Chapter III
IMPLEMENTATION OF ADMINISTRATIVE PROCEDURES
Article 12. Principles of implementing administrative procedures
1. Ensuring the publicity and transparency of administrative procedures currently implemented.
2. Ensuring objectivity and equality in implementing administrative procedures.
3. Ensuring inter-agency transferability, timeliness, accuracy and convenience in implementing administrative procedures.
4. Ensuring the right of individuals and organizations to give feedback and petitions on administrative procedures.
5. Heightening the responsibility of cadres and civil servants in settling affairs for individuals and organizations.
Article 13. Competence to publish administrative procedures
For the purpose of settling affairs of individuals and organizations, administrative procedures must be published in the form of decisions according to the following provisions:
1. Ministers or heads of ministerial-level agencies shall publish administrative procedures stipulated in legal documents on the sectors or fields under the management of their respective ministries or agencies;
2. Chairpersons of People's Committees of provinces or centrally run cities shall publish administrative procedures under the settling competence of local administration levels in their provinces or centrally run cities;
3. Heads of agencies and units assigned or authorized by higher-level state agencies to issue documents guiding implementation of procedures for settling affairs of individuals and organizations shall publish administrative procedures under the settling competence of their agencies or units.
Article 14. Scope of publishing administrative procedures
1. All administrative procedures, once promulgated, revised, supplemented, replaced, cancelled or abolished, must be made public.
2. Publishing administrative procedures includes publishing new administrative procedures, publishing revised, supplemented or replaced administrative procedures, and publishing cancelled or abolished administrative procedures.
a/ Publishing new administrative procedures means the provision of information on administrative procedures under Clause 1, Article 15 of this Decree;
b/ Publishing revised, supplemented or replaced administrative procedures means the provision of information relating to the revision, supplementation or replacement of administrative procedures under Clause 2. Article 15 of this Decree;
c/ Publishing cancelled or abolished administrative procedures means the elimination of information on administrative procedures inputted in the National Database of Administrative Procedures under Clause 3, Article 15 of this Decree.
Article 15. Decision to publish administrative procedures
Decisions to publish administrative procedures must be issued at least 10 (ten) working days before the legal documents containing regulation of the administrative procedures take effect.
Contents of such decision must comply with the following provisions:
1. A decision to publish a new administrative procedure must contain the following contents:
a/ Elements of the administrative procedure as stipulated in Clause 2. Article 8 of this Decree;
b/ Legal document(s) stipulating the administrative procedure;
c/ Place and time for implementing the administrative procedure.
2. A decision to publish a revised, supplemented or replaced administrative procedure must contain information as stipulated in Clause 1 of this Article, and must specify which elements of the administrative procedure are revised, supplemented or replaced and legal documents containing provisions on such revision, supplementation or replacement.
3. A decision to publish a cancelled or abolished administrative procedure must specify the name of the administrative procedure that has been cancelled or abolished. In case the administrative procedure has been published on the National Database of Administrative Procedures, the decision must specify the number and code of the dossier of administrative procedures and legal documents containing provisions on such cancellation or abolishment.
Article 16. Making public administrative procedures
Any information on administrative procedures which have been published by competent persons under Article 15 of this Decree must be made public in full on a regular basis in a clear, easy-to-access, easy-to-exploit and easy-to-use form with correct addresses given and must be published in the National Database of Administrative Procedures.
Article 17. Forms of making public
In addition to the mandatory forms of publishing in the National Database of Administrative Procedures and posting at the head offices of agencies and units directly handling administrative procedures for individuals and organizations, administrative procedures can be make public in the following forms:
1. On the Government Portal or websites of agencies issuing legal documents containing administrative procedures and administrative procedure- implementing agencies.
2. In the mass media.
3. In other forms.
Article 18. Responsibilities of administrative procedure-implementing agencies
1. To use and arrange cadres and officers having good moral qualities, standard communication skills and professional competence and qualifications to implement administrative procedures.
2. To provide promptly adequate and accurate information, explanations and guidance on administrative procedures for individuals and organizations concerned.
3. To issue receipts of dossiers and documents according to regulations.
4. To preserve and keep confidential dossiers, documents and information relating to personal secrets in the process of settlement as provided by law, except for cases in which they have to collect and disclose information and documents under decisions of competent state agencies or organizations.
5. To explain in writing in case of rejection or requiring additional documents within the prescribed time limit for settlement.
6. To refrain from creating additional administrative procedures and requiring dossiers or paperwork other than those provided by law.
7. To coordinate and share information in the process of settling affairs for individuals and organizations.
8. To assist merited persons, the elderly, the disabled, the poor, pregnant women, orphans and people eligible for social protection in implementing administrative procedures.
9. To apply the one-stop-shop and inter-agency one-stop-shop mechanism in implementing administrative procedures.
10. To receive and handle feedbacks and petitions of individuals and organizations regarding the implementation of administrative procedures.
11. To apply information technology and scientific and technological advances to implementing administrative procedures.
12. To comply with other provisions of the law.
Article 19. Responsibilities of heads of ministries, ministerial-level agencies and People's Committees of provinces and centrally run cities
1. To publish and input data on administrative procedures in the National Database of Administrative Procedures under Articles 13. 14. 15 and 24 of this Decree; to organize serious implementation of administrative procedures already published in the National Database of Administrative Procedures.
2. To inspect and urge cadres and civil servants under their management in implementing administrative procedures.
3. To commend and reward cadres and civil servants who have recorded achievements in implementing and controlling administrative procedures or have initiatives to reform administrative procedures.
4. To strictly and timely handle in accordance with law cadres and civil servants who commit violations in implementing and controlling administrative procedures.
5. To improve approaches and methods of implementing administrative procedures; to timely propose to higher-level agencies measures for reforming administrative procedures.
6. To comply with other provisions of law.
Article 20. Responsibilities of cadres and civil servants assigned to implement administrative procedures
1. To fully and seriously perform assigned tasks in implementing administrative procedures.
2. To facilitate compliance with administrative procedures; to show good manners, polite, earnest and modest attitudes, communicate in standard, clear, coherent language when implementing administrative procedures.
3. To receive and handle dossiers of individuals and organizations according to regulations.
4. To provide clear, accurate and full guidance to individuals and organizations on complying with administrative steps and dossiers so that individuals and organizations do not have to come back more than twice for dossier supplementation with respect to one affair, except in the case they improperly follow guidelines given by cadres and civil servants assigned to implement administrative procedures.
5. To strictly comply with regulations of competent levels on administrative procedures which have been published by heads of ministries, ministerial-level agencies or People's Committees of provinces and centrally run cities.
6. To be proactive in advising, proposing initiatives to improve the implementation of administrative procedures; timely detect and propose competent agencies and persons to revise, supplement, change, cancel or abolish inappropriate and infeasible regulations on administration procedures.
7. To collaborate with relevant agencies and organizations in implementing administrative procedures.
8. To comply with other provisions of law.
Article 21. Rights and obligations of administrative procedures-complying subjects
1. To comply with all regulations on administrative procedures.
2. To refuse to comply with any requests which are not stipulated in administrative procedures or not yet made public under regulations.
3. To take responsibility for the lawfulness and accuracy of documents in dossiers and provide sufficient relevant information.
4. To refrain from hindering the implementation of administrative procedures by competent state agencies or persons.
5. To refrain from giving bribes or using other tricks to deceive state agencies and competent persons in the implementation of administrative procedures.
6. To supervise the implementation of administrative procedures; provide feedbacks and petitions to competent state agencies or persons on irrationalities of administrative procedures and wrongdoings of cadres and civil servants in implementing administrative procedures.
7. To complain, denounce or file lawsuits against administrative decisions and acts in accordance with law.
8. To personally implement or authorize their lawful representatives to implement administrative procedures in accordance with law.
9. To comply with other provisions of law.
Article 22. Feedbacks and petitions on administrative procedures in the process of implementation
1. Every individual or organization may provide feedback and petitions on administrative procedures and implementation of administrative procedures.
Receipt and settlement of feedbacks and petitions on administrative procedures shall be conducted in accordance with the law on receipt and handling of individuals' and organizations' feedbacks and petitions on administrative regulations.
2. The Government Office shall establish and maintain an information portal for petitions and complaints and results of their settlement concerning administrative procedures on the National Database of Administrative Procedures and collect opinions of individuals and organizations on administrative procedures proposed in draft legal documents which are sent by main drafting agencies to the Administrative Procedures Control Agency for comment as stipulated in Clause 1, Article 9 of this Decree.
Tìm kiếm
Nghị định 63/2010/NĐ-CP về kiểm soát thủ tục hành chính (Bản Word)
Nghị định 63/2010/NĐ-CP về kiểm soát thủ tục hành chính (Bản Pdf)