Chương V Nghị định 61/2018/NĐ-CP về thực hiện cơ chế một cửa, một cửa liên thông trong giải quyết thủ tục hành chính: Đánh giá việc giải quyết thủ tục hành chính

Chapter V

ASSESSMENT OF HANDLING OF ADMINISTRATIVE PROCEDURES

Article 27. Assessment principles

1. Ensure impartiality, truthfulness, accuracy, scientism, transparency, public disclosure, fairness, equality and compliance with law during assessments and announcement of assessment results.2. Consider satisfaction of requesting organizations and individuals with the quality and progress of handling of administrative procedures, results of and effectiveness in implementation of assigned tasks as a measure of a successful assessment.

3. Ensure the confidentiality of information about requesting organizations and individuals and collaborate in conducting opinion surveys.

Article 28. Assessment authority

1. Senior competent entities shall be accorded authority to assess the quality of handling of administrative procedures under the management of their affiliates.

2. Organizations or individuals coming to perform transactions or carry out administrative procedures shall be entitled to assess the quality and progress of handling of administrative procedures.

3. Entities and persons having jurisdiction to deal with administrative procedures shall be entitled to carry out the self-assessment of their performance.

4. The Government’s Office shall be vested with authority to handle administrative procedures at ministries, ministry-level agencies, People’s Committees of provinces and centrally-affiliated cities.

5. Socio-political organizations, professional social organizations and other shall be entitled to carry out the assessment of implementation of administrative procedures by conducting sociological investigations according to tasks, programs and plans designed by these organizations.

Article 29. Methods of collection of assessment information

1. Information used in assessment of handling of administrative procedures shall be acquired and collected by employing the following methods:

a) Regular and periodic assessment forms;

b) Electronic assessment devices installed at One-stop Shops;

c) Online assessment functions provided by ministerial-level or provincial-level single-window information systems;

d) Surveillance camera systems;

dd) Opinions sent by organizations and individuals to opinion mailboxes, paper and electronic opinions;

e) Independent, regular or periodic sociological investigations;

g) Other legal methods.

2. Assessment information specified in clause 1 of this Article shall be linked to single-window electronic information systems and shall be publicly posted on the national public service portal. Offices of ministries, sectoral administrations and provincial-level People's Committees (entities presiding over controlling administrative procedures) shall synthesize and assess criteria referred to in Article 30 and 31 herein and shall publicize them on ministerial-level and provincial-level public service portals.

3. Information used in assessment shall be collected by regularly conducting sociological investigations, prescribed in point e of clause 1 of this Article, by using telephone surveys, online surveys or by means of applications installed on cellphones, tablets or social networks endorsed by competent entities, or in collaboration with other independent sociological investigations of similar kind;

Offices of ministries, sectoral administrations and provincial-level People’s Committees shall carry out the synthesis and assessment of sociological investigation results and shall publish results thereof on ministerial-level or provincial-level public service portals.

4. Entities or organizations assigned to acquire and collect assessment information shall be held responsible to encourage, instruct and support people in disadvantageous position such as women, poor people, ethnic people or disabled people who participate in submission of assessment opinions or sociological investigations.

Article 30. Internal assessment of handling of administrative procedures

1. The internal assessment of handling of administrative procedures shall be carried out by using software installed at One-stop Shops in order to assess compliance of the process of handling of administrative procedures with laws.

2. Internal assessment criteria shall be comprised of the followings:

a) Document circulation flow prescribed in regulations in force;

b) Quality of handling of administrative procedures by specific departments according to requirements referred to in points a, d, e, g, h and i of clause 1 of Article 31 herein;

c) Ratio of administrative documents handled by deadlines to total received documents in accordance with regulations in force.

3. Offices of ministries, sectoral administrations and provincial-level People’s Committees shall be responsible for synthesizing results of assessment carried out by software in order to periodically prepare annual reports for submission to the Government’s Office and publicizing internal assessment results on electronic information websites administered by ministries, sectoral administrations and localities.

Article 31. Assessment of handling of administrative procedures by organizations and individuals

1. Handling of administrative procedures at competent entities may be assessed by taking into consideration assessment opinions of organizations and individuals on the following matters:

a) Duration of notification of results of handling and processing of administrative procedures compared to those specified in regulations or requests of presiding entities;

b) The number of entities that must be contacted to complete administrative documentation;

c) The required number of times of contact with receiving entities for completion of administrative documentation;

d) Accuracy, adequacy and timeliness of information about administrative procedures that may be publicized in comparison with those specified in regulations in force;

dd) Behavior of public staff members providing instructions about, receiving documentation and handling administrative procedures;

e) Compliance with law of results of handling of administrative procedures and costs of implementation of administrative procedures; costs incurred which are not governed by laws upon implementation of administrative procedures;

g) Time and quality of explanations given by competent entities and public staff members about feedbacks, petitions, appeals and denunciations of organizations and individuals;

h) Progress and quality of provision of online public services of competent entities;

i) Other matters under assessments of organizations and individuals.

2. Public disclosure of results of assessment obtained from organizations and individuals shall be subject to provisions laid down in clause 2 of Article 29 herein.

Article 32. Handling of assessment results

1. Results of assessment of satisfaction of organizations and individuals with handling of administrative procedures by competent entities may be publicized at implementary entities and on webpages of entities having jurisdiction to handling administrative procedures.

2. Assessment results shall serve as one of the standards for assessing the level of accomplishment of tasks assigned to entities receiving and handling administrative procedures; determining responsibilities of individuals and heads of entities receiving and handling administrative procedures; shall prefer considering promotion to a position, planning, training, education and commendation, rewarding or sanctioning of in-charge public staff members and employees.