Thông tư 01/2018/TT-VPCP hướng dẫn Nghị định 61/2018/NĐ-CP về thực hiện cơ chế một cửa, một cửa liên thông trong giải quyết thủ tục hành chính do Văn phòng Chính phủ ban hành

CIRCULAR

PROVIDING INSTRUCTIONS FOR IMPLEMENTATION OF THE GOVERNMENT’S DECREE NO. 61/2018/ND-CP DATED APRIL 23, 2018 ON IMPLEMENTATION OF SINGLE-WINDOW SYSTEM AND INTERLINKED SINGLE-WINDOW SYSTEM FOR HANDLING ADMINISTRATIVE PROCEDURES

Pursuant to the Government's Decree No. 150/2016/ND-CP dated November 11, 2016, defining the functions, tasks, powers and organizational structure of the Government’s Office;

Pursuant to the Government’s Decree No. 61/2018/ND-CP dated April 23, 2018 on implementation of single-window system and interlinked single-window system for handling administrative procedures;

Upon implementation of the Prime Minister’s Directive No. 30/CT-TTg dated October 30, 2018 on improvement of quality of handling of administrative procedures and the Notice No. 379/TB-VPCP dated September 27, 2018 of conclusions of the Prime Minister and the Committee’s Chairperson given at the first session of the National Committee on Electronic Government;

Upon the request of the Director of the Department of Control of Administrative Procedures,

The Minister cum Chief of the Government’s Office hereby promulgates the Circular providing instructions for implementation of the Government’s Decree No. 61/2018/ND-CP dated April 23, 2018 on implementation of single-window system and interlinked single-window system for handling administrative procedures.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular provides instructions about implementation and reporting of implementation of single-window systems and interlinked single-window systems for handling of administrative procedures at One-stop Shops; forms used for implementation of single-window systems and interlinked single-window system for handling of administrative procedures; codes of documentation, sectors or industries for implementation of administrative procedures on ministerial-level and provincial-level single-window information systems; scoring tools used for assessment of handling of administrative procedures at all-level state administrative authorities; functions of ministerial-level and provincial-level public service portals and single-window information systems under the provisions of the Government's Decree No. 61/2018/ND-CP dated April 23, 2018 on implementation of single-window systems and interlinked single-window systems for handling administrative procedures (hereinafter referred to as Decree No. 61/2018/ND-CP).

Article 2. Subjects of application

This Circular shall apply to entities and persons having jurisdiction to handle administrative procedures; those related to handling of administrative procedures.

Chapter II

TASKS INVOLVED IN IMPLEMENTATION OF SINGLE-WINDOW SYSTEMS AND INTERLINKED SINGLE-WINDOW SYSTEMS FOR HANDLING ADMINISTRATIVE PROCEDURES

Article 3. Public disclosure of the list of administrative procedures carried out at One-stop Shops

1. Receipt of documentation, handling of administrative procedures and notification of results of processing of such documentation at One-stop Shops must be announced in the Decisions on public disclosure of administrative procedures and the Decisions on public disclosure of the lists of administrative procedures, and must make these Decisions known to the public under laws on control of administrative procedures.

2. Specialized affiliates of ministries, ministry-level agencies and provincial-level People’s Committees shall review and send offices of ministries, ministry-level agencies, offices of provincial-level People’s Committees these Decisions for preparation of final reports for submission to Ministers, Heads of ministry-level agencies, Chairpersons of provincial-level People's Committees to seek their approval decisions on these lists under the receiving jurisdiction of respective One-stop Shops at different levels, except those administrative procedures prescribed in clause 5 of Article 14 in the Decree No. 61/2018/ND-CP.

3. The list of administrative procedures in which documentation is received and results are notified at One-stop Shops must be shown in the Decisions on public disclosure of administrative procedures, the Decisions on public disclosure of the list of administrative procedures under the provisions of Chapter II in the Circular No. 02/2017/TT-VPCP dated October 30, 2017 of the Government’s Office on instructions about tasks of control of administrative procedures (hereinafter referred to as Circular No. 02/2017/TT-VPCP). The list must clearly and explicitly describe the processes for implementation of administrative procedures, provide information about entities receiving and information results of handling of administrative procedures in the Decisions on public disclosure of administrative procedures and those specified in the column of implementation locations in the Decisions on public disclosure of the list of administrative procedures.

In case where, with respect to administrative procedures, documentation are received and handling results are informed online or by using public postal services under the Prime Minister’s Decision No. 45/2016/QD-TTg dated October 19, 2016 regarding receipt of documentation and notification of handling results by using public postal services (hereinafter referred to as Decision No. 45/2016/QD-TTg), appropriate supplements to the column of forms of implementation in the list of administrative procedures in the Decisions on public disclosure of administrative procedures must be provided so that matters related to forms of implementation can be represented in a clear and specific manner.

Article 4. Announcement and public disclosure of groups of interlinked administrative procedures

1. Ministers and Heads of Ministry-level agencies must publicize groups of interlinked administrative procedures in the sectors and industries under their jurisdiction. In case multiple sectors and industries under the jurisdiction of multiple ministries or ministry-level agencies are interlinked, Ministers and Heads of Ministry-level agencies in these sectors and industries shall be authorized to receive request documentation for interconnection in announcement of groups of interlinked administrative procedures.

2. Chairpersons of provincial-level People’s Committees shall publicize the list of groups of interlinked administrative procedures on the basis of the Decisions on public disclosure of groups of interlinked administrative procedures issued by Ministries or Heads of Ministry-level agencies. In case of testing of interlinking of groups of administrative procedures at different regulatory levels within the territories of provinces or centrally-affiliated cities, these groups must be publicized.

3. General Directors of Vietnam Social Security, Vietnam Development Bank, Vietnam Bank for Social Policies (hereinafter referred to as General Director) shall be authorized to publicize groups of administrative procedures permitted for interlinking within a single sector; publicize administrative procedures permitted for interlinking between multiple sectors and industries if the entities authorized to publicize these administrative procedures are receivers of application documentation for interlinking.

4. Public disclosure of interlinked administrative procedures shall be subject to laws on public disclosure of administrative procedures.

Article 5. Instructions about implementation of administrative procedures in case of use of sets of sample documents and instructional videos

1. Where necessary, Ministers and Heads of Ministry-level agencies and Chairpersons of provincial-level People's Committees may decide on administrative procedures and prefer those which are popular or have large volumes of documents so that they can determine whether instructions are given by providing sets of sample documents or instructional videos, and shall publicly inform about their decisions at One-stop Shops.

2. A set of sample documents shall include all necessary information in forms or declaration forms (if any) delivered according to the method of presumption or hiding of personal information, forms as an integral part of documentation, forms of receipt of documentation and forms of notification of results in accordance with laws. Forms shall carry the word "SAMPLE" written in bold block capitals, using Vietnamese font Unicode (Times New Roman) in the text size of 16 according to Vietnamese Standard TCVN 6009:2001 at the top right corner of the paper sheet. Sets of sample documents shall be publicized at One-stop Shops having jurisdiction to receive administrative documentation.

3. Sample videos must fully provide instructional information about implementation of administrative procedures, specific requirements for constituent documents, preparatory steps and processes for implementation of administrative procedures in accordance with laws. Instructional videos shall be played at One-stop Shops and posted on ministerial-level or provincial-level public service portals.

Article 6. Tasks involved in carrying out the entire process for receiving, handling and informing results of administrative procedures at One-stop Shops

1. Administrative procedures shall be eligible for implementation of the entire process for receiving documentation, handling and informing results of handling of administrative procedures at One-stop Shops if at least the following requirements are satisfied:

a) Not classified as those governed by provisions laid down in point a and b of clause 5 of Article 14 in the Decree No. 61/2018/ND-CP.

b) Obtaining permission for decentralization or grant of authority to One-stop Shops or public staff members working at One-stop Shops to review, check, inspect and verify documentation and approve results of handling of administrative procedures in accordance with laws.

c) One-stop Shops must have adequate resources and other necessary conditions for implementing assigned duties and delegated authority.

2. Offices of ministries, ministry-level agencies, offices of provincial-level People's Committees shall collaborate with specialized entities in taking charge of carrying out the process for receiving documentation, handling and informing results of handling of administrative procedures at One-stop Shops.

3. Specialized entities shall second their staff members meeting standards specified in clause 1 of Article 11 in the Decree No. 61/2018/ND-CP, having appropriate professional competencies and qualifications as well as authority to perform the entire process for receiving documentation, handling and informing results of handling of administrative procedures at One-stop Shops.

Article 7. Approval of personnel seconded to work at all-level One-stop Shops

1. At the level of ministry or ministry-level agency, on the basis of the personnel plans proposed by General Departments, Directorates, Departments, Authorities or Administrations or other affiliates of ministries, Ministry’s offices shall prepare final reports for submission to Ministers or Heads of Ministry-level agencies to seek their approval decisions on lists of staff members seconded to Document Receipt and Response Divisions and shall monitor their implementation of such plans. Personnel plans drawn up by entities must include lists of official, standby staff members, their specific tasks and the proposed schedule of secondment.

In case where Document Receipt and Response Divisions are established to operate at General Departments, Directorates or equivalents, or Departments, Authorities or Administrations, Heads of these entities must grant approval of the lists of staff members seconded to these Divisions.

2. At the provincial level, on the basis of personnel plans proposed by provincially-controlled specialized entities (including lists of official and standby staff members, their specific tasks and proposed schedule of secondment), offices of provincial-level People’s Committees shall prepare final reports for submission to Chairpersons of provincial-level People's Committees to seek their approval decisions on lists of staff members seconded to Public Administrative Service Centers.

Directors or Deputy Directors of these centers shall be appointed by Chairpersons of provincial-level People's Committees, including 01 Deputy Director of the center who is a division leader in charge of controlling administrative procedures under the control of the office of the provincial-level People’s Committee.

In case where, at the provincial level, Public Administrative Service Centers have not yet been established, heads of provincially-controlled specialized entities shall make their decisions on personnel seconded to Document Receipt and Response Divisions at these entities.

3. At the district level

District-level specialized divisions or subdivisions shall draw up personnel plans for submission to offices of district-level People’s Councils or People's Committees that then compile lists of staff members seconded to Document Receipt and Response Divisions before being submitted to Chairpersons of district-level People's Committees to seek their approval decisions.

Head of provincial-level Document Receipt and Response Division must be the leader of the office of the provincial-level People’s Council and People’s Committee, and must play pivotal roles in monitoring implementation of tasks of controlling administrative procedures.

4. At the communal level

Chairpersons of communal-level People's Committees shall approve the list of staff members seconded to hold office at communal-level Document Receipt and Response Divisions.

5. At central agencies organized in the vertical structures at localities

Heads of entities organized in the vertical structures at the provincial or district levels shall get prepared for formulating plans for personnel seconded to work at Document Receipt and Response Divisions of these entities and shall make decisions on lists of staff members seconded to provincial-level Public Administrative Service Centers, district-level Document Receipt and Response Divisions to receive and handle administrative procedures under the jurisdiction specified in clause 2 and 3 of Article 14 in the Decree No. 61/2018/ND-CP.

Article 8. Design of internal or electronic processes for handling administrative procedures

1. Principles of design of the internal process for handling administrative procedures

a) Apply quality control systems conforming to national standards to activities of entities or organizations belonging to the state administrative system.

b) Ensure compliance with laws and adaptation to the current context of each entity.

2. Design of the internal process for handling administrative procedures under the receiving and handling jurisdiction at the ministerial level

a) Specialized entities presiding over collaborating with related ones shall review and design the internal process for handling administrative procedures with respect to all of administrative procedures under their handling jurisdiction and shall submit application documentation (including application forms and draft approval decisions) to offices of ministries or ministry-level agencies.

b) Based on the Decisions on public disclosure issued by ministries and ministry-level agencies, and other relevant legislative documents, Divisions tasked with controlling administrative procedures under the control of offices of ministries and ministry-level agencies shall bear responsibility for assisting Chiefs of Offices of Ministries and Ministry-level agencies in controlling representations and contents of the internal processes before presenting them to Ministers and Heads of Ministry-level agencies to seek their approval.

3. Design of the internal process for handling administrative procedures under the receiving and handling jurisdiction at the provincial, district or communal level

a) Specialized entities affiliated to provincial-level People’s Committees shall preside over collaborating with other related entities in reviewing and designing internal processes for handling administrative procedures under the receiving and handling jurisdiction at the provincial, district or communal level, and sending application documentation (including application forms and draft approval decisions) to offices of provincial-level People's Committees.

b) Based on the Decisions on public disclosure issued by ministries and ministry-level agencies, and other relevant legislative documents, Divisions tasked with controlling administrative procedures under the control of offices of provincial-level People's Committees shall bear responsibility for assisting Chiefs of Offices of provincial-level People's Committees in controlling representations and contents of the internal processes before presenting them to Chairpersons of provincial-level People's Committees to seek their approval.

4. On the basis of approved internal processes, Ministers, Heads of Ministry-level agencies and Chairpersons of provincial-level People's Committees shall take control of designing electronic processes for handling administrative procedures by means of software of ministerial- and provincial-level electronic information systems for uniform use at ministries, sectoral administrations and localities.

Article 9. Forms included in processes for handling administrative procedures

1. Forms used in processes for handling administrative procedures shall be specified in Appendices hereto with symbols as mentioned in the following list:

2. The abovementioned forms and samples must be designed for electric means and must be printed on A5-size paper sheets (148mm x 210mm). In particular, the sample No.06 must be printed on A4-size paper sheets (210mm x 297mm).

Article 10. Principles and forms of completion and use of forms and samples, and storage of reports, documents or records

1. Forms and samples referred to in clause 1 of Article 18 herein must adhere to principles and requirements hereunder:

a) They must be available on single-window electronic information systems, may be printed out and must ensure accessibility.

b) Information about administrative procedures contained in the form of document receipt and appointment for notification of results (Form No. 01), the sample register of documents (Form No. 06) must be extracted from the national database of administrative procedures while information about people and enterprises must be extracted from the national database of population and the national database of enterprise registration.

c) In addition to automatically available information, upon providing instructions, receiving, handling and informing about results of handling of administrative procedures, public staff members must enter all required information clearly and accurately to complete forms.

d) Digital signatures must be granted in accordance with laws on digital signatures.

2. In case where ministries, sectoral administrations or localities have not yet completed the building of single-window electronic information systems, public staff members may use paper forms and samples or records provided that the following requirements are met:

a) The register must be opened each year. After each year, the register must be closed and must bear the signature, full name and stamp of the head of the One-stop Shop;

b) The register must have continuous pages used for containing information without being skipped or left blank, must be paginated, and must carry adjoining stamps from the first page to the last page; information contained in the register must be inscribed correctly and clearly;

c) Numbers must be continuously written from the number 01 till end of the recording year; in case another register is used before end of the recording year, the latter must start with the last serial number of the previous register, not the number 01.

d) Upon providing instructions, receiving, handling and informing about results of handling of administrative procedures, public staff members must enter all required information clearly and accurately to complete forms.

3. Storage of reports, documents, records or registers must be subject to laws on archives and other relevant ones.

Article 11. Contents of reports on review and effectiveness of implementation of single-window systems and interlinked single-window systems for handling administrative procedures

1. Reports on review and effectiveness of implementation of implementation of single-window systems and interlinked single-window systems shall include the following main information:

- Review of implementation of Decree No. 61/2018/ND-CP.

- Review of receipt and handling of administrative procedures by using single-window systems or interlinked single-window systems at ministries, sectoral administrations and localities.

- Review of announcement of the list of administrative documentation received at One-stop Shops; the list of administrative documentation received online on ministerial-level or provincial-level public service portals.

- Review and effectiveness of assessment of handling of administrative procedures.

- Review and results of recommendation about administrative procedures carried out by using interlinked systems (if any).

- Other contents requested by the Government, Prime Minister or Government’s Office.

2. Reporting contents defined in clause 1 of this Article shall be added to Appendix XII in the Circular No. 02/2017/TT-VPCP.

3. Reporting forms, interval periods, deadlines, spontaneous reporting, responsibilities of reporting and receiving entities, authority to sign and issue synthesis reports, modifications or supplements to reports shall be subject to regulations enshrined in the Circular No. 02/2017/TT-VPCP.

Chapter III

TASKS INVOLVED IN ASSESSMENT OF HANDLING OF ADMINISTRATIVE PROCEDURES BY USING SINGLE-WINDOW SYSTEMS AND INTERLINKED SINGLE-WINDOW SYSTEMS

Article 12. Collection of assessment opinions

1. Assessment opinions shall be collected regularly and continuously; collection thereof must take place at areas for the convenience of people to easily find and give their opinions.

2. Survey forms intended for organizations and individuals must be placed on writing desks available for use by requesting organizations and individuals, on desks of public staff members, reception and result notification counters; must be handed out to requesting organizations or individuals, enclosing notes of receipt of documents and appointment for notification of results, forms of request for document supplementation and perfection and/or forms of refusal to process documents.

3. Electronic survey forms intended for requesting organizations and individuals must be posted on ministerial-level or provincial-level public service portals, electronic information portals of entities so as to enable these organizations and individuals to participate in surveys online; must combine feedbacks or complaints and results of handling of administrative procedures with ministerial-level or provincial-level single-window electronic information systems.

4. Pursuant to Article 31 in the Decree No. 61/2018/ND-CP and Article 13 herein, offices of Ministries, Ministry-level agencies and provincial-level People’s Committees shall design sample survey forms at ministries, sectoral administrations and localities.

Article 13. Indicators used in assessment of handling of administrative procedures

1. Indicator 1: Total timelength spent on handling administrative procedures in comparison to the timelength allowed by laws shall get the following scores:

a) Score 2 if total timelength is less than the prescribed timelength;

b) Score 1 if total timelength is equal to the prescribed timelength;

a) Score 0 if total timelength is greater than the prescribed timelength.

2. Indicator 2: Timelength spent by specific entities on getting involved in handling of administrative procedures (including cooperating entities) in comparison to the prescribed timelength shall get the following scores:

a) Score 2 if the timelength spent by specific entities on handling of administrative procedures is less than the prescribed one;

b) Score 1 if the timelength spent by specific entities on handling of administrative procedures is equal to the prescribed one;

c) Score 0 if the timelength spent by specific entities on handling of administrative procedures is greater than the prescribed one.

3. Indicator 3: Number of times of obligatory contact with receiving entities for perfection of administrative documentation (even including online contact) shall get the following scores:

a) Score 2 in case of none of obligatory contact with receiving entities for perfection of administrative documentation;

b) Score 1 in case of only one time of obligatory contact with receiving entities for perfection of administrative documentation;

c) Score 0 in case of more than one time of obligatory contact with receiving entities for perfection of administrative documentation, except when it is all the fault of submitting persons.

4. Indicator 4: Number of entities that must contact for perfection of administrative documentation (even including online contact) shall get the following scores:

a) Score 2 if none of entities must be contacted for perfection of administrative documentation;

b) Score 1 if one entity which is the One-stop Shop must be contacted for perfection of administrative documentation. If, by operation of law, organizations and individuals have to directly participate in and perfect documents used for handling of administrative procedures according to results of site inspection and verification, meetings held by inspection and assessment committees during the process of handling of administrative procedures, entities allowed by law to preside over conducting site inspection, verification and organizing inspection and assessment committees shall be added to the number of entities that must be contacted.

c) Score 0 if more than one entity have to be contacted.

5. Indicator 5: Receipt of documents, handling and notification of results of handling of administrative procedures at One-stop Shops shall get the following scores:

a) Score 2 if entities organized in the model of One-stop Shops of Ministries or Ministry-level agencies, Document Receipt and Response Divisions of General Departments, Directorates or equivalents, Departments, Authorities or Administrations receive, review and assess documents, approve or petition for approval and inform about results of handling of at least 20% of total volume of administrative procedures in the list of administrative documentation received at One-stop Shops under the promulgation jurisdiction of Ministers or Heads of Ministry-level agencies; provincial-level Public Administrative Service Centers, provincial-level Document Receipt and Response Divisions receive, review and assess documents, approve results of handling of at least 20% of total volume of administrative procedures in the list of administrative documentation received at One-stop Shops under the promulgation jurisdiction of Chairpersons of provincial-level People's Committees; district-level Document Receipt and Response Divisions receive, review and assess documents, petition for approval of results of handling of at least 50% of total volume of administrative procedures in the list of administrative documentation received at the district level; communal-level Single-window Divisions receive, review, assess documents, approve results of handling of 100% of administrative procedures in the list of administrative documentation received at the communal level.

b) Score 1 if 100% of administrative procedures not covered by point a and b of clause 5 of Article 14 in the Decree No. 61/2018/ND-CP are eligible for receipt of documents and notification of results at One-stop Shops at all levels.

c) Score 0 if 100% or lower percentage of administrative procedures not covered by point a and b of clause 5 of Article 14 in the Decree No. 61/2018/ND-CP are eligible for receipt of documents and notification of results at One-stop Shops at all levels.

6. Indicator 6: Public disclosure of administrative procedures shall get the following scores:

a) Score 2 if administrative procedures carried out at One-stop Shops are publicly disclosed in an accurate, adequate and timely manner in both notice-posting and electronic forms as per laws on public disclosure of administrative procedures.

b) Score 1 if administrative procedures carried out at One-stop Shops are publicly disclosed in an accurate, adequate and timely manner in either notice-posting or electronic form as per laws on public disclosure of administrative procedures.

c) Score 0 if administrative procedures carried out at One-stop Shops are not public disclosed in an accurate, adequate or timely manner.

7. Indicator 7: Attitudes of public staff members towards provision of instructions on preparing documents, receiving documents and handling administrative procedures shall get the following scores:

a) Score 2 if they receive, process and inform about results of processing of documents before the prescribed deadline, and do not receive feedbacks, complaints or suggestions about their harassment, annoyance or failure to comply with or incorrect implementation of regulations enshrined in laws.

b) Score 1 if they receive, process and inform about results of processing of documents on the prescribed deadline date, and do not receive feedbacks or opinions about their harassment, annoyance or failure to comply with or incorrect implementation of regulations enshrined in laws.

b) Score 0 if they receive complaints and suggestions about their harassment, annoyance or failure to comply with or incorrect implementation of regulations enshrined in laws. If competent authorities prove or establish that these complaints and suggestions are not correct or false accusations, they shall not be counted in this assessment.

8. Indicator 8: Receiving and explaining complaints and suggestions of organizations and individuals shall get the following scores:

a) Score 2 if there is none of complaints or suggestions, or 100% of them are handled by the deadline in accordance with regulations and there is none of delayed complaints or suggestions.

b) Score 1 if at least 90% of complaints and suggestions are handled by the deadline in accordance with regulations and there is none of delayed complaints or suggestions.

c) Score 0 if 90% or lower percentage of complaints and suggestions are treated by the deadline in accordance with regulations and there is none of delayed complaints or suggestions.

9. Indicator 9: Progress and quality of provision of online public services by competent entities shall get the following scores:

a) Score 2 if at least 20% of administrative procedures meeting requirements are eligible to be classified as level-3 or level-4 online public services; the ratio of documents submitted online to total documentation is at least 30%; there is none of online documents that have not been handled or have been handled after the defined deadline.

b) Score 1 if administrative procedures meeting requirements are eligible to be classified as level-3 or level-4 online public services; the ratio of documents submitted online to total documentation is from at least 15% to under 30%; there is none of online documents that have not been handled or have been handled after the defined deadline.

b) Score 1 if administrative procedures meeting requirements are eligible to be classified as level-3 or level-4 online public services; the ratio of documents submitted online to total documentation is below 15%; there is none of online documents that have not been handled or have been handled after the defined deadline.

Article 14. Methods of scoring for assessment of handling of administrative procedures

1. The scoring of criteria specified in clauses 1, 2, 3, 4, 6 and 7 of Article 13 herein may be applied to specific documentation submitted for handling of administrative procedures.

2. The scoring of criteria specified in clauses 5, 6, 8 and 9 of Article 13 herein may be applied to One-stop Shops and entities having jurisdiction to handle administrative procedures.

3. Methods of collection and acquisition of assessment information

a) Information used for assessment of criteria referred to in clause 1, 3, 4 and 7 of Article 13 herein may be collected and acquired by using assessment paper forms or electronic assessment devices, or online assessment functions of single-window electronic information systems.

b) Information used for assessment of criteria referred to in clause 2, 6, 8 and 9 of Article 13 herein may be collected and acquired by using online assessment functions of single-window electronic information systems.

c) In addition to methods specified in clauses a and b of clause 3 of this Article, information used for assessment of criteria specified in Article 13 herein may be collected and acquired through physical inspections, reports and approval decisions related to performing tasks involved in handling of administrative procedures by using single-window systems or interlinked single-window systems.

Article 15. Handling of results of scoring for assessment of handling of administrative procedures

1. Use of scoring results

a) Total score of criteria referred to in clauses 1, 2, 3, 4 and 7 of Article 13 herein shall be used for assessment of public staff members in charge of receiving, handling and informing results of handling of administrative documents.

b) Total scores stipulated in point a of clause 1 of this Article in line with specific industries and sectors and total scores of criteria specified in clause 5, 6, 8 and 9 of Article 13 herein may be used for assessment of entities involved in receiving, handling and informing results of handling of administrative procedures and responsibility of heads thereof.

2. Total score

a) Total scores based on documentation submitted for handling of administrative procedures (applicable to criteria specified in clause 1, 2, 3, 4 and 7 of Article 13 herein) shall be calculated according to the following formula:

Total score of the indicator i = Aggregate points of documentation for handling of administrative procedures calculated based on the indicator i / Aggregate points of documentation for handling of administrative procedures

In that formula, the quotient may be rounded to the nearest tenth in the decimal part.

b) Total score of a single public staff member or entity shall be total score of criteria for assessment of specific target subjects under clause 1 of this Article.

3. Classification of scoring results

a) If public staff members get total score of at least 5, they shall be assessed to have completed 100% of tasks of receiving, handling and informing results of handling of administrative procedures; if they get total score ranging from 3.5 to less than 5, they shall be assessed to have completed from 70% to less than 100% of these tasks; if they get 3.5 or lower score, they shall be assessed to have completed less than 70% of these tasks.

b) As for entities or organizations, scoring results shall serve as a basis for ranking of handling of administrative procedures by entities under the control of ministries and localities. Specific ranks shall be regulated as follows: In case of getting the score of 15 or higher, they will be ranked excellent; in case of getting the score ranging from 12 to less than 15, they will be ranked very good; in case of getting the score ranging from 9 to less than 12, they shall be ranked good; in case of getting the score ranging from 6 to less than 9, they will be ranked fair; and in case of getting the score of less than 6, they will be ranked poor.

4. Responsibilities for processing of assessment information

a) Offices of Ministries, Ministry-level agencies and provincial-level People’s Committees (presiding over controlling administrative procedures) shall be responsible for updating and synthesizing assessment progress and results by using assessment and assessment result forms available on online assessment functions of single-window electronic systems and electronic assessment devices installed at One-stop Shops and the progress of receipt and handling of complaints or suggestions related to handling of administrative procedures.

b) Every quarter, One-stop Shops shall be responsible for synthesizing scoring results of specific public staff members in charge of receiving, handling and informing results of handling of administrative procedures under their receiving jurisdiction; synthesizing scoring results of entities or organizations in charge of receiving, handling and informing results of handling of administrative procedures under their receiving jurisdiction; reporting on scoring results of public staff members, entities or organizations in charge of receiving, handling and informing results of handling of administrative procedures, and sending recommendations about remedial actions against unsolved issues or problems (if any) to Offices of Ministries, Ministry-level agencies and provincial-level People’s Committees (those presiding over controlling administrative procedures). In case where any indicator has not had enough information for assessment, it shall not be counted in combination of scoring results.

Offices of Ministries, Ministry-level agencies and provincial-level People’s Committees (those presiding over controlling administrative procedures) shall be responsible for synthesizing results of scoring, classification and ranking (if any) of entities or organizations in charge of receiving, handling and informing results of handling of administrative procedures under the handling jurisdiction of ministries, sectoral administrations and all-level People's Committees; reporting to Ministers, Heads of Ministry-level agencies and Chairpersons of provincial-level People’s Committees on assessment results, measures to deal with unsolved issues or problems arising in the reporting quarter, results of correction and resolution of violations arising from implementation of single-window systems or interlinked single-window systems for handling of administrative procedures in the preceding quarter; publicly disclosing final results on ministerial- or provincial-level public service portals.

c) Every year, One-stop Shops shall be responsible for synthesizing results of scoring and classification of specific public staff members in charge of receiving, handling and informing results of handling of administrative procedures under their receiving jurisdiction; synthesizing scoring results of entities or organizations in charge of receiving, handling and informing results of handling of administrative procedures under their receiving jurisdiction; sending scoring results to entities or organizations in charge of receiving, handling and informing results of handling of administrative procedures under their receiving jurisdiction; reporting on results of scoring of receipt, handling and notification of handling results by public staff members, entities or organizations; sending recommendations about remedial actions against unsolved issues or problems (if any) to Offices of Ministries, Ministry-level agencies and provincial-level People’s Committees (those presiding over controlling administrative procedures).

Offices of Ministries, Ministry-level agencies and provincial-level People’s Committees (those presiding over controlling administrative procedures) shall be responsible results of scoring, classification and ranking of entities or organizations in charge of receiving, handling and informing results of handling of administrative procedures under the handling jurisdiction of ministries, sectoral administrations and all-level People's Committees; reporting to Ministers, Heads of Ministry-level agencies and Chairpersons of provincial-level People’s Committees on assessment results, measures to deal with unsolved issues and proposing any relevant commendations, rewards or sanctions (if any); publicly disclosing final results on ministerial- or provincial-level public service portals and sending reports to the Government's Office.

d) Scores of assessment indicators shall be consolidated and posted on the national public service portal by the single-window electronic information system. On the basis of consolidating and analyzing assessment indicators by means of statistical software available for use on the national public service portal and results reported by ministries, sectoral administrations and localities, the Government’s Office shall carry out the assessment and ranking of ministries, sectoral administrations and localities for their implementation of single-window systems and interlinked single-window systems for handling administrative procedures.

Chapter IV

MINISTERIAL- OR PROVINCIAL-LEVEL PUBLIC SERVICE PORTALS AND SINGLE-WINDOW ELECTRONIC INFORMATION SYSTEMS

Article 16. Ministerial- or provincial-level public service portals

1. Ministerial- or provincial-level public service portals must use domain names in the identical form: dichvucong.(name of ministry or locality).gov.vn with Vietnamese interfaces, e-services.(English name of ministry or locality).gov.vn with English interfaces; the name of a ministry or locality shall be subject to laws.

2. Ministerial- or provincial-level public service portals, which are interfaces used for communicating with organizations and individuals, shall provide the following functions:

a) Provide information about online administrative procedures and public services.

Administrative procedures to be served shall include main information in sync with the national database of administrative procedures such as codes of administrative procedures, contents of constituents of administrative procedures and others: Entity identity codes; levels of online public services.

b) Authenticate users according to the method of integration with the validation system of the national public service portal and authentication measures subject to the Circular No. 32/2017/TT-BTTTT dated November 15, 2017 of the Ministry of Information and Communications, prescribing provision of online public services and assurance of easy accessibility to webpages or electronic information portals of state regulatory authorities.

c) Receive level-3 and level-4 online public services directly or through connection to the national public service portal.

d) Search information, depending on authentication levels:

- Level – Requiring no authentication: Publicly disclosing information about codes of administrative documentation and levels of completion of the task of handling administrative procedures;

- Level – Already granting authentication: Providing information about the status of submitted administrative documentation of users at the level of specialized division or subdivision; progress and results of handling of complaints and suggestions of users; electronic information and documents that users have already been provided to public service portals.

dd) Provide instructions and supports for implementation of administrative procedures on interfaces by using sample questionnaire and answers and combined information about questions and answers already available on portals and via switchboards/specialized telephone numbers (if any); via user response functions such as communication channels on interfaces of portals or automatic assistant tools (if any).

e) Receive complaints and suggestions from people and enterprises about handling of administrative procedures, connect and share information with systems designed for receiving and answering complaints and suggestions of people and enterprises.

g) Assess the handling of administrative procedures, the handling of complaints and suggestions of state regulatory authorities under the provisions of Chapter III herein.

h) Make statistical and review reports on provision and handling of administrative procedures from public service portals and single-window electronic information systems of ministries, sectoral administrations and localities.

i) Connect, integrate and share information according functions specified in points a, b, c, d, dd, e, g and h of clause 2 of this Article with the national public service portal.

k) Provide other functions under decisions of Ministers, Heads of Ministry-level agencies and Chairpersons of provincial-level People's Committees.

Article 17. Ministerial- or provincial-level single-window electronic information systems

1. Ministerial- or provincial-level single-window electronic information systems are internal information systems assisting public staff members in carrying out and handling administrative procedures for organizations and individuals and provide the following functions:

a) Receive documentation of organizations and individuals from One-stop Shops, national public service portal, ministerial-level or provincial-level public service portals, and automatically grant codes of administrative documentation to facilitate the monitoring of processing of submitted documentation and notification of results;

b) Manage the entire process of handling of specific documentation on the basis of recording specific implementation steps in the real-time process and store the history of activities involved in handling of administrative procedures;

c) Assess the quality of handling of administrative procedures directly according to results of receipt and handling of documentation or through integration of information from public service portals;

d) Provide information about the status of submitted documentation to Ministerial- or provincial-level public service portals or national public service portal so that they publicly disclose such information in accordance with lawsoft;

dd) Manage implementation of accountability of entities and public staff members upon receipt of comments from organizations and individuals; manage the assessment of satisfaction of organizations and individuals.

e) Connect and integrate with systems designed to manage and assess control of administrative procedures and national reporting information system in order to provide information about progress and results of handling of administrative procedures in reporting periods in accordance with Chapter III in the Circular No. 02/2017/TT-VPCP.

2. Public staff members working at One-stop Shops and specialized entities or affiliates related to handling of administrative procedures shall update information about handling of administrative procedures arranged in order of codes of administrative documentation on ministerial- or provincial-level single-window electronic information systems.

Article 18. Platform for connection and sharing of information between information systems

Ministerial- or provincial-level public service portals, single-window electronic information systems and national public service portal may connect, integrate and share information on the platform for integration and sharing of data which is developed from the national document interconnection axis.

Article 19. Codes of documents submitted for implementation of administrative procedures

1. Document code structure shall include alphabetical and numeric characters as follows:

V₁V₂V₃.Z₁Z₂.Y₁Y₂.MX₁X₂-YYMMDD-XXXX

Where:

- V1V2V3.Z1Z2.Y1Y2.MX1X2 denotes the code of an entity in compliance with the national technical regulation on structures of identity codes and formats of data packets enabling connection between document management and administration systems as prescribed in the Circular No. 10/2016/TT-BTTTT dated April 1, 2016 of the Ministry of Information and Communications;

- YYMMDD denotes the date of receipt of documentation, including 06 numeric characters; YY stands for 02 ending numbers of the year, MM stands for 02 ending numbers of the month and DD stands for 02 ending numbers of the day.

- XXXX denotes the ordinal number of documentation received within the day, including 04 numerical characters.

2. Ministries, sectoral administrations and localities receiving documentation may apply barcode or QR code technologies and codes of administrative procedures for monitoring of handling of administrative procedures.

Article 20. Sector or industry classification codes of administrative procedures

1. Code structure

Sector or industry classification code structure shall include alphabetical and numeric characters as follows: MX₁X₂-LV

Where:

- MX₁X₂ denotes the tier-1 entity code in compliance with the national technical regulation on structures of identity codes and formats of data packets enabling connection between document management and administration systems as prescribed in the Circular No. 10/2016/TT-BTTTT dated April 1, 2016 of the Ministry of Information and Communications;

- LV denotes the sector classification code, including alphabetical and numerical characters in the list issued by the Chief cum Minister of the Government’s Office.

2. Sector or industry classification codes shall be available for use in the national public service portal, ministerial- or provincial-level public service portals and single-window electronic information systems.

Article 21. Procedures for designing and providing online public services on public service portals

Online public services carried out on public service portals shall be designed and put to use by taking the following steps:

1. Selecting administrative procedures permitted for provisions of online public services.

a) Determine users and demands on the basis of researching and assessing demands and users according to criteria such as high rate of appearance, popularity and having capability of providing online public services.

b) Determine administrative procedures in which online public services will be rendered only if they meet criteria specified in the Circular No. 02/2017/TT-VPCP.

c) Upgrading online public services from level 3 to level 4 must depend on user’s demands on the basis of results of receipt and handling of documentation online that make up at least 30% of total documentation and contents of administrative procedures meeting criteria for implementation of level-4 online public services as provided in the Circular No. 02/2017/TT-VPCP.

2. Setting the general procedures

Based on the list of online public services already determined, build the general procedures for rendering of online public services in specific sectors and industries which clearly set deadlines and schedule of implementation, building, operation and usage of online public service rendering systems at the ministerial or provincial level.

3. Proposing online public services to be designed

Entities shall report to heads of ministries, sectoral administrations and provincial-level People's Committees on design of online public services, responsibilities of entities involved in design, implementation, assessment and anticipation of difficulties or challenges faced during the process of implementing online public services, including difficulties related to institution, infrastructure, technical solutions, culture and habits of users, and recommendations about necessary actions to deal with them.

4. Developing specific online public services

Developing specific online public services must ensure relevance to the general procedures specified in clause 2 of this Article and the following steps:

a) Simplify administrative procedures already selected with particular attention paid to documents that must be submitted on the basis of assessment of existing data sources and extent of availability in integration and provision of information during the process of handling of administrative procedures according to the online method; simplify the process and duration of implementation and other constituents of administrative procedures on the basis of application of information technology to the receipt and handling of administrative procedures.

b) Determine data that need to be provided, solutions to providing data and assess the extent of availability in provision of data sources; public services in the general procedures that have already been rendered and similar ones that are currently in use.

c) Determine proper electronic identification and authentication solutions out of which those that may be compatible with smart mobile devices are preferred.

d) Design the detailed electronic procedures on the basis of administrative procedures already simplified; electronic identification and authentication solutions, integration and sharing of information with data sources and other public services.

dd) Conduct tests for perfection of online public services; implement propaganda programs for provision of online public services so that users can have access to information and use these services to meet their demands.

5. Rendering online public services

a) Take charge of rendering online public services.

b) Receive and deal with complaints and suggestions of individuals and organizations.

c) Survey and assess level of satisfaction of organizations and individuals.

d) Improve the quality of online public services.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 22. Implementary responsibilities

1. Ministers, Heads of Ministry-level agencies, Heads of Governmental bodies, General Directors of entities, Chairpersons of People’s Committees of provinces and centrally-affiliated cities, other organizations and individuals involved shall be responsible for implementing this Circular.

2. Administrative Procedure Control Department under the control of the Government’s Office shall be responsible for assisting the Minister cum Chief of the Government’s Office in monitoring, expediting and inspecting implementation of this Circular.

Article 23. Entry into force

1. This Circular shall enter into force on January 6, 2019.

2. In the course of implementation of this Circular, if there is any difficulty that arises, the Government’s Office must receive timely feedbacks to decide any necessary amendments or supplements./.