Chương III : Phạm vi tiếp nhận và quy trình giải quyết thủ tục hành chính

Chapter III

REMIT TO RECEIVE AND STEPS IN HANDLING OF ADMINISTRATIVE PROCEDURES

Article 14. Remit to receive administrative procedures at One-stop Shops

1. At the ministerial level

a) Document Receipt and Response Division of ministries and ministry-level agencies receives administrative documentation under the single or interagency handling jurisdiction of entities directly controlled by ministries or ministry-level agencies;

b) Document Receipt and Response Division of general departments, directorates and equivalents, ministry-controlled departments receives administrative documentation under the single or interagency handling jurisdiction of entities thereof;

c) Document Receipt and Response Division of centrally-controlled entities organized in the vertical structure at localities receives administrative documentation under the single or interagency handling jurisdiction of affiliates thereof.

2. At the provincial level

a) Public Administrative Service Center receives administrative documentation under the single or interagency handling jurisdiction of provincial-level People's Committees, specialized entities of provincial-level People's Committees, those under the single or interagency handling jurisdiction of entities organized in the vertical structure at localities according to directives given by the Prime Minister, and those under the handling jurisdiction of ministries, sectoral administrations and district-level People's Committees that are delivered and received at this Center;

b) Document Receipt and Response Division of provincial-level specialized entities receives administrative procedures under the single or interagency handling jurisdiction of these entities, those under the handling jurisdiction of ministries, sectoral administrations and district-level People's Committees authorized to receive them at provincial-level specialized entities.

3. At the district level

District-level Document Receipt and Response Division receives documentation of all administrative procedures under the single or interagency handling jurisdiction of district-level People's Committees, some of administrative procedures under the single or interagency handling jurisdiction of entities organized in the vertical structure at localities according to the Prime Minister’s directives, and those administrative procedures under the handling jurisdiction of specialized entities controlled by provincial-level People's Committees or communal-level People's Committees that are delivered and received at the district level.

4. At the communal level

Communal-level Document Receipt and Response Division receives documentation of administrative procedures under the handling communal-level jurisdiction and those under the handling jurisdiction of districts authorized to receive administrative documentation at the communal level.

5. Based on the particular nature and management requirements of each sector, Ministers and Heads of ministry-level agencies and Chairpersons of provincial-level People's Committees making decisions on administrative procedures shall not receive such documentation at the One-stop Shop specified in clauses 1, 2, 3 and 4 of this Article, but must apply procedures for monitoring of receipt and handling of documentation and notification of results of handling of such documentation as provided herein, including the following cases:

a) Administrative procedures are implemented in a movable manner in accordance with laws;

b) Administrative procedures prescribe persons subject to inspection and assessment may directly receive and be informed of results of handling of administrative procedures at the time and location of inspection and assessment carried out outside of the One-stop Shop’s main office.

Article 15. Instructions for declaration of information and preparation of documents used for carrying out administrative procedures

1. Public officers and servants working at the One-stop Shop shall be responsible for providing the following instructions:

a) Documents and papers that organizations and individuals must submit upon handling of administrative procedures;

b) Procedures and deadlines for handling of administrative procedures;

c) Amounts and forms of payment of taxes, fees, charges or discharge of other financial obligations (if any);

d) Provision of information and materials related to implementation of administrative procedures upon the requests of organizations or individuals in accordance with laws.

All instructions must be accurate, in full and in detail according to legislative documents in force, decisions on release of administrative procedures of competent entities, publicized on the national database of administrative procedures and at locations where administrative procedures are handled.

2. Instructions shall be given to organizations and individuals in the following forms:

a) Direct instructions provided at the One-stop Shop;

b) Instructions given via switchboard systems or special telephone numbers available for public uses;

c) Online instructions given on the national public service portal, ministerial-level or district-level public service portal or via social networks certified by competent entities;

d) Written instructions sent by post;

dd) Set of sample completed forms, readily built instructional videos or in other forms.

Instruction contents are stored at the One-stop Shop.

3. In case where the list of documents included in the package submitted for handling of administrative procedures is less than the list of publicly disclosed documents as provided in clause 1 of this Article or submitted documents have not provided sufficient information according to forms or samples included in instructions of competent entities, receivers of submitted documents for handling of administrative procedures shall have to instruct representatives of organizations or individuals to provide a single supplement in full and accurately.

Article 16. Forms of submission of documents and receipt of results of handling of administrative procedures

Requesting organizations and individuals may submit documents and receive results of handling of administrative procedures in the forms prescribed in legislative instruments on administrative procedures:

1. Directly at the One-stop Shop;

2. By using public postal services as per the Prime Minister’s regulations, hired services provided by businesses, persons or authorization given in accordance with laws;

3. Online at ministerial-level or provincial-level public service portals.

Article 17. Receipt of documents used for implementation of administrative procedures

1. As for documents received in any of the forms prescribed in clause 1 and clause 2 of Article 16 herein, public staff members receiving submitted documents at One-stop Shops must verify and inspect the accuracy and adequacy of these submitted documents; scan and store them in electronic files, and input them into databases of single-window electronic information systems of ministries, sectoral administrations and localities.

a) In case where submitted documents are not sufficient or accurate in accordance with regulations, public staff members receiving submitted documents must instruct representatives of requesting organizations or individuals to provide supplements to make perfect documents as provided in clause 3 of Article 15 herein and must clearly state reasons by using the request form for supplementation and perfection of submitted documents;

b) In case of refusal to receive documents, public staff members receiving submitted documents must clarify reasons by using the form of refusal to process documents intended for handling of administrative procedures;

c) If submitted documents are sufficient and accurate in accordance with regulations, in-charge public staff members shall be responsible for receiving submitted documents and preparing the note of receipt of documents and appointment for response.

2. With regard to documents submitted only via public service portals at the ministerial or provincial level, public staff members receiving documents at One-stop Shops must review and verify the accuracy and adequacy of submitted documents.

a) In case where submitted documents have not yet been sufficient, accurate or have fallen outside of the handling jurisdiction in accordance with regulations, receiving public staff members must send notifications clearly stating contents, reasons and detailed and full instructions so that requesting organizations or individuals can provide full and accurate supplements one time or send documents to the right competent entities.

Notifications shall be sent by using the function of sending electronic mails or sending messages to people via ministerial-level or provincial-level public service portals;

b) If submitted documents are sufficient and valid, public staff members at One-stop Shops must receive and forward them to competent entities for further handling according to procedures prescribed in Article 18 herein.

3. After being received successfully, each administrative document will get a verification code inscribed in the note of receipt of documents and appointment for notification of results. Requesting organizations and individuals may use verification codes to log in the national public service portal or ministerial-level or provincial-level public service portals to check the status of their submitted documents.

4. If administrative procedures require that handling results must be informed immediately after receipt and processing of documents that are adequate, accurate or meet receiving requirements, receiving public staff members shall not need to issue notes of receipt of documents and appointment for notification of handling results, but shall have to input the status of documents or handling results into the single-window electronic information system; if persons submitting documents still demand notes of receipt of documents and appointment for notification of handling results, receiving public staff members must provide these notes to them.

5. In case where public staff members working at One-stop Shops are assigned and authorized to handle administrative procedures by competent entities, provisions laid down in Article 19 herein must be observed, the status of documents and handling results must be input into the single-window electronic information system.

Article 18. Forwarding of submitted documents to competent entities

Immediately after receipt of documents required to carry out administrative procedures as provided in Article 17 herein, receiving staff members must forward them to competent entities as follows:

1. Forwarding data on electronic documentation received online from organizations and individuals to competent entities through connections between the public service portal and the ministerial-level or provincial-level single-window information system.

2. Promptly forwarding documents directly received within the working day or forwarding them at the beginning of the following working day if these documents are received after 3 pm every day.

3. In case of receipt of documentation under the handling jurisdiction of other competent entities, receiving staff members shall forward paper documents and electronic ones to respecting One-stop Shops of these entities within the working day or at the beginning of the subsequent working day if these documents are received after 3pm every day.

Forwarding of documents to competent entities as mentioned in clause 2 and clause 3 of this Article may be carried out by using public post services or other services to ensure cost efficiency, effectiveness and safety for these submitted documents.

Article 19. Handling of administrative procedures

1. After receipt of documents submitted for handling of administrative procedures, heads of competent entities shall assign public staff members to process and verify them before seeking approval of results of handling thereof.

2. In case administrative procedures do not require any inspection or verification or comments from organizations and individuals involved, public staff members authorized to handle submitted documents shall carry out verification and assessment thereof before seeking decisions from competent entities; shall input updated information into the single-window electronic information system; shall inform about results of handling of administrative procedures.

3. In cases where assessment and verification of submitted documents are legally required

a) Public staff members authorized to process documents shall have to inspect and verify these documents before seeking decisions from competent entities and input updated information into the single-window electronic information system;

b) The process of inspection and verification must be documented and filed in the database of the single-window electronic information system while files and documents on such process must be deposited with handling entities.

In case where it is obliged that requesting organizations and individuals must be present to inspect and verify submitted documents, information about the time, location and subject matters of and participants in the verification must be input into the database of the single-window electronic information system or provided for One-stop Shops for monitoring purposes in default of that system.

4. If submitted documents fail to meet regulatory requirements after inspection or verification, entities having jurisdiction to handle administrative procedures shall return received documents, and send written notifications clearly indicating reasons for such return and entries needing to be supplemented by using the request form for supplementation and perfection of documents to requesting organizations and individuals via One-stop Shops. The permissible duration of issue of notification of document return shall not exceed 03 working days from the date of receipt of documents unless otherwise specified by specialized laws. The duration of handling of administrative procedures shall be reset as usual after receipt of all required documents.

5. In cases where submitted documents are subject to comments from entities concerned

a) Entities presiding over handling documents or One-stop Shops, if being assigned or authorized to do so, shall send electronic notifications or written requests for cooperation in dealing with these documents, clearly describing which information requires comments and the deadline for sending comments, to entities concerned.

Updated information about the process of collection of comments from entities concerned must be provided regularly and in full in terms of subject matters requiring comments, duration of receipt of comments and entities collecting comments on the single-window electronic information system;

b) Entities requested to give their comments shall be responsible for giving their comments within the permissible duration and publicizing their final comments or results obtained from their participation in giving comments into the single-window electronic information system or the document processing control form. In case entities requested to give comments have not sent any electronic or documentary replies by the deadline, entities presiding over collection of comments shall inform heads of One-stop Shops sending documents that need to be commented on of such delay to request their cooperation in taking appropriate actions.

6. In cases where submitted documents are processed under the procedures for interconnection between same-level competent entities

a) If requesting organizations and individuals submit paper documents, One-stop Shops shall set the order of entities having jurisdiction to handle administrative procedures, forward paper documents to competent entities presiding over handling thereof. Presiding entities shall be responsible for handling these documents, forwarding them and results of handling thereof under their jurisdiction (if any) to the next competent entities by using the form of forwarding of documents that clearly states work contents and deadlines for handling of documents imposed on specific entities; input updated information about handling of documents and information about forwarding of documents into the single-window electronic information system.

Competent entities shall handle administrative documentation, forward handling results and documentation to the next competent entities according to the defined order of One-stop Shops; after the terminal competent entity completes its handling, it shall forward handling results and attached documentation to the presiding competent entity; the presiding entity shall forward results of handling of administrative documentation to the One-stop Shop to inform requesting organizations and individuals of handling results; input updated information about the status and results of handling of documentation in an interagency manner into the single-window electronic information system;

b) In case where requesting organizations or individuals submit electronic documents, the One-stop Shop shall send an e-mail enclosing them to all of participating entities in which the presiding entity, responsibilities, tasks to be performed and deadline for notification of results that are determined by specific entities involved must be clearly stated. The entities involved in the interagency handling of documentation shall process documents under their respective jurisdiction, inform about processing results to the entities demanding such results to take further steps and send them to the One-stop Shop to inform these results to requesting organizations and individuals; input updated information about the status and results of the interagency handling of documentation into the single-window electronic information system.

7. In cases where submitted documents are processed under the procedures for interconnection between competent entities at different administrative levels

a) The One-stop Shop shall forward paper documents to senior competent entities; send information about administrative documentation available on the single-window electronic information system to the One-stop Shops of these senior entities for the purposes of monitoring electronic document data and transfer them to relevant competent entities to seek their decisions in accordance with regulations in force;

b) Senior competent entities shall deal with documents as per clause 1, 2, 3, 4 and 5 of this Article; transfer results to the One-stop Shop that receives documentation from organizations and individuals to inform about these results according to the note of receipt of documents and appointment for notification of results.

8. If documents specified in clause 1 and 2 of this Article fail to meet regulatory requirements after inspection and verification, entities handling administrative procedures shall return documents and inform clear reasons in writing for refusal by using the form of refusal to handle documents to requesting organizations and individuals via the One-stop Shop. The notification shall be combined with the section intended for responding with results on the single-window electronic information system. The deadline for issue of notification must fall within the prescribed duration for handling of documents.

9. With regard to documents failing to be handled by the defined deadline, no later than 1 day before the deadline, the entity having jurisdiction to handle documents must inform the One-stop Shop in writing and send a letter of apology to requesting organizations and individuals which clearly states reasons for late submission, timelength of required extension for notification of results by using the form of request for extension. Another deadline for notification of results shall be reset only one time.

Based on the form of request for extension, the One-stop Shop shall update the new deadline for notification of results on the single-window electronic information system and shall send a notification to the requesting organization or individual by an email, text message, phone call or via the social network (if any) endorsed by competent entities.

Article 20. Return of documents and notification of results of handling of administrative procedures

1. Results of handling of administrative procedures informed by competent entities to requesting organizations and individuals after such handling is finished must be sufficient in accordance with regulations.

2. In case authentic or original copies of documents have been submitted for photocopying, scanning, collation or validation purposes, competent entities must return these authentic or original copies to requesting organizations or individuals; the time of return shall be prescribed in specialized laws.

3. Organizations or individuals shall receive results of handling of administrative procedures at the time and location inscribed in the note of receipt of documents and appointment for notification of results; in case of registration for online notification of such results, they shall be informed via the ministerial-level or provincial-level public service portal.

4. It shall be advised that results of handling of administrative procedures should be received before the prescribed deadline. Handing out results of handling of administrative procedures before the prescribed deadline must be informed to requesting organizations or individuals in advance by text messages, emails, phone calls or via social networks licensed by competent entities.

5. Results of handling of administrative procedures handed out to requesting organizations or individuals must be stored in the single-window electronic information systems of competent entities to be available for use and access to search information and data in accordance with laws.

Article 21. Responsibilities of entities and persons involved for handling of documents, results that are incorrect, lost, missing or damaged and late notification of results

1. In case any error in results of handling of administrative procedures is caused by fault on the part of public staff members and entities having jurisdiction to handle administrative procedures, they must make correction, provide necessary supplements, annul or replace information containing that error or rectify that error, and shall be liable for all costs incurred from such supplementation, correction, annulment, replacement or rectification.

2. If documents are lost, go missing or are damaged during the period of handling of administrative procedures, entities and persons involved shall be responsible for cooperating with organizations or individuals owning documents that have been lost, gone missing or damaged and competent entities in taking remedial actions; identifying entities or persons at fault to charge them with paying all costs incurred from applying for reissue of documents and ascribe other related responsibilities and apologizing requesting organizations or individuals for such incident. In case loss, mislaying or damage of documents is related to violations of law, depending on the nature and seriousness of these violations, defaulting organizations or individuals shall be subject to actions prescribed by laws.

3. If documents on results of handling of administrative procedures which are sent by using public postal services are lost, mislaid or damaged, actions regulated by the Prime Minister and relevant laws shall be imposed.

Article 22. Methods of payment of fees and charges

1. Organizations and individuals shall be responsible for paying fees and charges for handling of administrative procedures that have already been regulated (if any) according to the following methods:

a) Making direct payments or transferring fees or charges to accounts held by competent entities;

b) Making direct payments or transferring fees or charges to accounts of enterprises providing public postal services before they are remitted to competent entities if administrative procedures are carried out by using public postal services or submitting documents online;

c) Making payments online by using the function of payment of fees and charges provided on the single-window electronic information systems of ministries, sectoral administrations or localities.

2. Requesting organizations or individuals shall have the option of paying fees or charges for handling of administrative procedures according to other methods prescribed by laws when obtaining approval from competent entities.

3. In case payments are not made directly, documents evidencing payments or wire transfers of fees and charges for handling of administrative procedures or receipts (if any) must be enclosed with documentation sent to entities or persons having jurisdiction to handle administrative procedures.