic data for retention in information systems and databases.

3. Requirements for administrative procedure result digitalization:

a) The electronic result fully reflects the contents of the physical administrative procedure result; 

b) The electronic administrative procedure result shall bear the digital signature of the individual, organization or authority carrying out (or in charge of) the digitalization or be authenticated by an authentication method decided by the competent authority;

c) The electronic administrative procedure result must have a mark denoting the digitalization.

4. A physical administrative procedure result and its digitalized version are equally valid unless otherwise provided for by specialized laws.