Chương 1 Nghị định 63/2010/NĐ-CP về kiểm soát thủ tục hành chính: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree provides the control of the establishment, implementation, review and assessment of administrative procedures and the management of the National Database of Administrative Procedures.

2. This Decree does not regulate:

a/ Administrative procedures applicable within each state administrative agency and between state administrative agencies and not related to the settlement of administrative procedures for individuals and organizations;

b/ Procedures for handling administrative violations; inspection procedures and administrative procedures containing state secrets.

Article 2. Subjects of application

This Decree applies to state administrative agencies, competent persons, organizations and individuals in controlling administrative procedures.

Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Administrative procedure means steps and mode of implementation, dossiers, requirements and conditions stipulated by state agencies or competent persons to deal with a specific matter related to individuals or organizations.

2. Steps of implementation means the sequence of steps of implementation to be followed by administrative procedure-complying subjects and administrative procedure- implementing agencies in dealing with a specific matter for individuals or organizations.

3. Dossier means papers which administrative procedure-complying subjects are required to submit or produce to agencies or organizations competent to handle administrative procedures before administrative procedure-implementing agencies deal with a specific matter for individuals or organizations.

4. Requirements, conditions are requirements which administrative procedure-complying subjects must satisfy or must fulfill when they implement a particular administrative procedure.

5. Control of administrative procedures means review, evaluation and monitoring conducted to ensure the feasibility of a regulation on administration procedures, and satisfy the requirement of publicity and transparency in the process of implementing administrative procedures.

6. National Database of Administrative Procedures is the collection of information on administrative procedures and legal documents containing regulations on administrative procedures which is developed, updated and maintained on the Government's administrative procedure website to address the requirement of publicity and transparency in state administrative management, facilitating individuals and organizations in accessing and using official information on administrative procedures.

Article 4. Principles of controlling administrative procedures

1. Control of administrative procedures must ensure effective implementation of administrative procedure reform objectives; ensure coordination and active and extensive engagement of all agencies, organizations and individuals in the process of controlling administrative procedures.

2. To detect inappropriate, complex and cumbersome administrative procedures for abolition or revision in a timely manner; to add necessary administrative procedures in response to actual requirements; to ensure simple, easy-to-understand. easy-to-implement administrative procedure regulations which save time, costs and efforts for administrative procedure-complying subjects and -implementing agencies.

3. Control of administrative procedure shall be conducted immediately during the process of drafting administrative procedures and on a regular and continuous basis in the course of implementing administrative procedures.

Article 5. Agencies and units controlling administrative procedures

1. The Administrative Procedures Control Agency attached to the Government Office shall organize control of administrative procedures and manage the National Database of Administrative Procedures nationwide under this Decree.

The head of the Administrative Procedures Control Agency shall be appointed or dismissed by the Minister-Director of the Government Office.

2. Offices of ministries or ministerial-level agencies shall organize control of administrative procedures under falling within the scope of state management functions of their respective ministries or ministerial-level agencies under this Decree.

3. Offices of People's Committees of provinces and centrally run cities shall organize control of administrative procedures applicable within their respective provinces and centrally run cities under this Decree.

4. The specific functions, duties, powers and organizational structure of the Administrative Procedure Control Agency shall be stipulated by the Prime Minister.

5. The Minister-Director of the Government Office shall assume the prime responsibility for, and coordinate with the Minister of Home Affairs in, providing guidance on functions, duties, powers, organizational structure and staffing of administrative procedure control divisions within offices of ministries, ministerial-level agencies and offices of People's Committees of provinces and centrally run cities.

Article 6. Prohibited acts

1. Cadres and civil servants assigned to implement administrative procedures are prohibited from committing the following acts:

a/ Disclosing information on documentation and information relating to business know-how and personal secrets of administrative procedure-complying subjects that are known during the implementation of administrative procedures, unless such disclosure is consented by such subjects in writing or otherwise prescribed by law; using such information to infringe upon others legitimate rights and interests;

b/ Refusing to implement, prolonging the time of implementation or requiring other additional dossiers and papers than those prescribed at their own discretion without giving any reasons in writing:

c/ Acting in an authoritative, extortive and troubling manner towards administrative procedure-complying subjects; taking advantage of regulations and constraints related to administrative procedures for self-seeking purposes;

d/ Accepting money or gifts in any forms from administrative procedure-complying subjects upon receipt and handling of administrative procedures other than charges or fees for implementing administrative procedures which have been prescribed and made public;

e/ Shifting responsibility, showing lack of coordination, causing delays and obstacles in performing assigned tasks.

2. Administrative procedure-complying subjects are prohibited from obstructing activities of state agencies and competent persons; from giving bribes or using other expedients to deceive state agencies or competent persons in implementing administrative procedures.

3. Agencies, organizations and individuals are prohibited from committing acts that obstruct the control of administrative procedures.