Chương II Nghị định 61/2018/NĐ-CP về thực hiện cơ chế một cửa, một cửa liên thông trong giải quyết thủ tục hành chính: Tổ chức, mối quan hệ công tác và trụ sở bộ phận một cửa

Chapter II

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

Article 7. Organization of the One-stop Shop

1. At the ministerial level

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.

Facilities, main offices, equipment, machinery and technical applications of Document Receipt and Response Divisions at provincial-level specialized entities shall be provided by these entities.

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

a) Fully and promptly publish by electronic means or in writing the list of administrative procedures carried out at One-stop Shops; the contents of administrative procedures which are publicized under the provisions of the law on control of administrative procedures and this Decree; support those unable to access administrative procedures publicized by electronic means;

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;

c) Monitor, push, judge and assess public officers, servants or employees seconded by competent entities to work at the One-stop Shop with regard to ensure that they comply with working hours and legislative regulations on working regimes, workplace culture and rules;

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.

5. Collaborate with entities seconding public officers, servants or employees to judge and impose actions against any of their violations, publicize results of such actions to organizations or individuals filing their claims, petitions, complaints or denunciations against these violations.

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;

c) Offices of ministries, offices of general departments, directorates or offices of departments, authorities or administrations shall send their public officers, servants or employees to manage and operate the main office, equipment, machinery and network systems of the Document Receipt and Response Division.

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.

4. At the communal level

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;

c) Have good moral standards and a high sense of responsibility during the period of performing assigned duties;

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;

h) Implement provisions laid down in relevant laws;

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.

2. Guide, urge and inspect public officers, servants and employees who receive, evaluate or collaborate in the evaluation of relevant documentation; transfer such documentation to competent agencies to handle inter-level administrative procedures; approve or submit to competent authorities for approval of administrative documentation and inform results of administrative procedures settlement to organizations and individuals at the One-stop Shop.

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

1. One-stop Shop must be located in a conspicuous place, must cover an area of land appropriate for performing assigned tasks and dealing with the number of transactions during the day.

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.