Chapter III

REVIEWING, ASSESSING, RESTRUCTURING ADMINISTRATIVE PROCEDURES FOR ONLINE PUBLIC SERVICE PROVISION

Article 13. Criteria for online public service provision in administrative procedures by electronic means

1. Criteria for wholly online public services in administrative procedures by electronic means.

a) All information about administrative procedures shall be published and provided on the National Database on administrative procedures and Ministerial and provincial administrative procedure information systems;

b) Organizations and individuals are allowed to download document forms on the National Database on administrative procedures and Ministerial and provincial administrative procedure information systems;

c) Application forms and declaration forms shall be filled and sent online; and digital signatures shall be applied to them in case the signatures of organizations and individuals are required.

d) All dossiers shall be sent by electronic means;

dd) Online payment shall be made via National Public Service Portal or Ministerial and provincial administrative procedure information systems for which the payment of fees and charges or other financial obligations are required;

e) During the processing of dossiers and providing services by electronic means, process of following and handling administrative procedures, organizations and individuals are not required to submit or present physical documents to inspect or be present at regulatory agencies or follow procedures directly before officials who receive and process their dossiers; regulatory agencies must conduct on-site verification in accordance with regulations of law;

g) Administrative procedure results in electronic formats shall be shown;

h) Results shall be sent online or via public postal services, and organizations and individuals are not required to be present or directly sign to acknowledge receipt of results.

2. Criteria for partially online public services in administrative procedures by electronic means.

Partially online public service in receiving and handling administrative procedures by electronic means for organizations and individuals are online public services which fail to fully satisfy criteria of wholly online public services but must satisfy the criteria prescribed in points a, b, c, d and g clause 1 of this Article.

3. Public services which only satisfy the criteria prescribed in Points a and b Clause 1 of this Article shall be considered services of online information provision to organizations and individuals and not be considered online public services in following administrative procedures by electronic means.

4. From results of reviewing, agencies and units tasked with administrative procedure control shall consolidate results and submit reports to leaders of ministries, central authorities and local authorities for making decisions on approving lists. A report includes the following contents:

a) Lists of administrative procedures and administrative procedure groups which meet requirements for restructuring procedures for and provision of wholly or partially online public services in receiving and handling administrative procedures by electronic means;

b) Administrative procedure lists and administrative procedure groups which fail to meet requirements for immediately restructuring procedures for and provision of wholly or partially online public services in receiving and handling administrative procedures by electronic means. Proposed amendments to relevant legislative documents before restructuring procedures.

Article 14. Steps in procedure restructuring

Steps in restructuring administrative procedures are specified in Clause 2 Article 26 of Decision No. 31/2021/QD-TTg dated October 11, 2021 of the Prime Minister promulgating Regulations on management, operation and use of the National Public Service Portal;

Article 15. Criteria for selection of administrative procedures to be reviewed and assessed to provide online public services

1. The conformity of regulations on administrative procedures by electronic means.

2. The number of entities and frequency of each administrative procedure.

3. Ability to connect, communicate and share data serving administrative procedures between agencies during administrative processes.

4. The efficiency of the provision of online public services.

Article 16. Reviewing administrative procedures

1. On the basis of approved administrative procedure lists, agencies and units tasked with administrative procedure control shall cooperate with relevant agencies and units in reviewing separated administrative procedures and inter-connected administrative procedures.

2. The review of administrative procedures shall be conducted on the basis of steps in following administrative procedures or inter-connected administrative procedures within responsibilities and specific tasks of each relevant agency or unit participating in such procedures.

3. For separated administrative procedures, reviewing agencies shall follow these steps to draw an overall diagram:

a) Researching regulations on administrative procedures to determine the sequence of steps to be performed of administrative procedures since the day on which dossiers of organizations and individuals following administrative procedures are submitted until the date on which results of processing such dossiers are received;

b) Determining agencies, units and individuals participating in receiving, processing dossiers and returning results and specific responsibilities and tasks to be performed;

c) Drawing and completing the diagram.

4. For inter-connected administrative procedures, reviewing agencies shall follow these steps to draw an overall diagram:

a) Determining the order and relationship between administrative procedures in this group and responsibilities of agencies and units for each administrative procedure;

b) Determining the current order of each separated administrative procedure in this group;

c) Drawing and completing the diagram.

Article 17. Reviewing and restructuring administrative procedures

1. Restructuring of administrative procedures is required in order to achieve one or a number of the following aims:

a) Cut down unnecessary administrative procedures;

b) Reduce travel and direct contact of organizations and individuals following administrative procedures;

c) Reduce dossiers and documents to be provided by organizations and individuals following administrative procedures;

d) Reduce steps to be handled directly or manually by agencies and units during administrative processes.

2. Criteria for restructuring administrative procedures:

a) Ability to connect, share data and digitize dossiers and documents;

b) Ability to electronically communicate between agencies during administrative processes;

c) The efficiency of building an online public service provision system;

d) The adequacy of the online public service delivery system.

3. Methods of restructuring administrative procedures:

a) Identify systems and databases related to the following of administrative procedures and the ability to connect, share and access data;

b) Evaluate the removal and simplification of administrative procedures, documentation requirements, steps of following administrative procedures according to the restructuring criteria;

c) Develop an electronic flowchart.

4. The review and standardization of application and declaration forms for establishing interactive forms shall comply with the regulations of Chapter IV of this Circular.

5. Depending on the requirements, the process restructuring shall be carried out according to each separated administrative procedure or according to the group of inter-connected administrative procedures. On the basis of the restructuring results, the agency in charge of reviewing (hereinafter referred to as “the reviewing agency”) shall evaluate and complete the electronic process after process restructuring to provide online public services. In case of necessity, the reviewing agency shall consolidate, propose or implement according to its competence amendments to regulations in legislative documents in order to complete the legal basis to meet the maximum results specified in Clause 1 of this Article when providing online public services.

Article 18. Calculating cost savings

On the basis of the process restructuring plan, the reviewing agency or unit shall calculate cost reduction on the basis of the contents which have been removed or simplified according to regulations on control of administrative procedures.

Article 19. Building or improving systems, integrating, testing and providing online public services

1. Based on the results of the review and formulation of the restructuring plan, the reviewing agency shall propose to the Minister, Heads of ministerial agencies, Governmental agencies and Presidents of provincial People's Committees approval and announcement of the results to provide or improve online public services.

2. The reviewing agency shall integrate, test and provide them on the National Public Service Portal, ministerial and provincial administrative procedure information systems. The reviewing agency shall encourage the testing with the participation of subjects following administrative procedures.

Article 20. Testing of integrated online public service on the National Public Service Portal

1. Inspecting and requesting disclosure of online public services declared on the National Public Service Portal.

Officials of agencies and units controlling administrative procedures of ministries, central and local authorities shall use their accounts on the National Public Service Portal to check online public services declared on the National Public Service Portal in the list of public services; verify the information and request disclosure of public services on the National Public Service Portal to perform testing. In case of inaccurate information, it is necessary to request the competent agencies to correct it fully and accurately before requesting disclosure.

The information to be verified includes names of public services, accuracy of administrative procedure codes for the declared public services, levels of implementing agencies; implementing agencies and units, links to public services; degrees of application.

2. The testing of online public services on the National Public Service Portal shall be carried out.

After an online public service is disclosed on the National Public Service Portal, within 05 working days from the date of disclosure, the online public service must be tested by ministries, central and local authorities with the role of service users. The testing results shall be uploaded to quantri.dichvucong.gov.vn (the administration page of the National Public Service Portal).

Contents of the testing include:

a) Test the single sign-on (SSO) function from the National Public Service Portal to the system for public service provision;

b) Submit dossiers online. In case a step cannot be performed or information on the document is incorrect, it must be reported for inspection and adjustment;

c) Check the integration of online payment for public services that allow online payment, including: Technical continuity of the payment process; payment methods for which the Online Payment System of the National Public Service Portal is integrated and used.

For wholly online public services that involve payment but online payment is not available, it is recommended to review and integrate online payment to ensure that the quality requirements of wholly public services are met;

d) Check the processing of online dossiers, the synchronization of administrative procedure result and document statuses in electronic formats. After successfully submitting a dossier, the continuity in transporting and professional operation of dossier processing between agencies, units and divisions and the synchronization of document statuses following each step in internal electronic process of such agencies with the National Public Service Portal must be checked. In case administrative procedure results in electronic formats contain digital signatures, the signing and display of digital signatures shall comply with the regulations of the Law on Electronic Transactions and relevant laws;

dd) Consolidate testing results.

After completing the testing, ministries, central and local authorities shall consolidate the test results and update the tested dossier and public service codes on the administrative system of the National Public Service Portal that will check the results.

3. After 05 working days from the date of disclosure for testing on the National Public Service Portal, but ministries, central authorities and local authorities do not either perform testing and do not send testing results as prescribed, the system will automatically stop disclosure of registered online public services.