Chương 5 Nghị định 63/2010/NĐ-CP về kiểm soát thủ tục hành chính: Rà soát, đánh giá thủ tục hành chính

Chapter V

REVIEW AND EVALUATION OF ADMINISTRATIVE PROCEDURES

Article 27. Responsibilities for reviewing and evaluating administrative procedures

1. Ministries and ministerial-level agencies shall review and evaluate administrative procedures within the fields and sectors under their respective management provided in the legal documents of the National Assembly, Standing Committee of the National Assembly, the Government, the Prime Minister, ministers and heads of ministerial-level agencies.

2. People's Committees of provinces and centrally run cities shall review and evaluate administrative procedures within the settlement competence of local administrations within their provinces or cities.

3. The Administrative Procedures Control Agency shall conduct independent review and evaluation of administrative procedures in the following cases:

a/ At the instruction of the Government or the Prime Minister;

b/ Administrative procedures are closely related to one another and the result of implementation of an administrative procedure is the premise for the implementation of subsequent ones;

c/ Administrative procedures, through detection or feedbacks from individuals or organizations, are found cumbersome, difficult to implement, causing obstacles to production or business activities of economic organizations and people's lives.

Article 28. Contents of review and evaluation

1. The necessity of administrative procedures under review and evaluation and regulations relating to the administrative procedures.

2. The compatibility of administrative procedures under review and evaluation and regulations relating to the administrative procedures with the state management objectives and economic, social and technological changes and other objective conditions.

3. The principles stated Articles 7 and 12 of this Decree.

Article 29. Methods of reviewing and evaluating administrative procedures

1. Administrative procedure review and evaluation must be carried out on the basis of inventorying and listing all administrative procedures which need to be reviewed and evaluated and regulations relating to the administrative procedures on the basis of the contents stated in Article 28 of this Decree. During the process of review and evaluation, subjects affected by the administrative procedures must be taken into account.

2. With regard to administrative procedures mentioned at Point b, Clause 3, Article 27 of this Decree, the review and evaluation of such administrative procedures must be carried out in group of administrative procedures and group of regulations relating to the administrative procedures under review and evaluation.

3. Administrative procedure review and evaluation must be carried out by ministries, ministerial-level agencies and People's Committees of provinces and centrally run cities and the Administrative Procedures Control Agency according to plan or under the instructions of the Government and the Prime Minister. Results of administrative procedure review and evaluation by these agencies serve as a basis for simplifying administrative procedures.

4. Those directly affected by administrative procedures shall be mobilized to participate in review activities.

5. The Administrative Procedures Control Agency shall conduct independent review and evaluation of administrative procedures by organizing the review and evaluation or examining results of review and evaluation conducted by ministries, ministerial-level agencies and People's Committees of provinces and centrally run cities.

Article 30. Review and evaluation plans

1. Plans for reviewing and evaluating administrative procedures shall be developed on any of the following bases:

a/ Instructions of the Government or the Prime Minister;

b/ Discretion of the ministries, ministerial-level agencies, People's Committees of provinces or centrally run cities;

c/ Feedbacks and petitions on administrative procedures from individuals and organizations.

2. The contents of a plan for reviewing and evaluating administrative procedures must clearly state the administrative procedures that need to be reviewed and evaluated; the agency that will carry out review and evaluation; time for review and evaluation; and criteria for review and evaluation; and the expected outcomes.

3. Ministries, ministerial-level agencies and People's Committees of provinces and centrally run cities shall proactively develop annual plans for reviewing and evaluating administrative procedures within their scope of management and send the plans approved by ministers, heads of ministerial-level agencies or chairpersons of People's Committees of provinces and centrally run cities to the Administrative Procedures Control Agency no later than January 31 of the plan year.

4. On the basis of the instructions by the Government and the Prime Minister and the plans for reviewing and evaluating administrative procedures of the ministries, ministerial-level agencies and People's Committees of provinces and centrally run cities, the Administrative Procedures Control Agency shall develop its own independent review plan and submit it to the Prime Minister for approval.

Article 31. Handling of results of review and evaluation

1. On the basis of results of review and evaluation conducted by ministries, ministerial-level agencies and People's Committees of provinces and centrally run cities, ministers, heads of ministerial-level agencies and chairpersons of People's Committees of provinces and centrally run cities shall decide to revise, supplement, replace, cancel or abolish within their respective competence or propose competent agencies to revise, supplement, replace, cancel or abolish administrative procedures and regulations relating to administrative procedures which fail to comply with Article 28 of this Decree.

2. The Government Office shall submit the overall review and evaluation results or independent review and evaluation results to the Government and the Prime Minister for decision on solutions to revise, supplement, replace, cancel or abolish administrative procedures and regulations relating to administrative procedures which fail to comply with Article 28 of this Decree; supervise and monitor the implementation of these decisions of the Government and the Prime Minister by ministries, ministerial-level agencies and People's Committees of provinces and centrally run cities.