Chương II Thông tư 01/2018/TT-VPCP: Tổ chức thực hiện cơ chế một cửa, một cửa liên thông trong giải quyết thủ tục hành chính

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.