JOINT CIRCULAR No. 01/2011/TTLT-VPCP-BNV GUIDING THE FUNCTIONS, TASKS, POWERS, ORGANIZATION AND STAFFING OF THE PROCEDURE CONTROL DEPARTMENT UNDER THE MINISTRY’S OFFICE, THE MINISTRY-EQUIVALENT ORGANIZATION, AND THE PROVINCE PEOPLE'S COMMITTEE OFFICE UNDER THE DIRECT CONTROL OF THE STATE.

JOINT CIRCULAR

Guidelines on functions, tasks, powers, organization, and staffing

of administrative procedure control units under the Ministry's Office, Ministries at the same level as the Ministry, and People's Committee Offices of provinces and centrally governed cities

Based on Decree No. 33/2008/NĐ-CP dated March 19, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Office of the Government;

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Pursuant to Decree No. 63/2010/NĐ-CP dated June 8, 2010 of the Government on administrative procedure control;

Pursuant to Decree No. 20/2008/NĐ-CP dated February 14, 2008 of the Government on the receipt and handling of complaints and suggestions from individuals and organizations regarding administrative regulations;

Based on Decree No. 48/2008/NĐ-CP dated April 17, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

The Office of the Government and the Ministry of Home Affairs provide guidelines on the functions, tasks, powers, organization, and staffing of administrative procedure control units under the Ministry's Office, Ministries at the same level as the Ministry, and People's Committee Offices of provinces and centrally governed cities as follows:

ADMINISTRATIVE PROCEDURE CONTROL UNIT

PART I

UNDER THE MINISTRY'S OFFICE AND MINISTRIES AT THE SAME LEVEL AS THE MINISTRY

1. The administrative procedure control unit directly under the Ministry's Office and Ministries at the same level as the Ministry (excluding the Office of the Government) shall be named the Administrative Procedure Control Department, with the function of assisting the Director of the Ministry's Office and Ministries at the same level as the Ministry in controlling administrative procedures and receiving, processing complaints and suggestions from individuals and organizations regarding administrative regulations within the scope of management functions of the Ministry and Ministries at the same level as the Ministry according to Decree No. 63/2010/NĐ-CP dated June 8, 2010 of the Government on administrative procedure control (hereinafter referred to as Decree No. 63/2010/NĐ-CP) and Decree No. 20/2008/NĐ-CP dated February 14, 2008 of the Government on receiving, processing complaints and suggestions from individuals and organizations regarding administrative regulations (hereinafter referred to as Decree No. 20/2008/NĐ-CP).

Article 1. Position and Functions

2. The Administrative Procedure Control Department is subject to leadership and management over organization, staffing, and operations by the Minister and Heads of Ministries at the same level as the Ministry; direct guidance by the Director of the Ministry's Office and Ministries at the same level as the Ministry; and simultaneous guidance, direction, and inspection of professional matters by the Administrative Procedure Control Bureau.

1. Advise and assist the Director of the Ministry's Office and Ministries at the same level as the Ministry:

b) Draft five-year and annual socio-economic development plans for the province; major economic and social balances for the province; draft five-year and annual plans, programs, projects, measures to organize and implement tasks related to socio-economic development, finance-budget, planning-investment, and other tasks within the scope of state management of the Department of Finance as prescribed by law;

a) To develop annual programs and plans for administrative procedure control of the Ministry and Ministries at the same level as the Ministry, to submit to the Minister and Heads of Ministries at the same level as the Ministry for approval;

b) To control regulations on administrative procedures according to Chapter II of Decree No. 63/2010/NĐ-CP;

c) To control the implementation of administrative procedures within the scope of management functions of the Ministry and Ministries at the same level as the Ministry according to Chapter III of Decree No. 63/2010/NĐ-CP;

d) To receive, study, and classify complaints and suggestions about administrative regulations within the scope of management of the Ministry and Ministries at the same level as the Ministry to assign them to relevant departments, bureaus, and units of the Ministry and Ministries at the same level as the Ministry for handling according to Decree No. 20/2008/NĐ-CP; to urge, inspect, and promptly report to the Minister and Heads of Ministries at the same level as the Ministry necessary measures to correct administrative discipline in the process of handling complaints and suggestions from individuals and organizations;

đ) To control the quality and enter data on administrative procedures and related documents that have been published into the National Database on Administrative Procedures; to be responsible for the accuracy and legality of administrative procedures and related normative legal documents that have been published, entered into data, and uploaded into the National Database on Administrative Procedures; to organize the implementation of creating connections for online public services provided to individuals and organizations from the electronic information portals of the Ministry and Ministries at the same level as the Ministry with the National Database on Administrative Procedures according to the directives of the Minister and Heads of Ministries at the same level as the Ministry;

e) To organize the implementation of reviewing and evaluating administrative procedures within the scope and functions of management of the Ministry and Ministries at the same level as the Ministry according to the provisions of Decree No. 63/2010/NĐ-CP;

g) To inspect, compile, and build reports on the situation and results of administrative procedure control and the reception and processing of complaints and suggestions about administrative regulations periodically or urgently to submit to the Minister and Heads of Ministries at the same level as the Ministry for reporting to the Prime Minister according to Article 35 of Decree No. 63/2010/NĐ-CP and Clause 1 of Article 22 of Decree No. 20/2008/NĐ-CP;

h) To organize training and professional development for officials and civil servants who are responsible for implementing administrative procedure control tasks according to the guidance of the Administrative Procedure Control Bureau;

i) To urge relevant departments, bureaus, and units of the Ministry and Ministries at the same level as the Ministry to implement statistics on newly issued administrative procedures, amended, supplemented, or replaced administrative procedures, abolished or revoked administrative procedures; to implement programs, projects, and proposals on administrative procedure control issued by the Ministry and Ministries at the same level as the Ministry or higher-level state agencies;

k) To take the lead and coordinate with news agencies to disseminate and promote activities on administrative procedure control and the results of receiving and processing complaints and suggestions about administrative regulations;

l) During the course of operation, depending on assigned requirements and tasks, to submit to the Minister and Heads of Ministries at the same level as the Ministry proposals for mobilizing officials and civil servants from relevant departments, bureaus, and units of the Ministry and Ministries at the same level as the Ministry to perform administrative procedure control tasks; in cases where necessary, to submit to the competent authority for signing contracts and using consultants both inside and outside the state sector to work under contractual terms consistent with the law.

2. Perform the following tasks:

a) To guide and inspect the completion of impact assessment forms and cost calculation of compliance with administrative procedures by units assigned to draft normative legal documents; to independently assess the impact of administrative procedures stipulated in draft normative legal documents within the authority to issue by the Minister and Heads of Ministries at the same level as the Ministry according to the guidance of the Administrative Procedure Control Bureau;

a) Guide, inspect the completion of impact assessment forms and the calculation of compliance costs for administrative procedures by units assigned to draft regulatory legal documents; independently assess the impact of administrative procedures stipulated in draft regulatory legal documents within the authority to issue of the Minister, Head of a ministerial-level agency, in accordance with the guidance of the Administrative Procedure Control Agency;

b) Coordinate with functional units under the Ministry or ministerial-level agencies to conduct the final review on the necessity, legality, and rationality of administrative procedure regulations and the process of soliciting opinions as stipulated in Decree No. 63/2010/NĐ-CP for draft regulatory documents containing administrative procedures before submitting them to the Minister or head of a ministerial-level agency for consideration and decision;

c) Participate in business training organized by the Administrative Procedure Control Department;

d) During the inspection process, if they discover that an agency, unit, officer, or civil servant fails to implement, implements incorrectly, or violates administrative procedure control regulations, promptly recommend the competent authority to apply appropriate measures and sanctions according to the law;

đ) Perform other tasks and powers assigned by the Minister, head of a ministerial-level agency, Director of the Ministry's Office, or director of a ministerial-level agency;

Article 3. On Organization and Staffing

1. The Administrative Procedure Control Department shall have a Head and not more than two Deputy Heads:

a) The Head of the Administrative Procedure Control Department is the head of the department, responsible to the Director of the Ministry's Office, ministerial-level agency, Minister, head of a ministerial-level agency, and the law for all activities of the department;

b) The Deputy Heads assist the Head and are responsible to the Head and the law for the tasks assigned to them. In the absence of the Head, one Deputy Head may be authorized by the Head to manage the department's activities;

c) The Minister or head of a ministerial-level agency appoints and dismisses the Head and Deputy Heads of the Administrative Procedure Control Department upon the recommendation of the Director of the Ministry's Office, ministerial-level agency, or in accordance with the regulations on cadre management delegation of the Ministry or ministerial-level agency;

2. Staffing:

The administrative staffing of the Administrative Procedure Control Department under the Ministry's Office, ministerial-level agency shall be decided by the Minister or head of a ministerial-level agency within the total administrative staffing allocated according to the law and the directive of the Prime Minister;

PART II

PART OF ADMINISTRATIVE PROCEDURE CONTROL UNDER THE MINISTRY'S OFFICE

PEOPLE'S COMMITTEE OF PROVINCE/CITY DIRECTLY UNDER THE CENTRAL GOVERNMENT

1. The position and functions of the Social and Cultural Department shall be carried out in accordance with Article 11 of Decree No. 150/2025/NĐ-CP.

1. The administrative procedure control unit directly under the Office of the People's Committee of the province or centrally-administered city shall be named the Administrative Procedure Control Department, assisting the Director of the People's Committee of the province or centrally-administered city in administrative procedure control and receiving, processing complaints and suggestions from individuals and organizations regarding administrative regulations within the scope and authority of management of the provincial or centrally-administered city People's Committee (hereinafter referred to as the provincial People's Committee) according to Decree No. 63/2010/NĐ-CP and Decree No. 20/2008/NĐ-CP;

2. The Administrative Procedure Control Department is subject to leadership and management over organization, staffing, and operations by the provincial People's Committee and its Chairman; direct guidance by the Director of the provincial People's Committee's Office; and professional and business guidance and supervision by the Administrative Procedure Control Department;

Article 5. Tasks and Powers

1. Advise and assist the Director of the provincial People's Committee's Office:

a) To develop annual programs and plans on administrative procedure control of the provincial People's Committee, to submit to the provincial People's Committee Chairman for approval;

b) To monitor administrative procedure regulations as stipulated in Chapter II of Decree No. 63/2010/NĐ-CP;

c) To monitor the implementation of administrative procedures within the scope and authority of state management of the provincial People's Committee and its Chairman as stipulated in Chapter III of Decree No. 63/2010/NĐ-CP;

d) To receive, study, and classify complaints and suggestions from individuals and organizations regarding administrative regulations within the scope and authority of management of the provincial People's Committee and its Chairman, to assign them to relevant departments, agencies, and units for handling according to Decree No. 20/2008/NĐ-CP; to urge, inspect, and promptly report to the provincial People's Committee and its Chairman necessary measures to improve discipline and administrative conduct in dealing with complaints and suggestions from individuals and organizations;

đ) To monitor the quality and data entry of administrative procedures and related documents that have been published into the National Database on Administrative Procedures; to be responsible for the accuracy and legality of administrative procedures and related regulatory documents that have been published, entered into, and uploaded into the National Database on Administrative Procedures; to organize the implementation of creating connections for online public services provided to individuals and organizations from the electronic portals of departments, agencies under the provincial People's Committee with the National Database on Administrative Procedures according to the directive of the provincial People's Committee Chairman;

e) To organize the implementation of reviewing and evaluating administrative procedures within the jurisdiction of local authorities at various levels in the province or centrally-administered city according to Decree No. 63/2010/NĐ-CP;

g) To participate in providing written comments on the implementation of administrative procedure control for departments, agencies, units, and officials involved in the commendation and reward process within the authority of the provincial People's Committee Chairman and cases where higher authorities propose rewards;

h) To inspect, compile, and build reports on the situation and results of administrative procedure control and the reception and processing of complaints and suggestions about administrative regulations periodically or urgently to submit to the provincial People's Committee Chairman for reporting to the Prime Minister according to Article 35 of Decree No. 63/2010/NĐ-CP and Clause 1 of Article 22 of Decree No. 20/2008/NĐ-CP;

i) To establish a system of focal points to perform administrative procedure control tasks on a part-time basis at departments, bureaus, commissions, district-level People's Committees, commune-level People's Committees, and related units in the locality; to organize training and capacity building for officials and civil servants who serve as focal points for performing administrative procedure control tasks according to the guidance of the Administrative Procedure Control Department.

k) Urge relevant departments, agencies, units to implement the statistics of newly issued administrative procedures, amended, supplemented, or replaced administrative procedures, abolished administrative procedures; implement programs, projects, proposals on administrative procedure control issued by the People's Committee, Chairman of the Provincial People's Committee, or higher state agencies;

l) Take the lead and coordinate with local press and media agencies to provide information and promote activities related to administrative procedure control and results of receiving and handling complaints and suggestions regarding administrative regulations;

m) During the course of operation, depending on assigned tasks and requirements, submit to the Chairman of the Provincial People's Committee for mobilizing civil servants from departments, agencies, district-level People's Committees, commune-level People's Committees, and related units to work at the Provincial People's Committee Office to perform administrative procedure control tasks; if necessary, submit to the competent authority for signing contracts and utilizing consultants both within and outside the public sector to work under contractual terms suitable to legal provisions;

a) To guide and inspect the completion of impact assessment forms and cost calculation of compliance with administrative procedures by units assigned to draft normative legal documents; to independently assess the impact of administrative procedures stipulated in draft normative legal documents within the authority to issue by the Minister and Heads of Ministries at the same level as the Ministry according to the guidance of the Administrative Procedure Control Bureau;

a) Guide and inspect the completion of impact assessment forms and compliance cost calculation of administrative procedures by units responsible for drafting normative legal documents; independently assess the impact of administrative procedures stipulated in draft normative legal documents within the provincial people's committee's issuance authority;

b) Coordinate with functional units within the Provincial People's Committee Office to conduct final checks on the necessity, legality, and rationality of administrative procedure regulations and the solicitation of opinions as prescribed in Decree No. 63/2010/NĐ-CP for draft normative legal documents containing administrative procedures before submitting them to the Chairman of the Provincial People's Committee for consideration and decision;

c) Participate in business training organized by the Administrative Procedure Control Department;

d) During the inspection process, if they discover that an agency, unit, officer, or civil servant fails to implement, implements incorrectly, or violates administrative procedure control regulations, promptly recommend the competent authority to apply appropriate measures and sanctions according to the law;

d) Perform other duties and powers delegated by the Chairman of the Provincial People's Committee and the Director of the Provincial People's Committee Office;

Article 6. Organizational structure and staffing

1. The Administrative Procedure Control Department has a Head and not more than two Deputy Heads; specifically, in Hanoi City and Ho Chi Minh City, not more than three Deputy Heads;

a) The Head of the Administrative Procedure Control Department is the head of the department, accountable to the Director of the Provincial People's Committee Office and to the law for all activities of the department;

b) Deputy Heads assist the Head, accountable to the Head and to the law for assigned tasks; when the Head is absent, one Deputy Head authorized by the Head shall manage the department's activities;

c) The appointment and removal of the Head and Deputy Heads of the Administrative Procedure Control Department are carried out according to legal provisions or management level regulations for cadres;

2. Staffing:

The administrative staffing of the Administrative Procedure Control Department is decided by the Provincial People's Committee within the total staffing allocated to the Provincial People's Committee Office according to legal provisions and directives from the Prime Minister;

Chapter III

IMPLEMENTING PROVISIONS

Article 7. Effective Date

This Circular takes effect from March 15, 2011;

Article 8. Responsibility for Implementation

1. The Minister, Head of a ministry-equivalent agency, Chairman of the Provincial People's Committee decides to establish and specify the tasks, powers, organizational structure, and staffing of the Administrative Procedure Control Department under the Ministry's Office, ministry-equivalent agency's Office, and Provincial People's Committee Office following the guidelines set forth in this Circular;

2. During implementation, if any issues arise or difficulties occur, ministries, ministry-equivalent agencies, provincial people's committees, and related agencies should promptly report to the Government Office and the Ministry of Home Affairs for examination and resolution within their jurisdiction./;