Circular No. 05/2014/TT-BTP guiding the publication and posting of administrative procedures and reports on the implementation of administrative procedure control.

CIRCULAR

Guidelines for publishing and posting administrative procedures and reporting on the situation and results of administrative procedure control for

Reporting on the situation and results of administrative procedure control

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Pursuant to Decree No. 22/2013/NĐ-CP dated March 13, 2013, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

Pursuant to Decree No. 63/2010/NĐ-CP dated June 8, 2010 of the Government on administrative procedure control and Decree No. 48/2013/NĐ-CP dated May 14, 2013 of the Government amending and supplementing certain articles of related decrees concerning administrative procedure control;

At the proposal of the Director of the Administrative Procedure Control Department;

The Minister of Justice issues this Circular guiding the publication and posting of administrative procedures and reporting on the situation and results of administrative procedure control.

PART I

ANNOUNCEMENT AND DISPLAY OF ADMINISTRATIVE PROCEDURES

Section 1

ANNOUNCEMENT OF ADMINISTRATIVE PROCEDURES

Article 1. Purpose and requirements for publishing administrative procedures

1. Publishing administrative procedures, including procedures for handling matters (hereinafter referred to collectively as administrative procedures), to ensure full, accurate, synchronized, consistent, transparent, and timely implementation of administrative procedure regulations, creating conditions for competent state agencies and the people to check and supervise the handling of administrative procedures, contributing to preventing and combating corruption, and consolidating the people's trust in all levels of government.

2. Requirements for publishing administrative procedures

a) Administrative procedures must be published in the form of decisions by the Minister, Heads of ministries at the level equivalent to ministries, Chairpersons of provincial People's Committees (hereinafter abbreviated as Provincial People's Committee), and heads of agencies or units entrusted with the task or authorized to issue guidance documents for handling matters for individuals and organizations by higher-level state agencies;

b) Published administrative procedures must be within the authority, following a rigorous process ensuring reliability, accuracy, completeness, timeliness, and compliance with prescribed deadlines;

c) The decision to publish by the Minister, Head of a ministry at the level equivalent to a ministry has the value of an original document for specialized agencies under the Provincial People's Committee to receive and use as a basis for drafting a decision to publish, to be submitted to the Chairman of the Provincial People's Committee for issuance to implement locally;

d) The decision to publish by the Chairman of the Provincial People's Committee must be consistent with the decision to publish by the Minister, Head of a ministry at the level equivalent to a ministry and ensure the supplementation of all components of the administrative procedure stipulated in legal normative documents within the authority to promulish of the People's Council, Provincial People's Committee;

e) The decision to publish by the General Director of the Agency: Vietnam Development Bank, Vietnam Social Policy Bank, Vietnam Social Insurance (hereinafter abbreviated as General Director of the Agency) must be consistent with the decision to publish related administrative procedures by the Minister, Head of a ministry at the level equivalent to a ministry and have the value of implementation throughout the system of subordinate agencies nationwide.

Article 2. Conditions and scope for publishing administrative procedures

1. Conditions for administrative procedures to be published

a) Administrative procedures falling within the scope regulated by Decree No. 63/2010/NĐ-CP dated June 8, 2010 of the Government on administrative procedure control (hereinafter abbreviated as Decree No. 63/2010/NĐ-CP);

b) Administrative procedures that have been issued in legal normative documents within the authority of the National Assembly, Standing Committee of the National Assembly, the Government, Prime Minister, Minister, Head of a ministry at the level equivalent to a ministry, People's Council, Provincial People's Committee, and in guidance documents for handling matters issued by higher-level state agencies entrusted with the task or authorized to the General Director of the Agency to issue.

2. Scope of publishing administrative procedures as stipulated in Article 14 of Decree No. 63/2010/NĐ-CP.

Article 3. Form and Content of the Decision Announcing Administrative Procedures

1. The Decision Announcing Administrative Procedures is an individual document form indirectly prescribed (the model of the Decision Announcing is attached at Appendix I to this Circular) , with the following specific structure:a) The Decision;

b) List of new administrative procedures issued, amended, supplemented, replaced, abolished, or revoked;

c) Specific content of each administrative procedure (in cases of announcing new administrative procedures issued, amended, supplemented, or replaced) and accompanying documents (if any), including: application forms, administrative declaration forms; fees and charges; sample results of administrative procedures; requirements and conditions.

2. Content of the Decision Announcing

a) For newly issued administrative procedures, the announcement content must include all the following information:

- Parts constituting the administrative procedure as stipulated in Clause 2, Article 8 of Decree No. 63/2010/ND-CP;

- Legal normative documents governing the administrative procedure;

- Location and time for implementing the administrative procedure.

b) For administrative procedures that have been amended, supplemented, or replaced, in addition to announcing the parts constituting the administrative procedure, the announcement content must clearly identify which part of the administrative procedure has been amended, supplemented, or replaced by italicizing it and noting "Italicized portion is the amended, supplemented/replaced content" immediately after each procedure; legal normative documents providing for the amendment, supplementation, or replacement of the administrative procedure;

c) For administrative procedures that have been abolished or revoked, the announcement content must clearly specify the following information:

- Name of the abolished or revoked administrative procedure and file number if the administrative procedure has been published on the national database;

- Legal normative documents providing for the abolition or revocation of the administrative procedure.

Article 4. Responsibility for Drafting the Decision Announcing Administrative Procedures

1. Departments and functional units under Ministries and ministerial-level agencies shall be responsible for drafting the decision announcing administrative procedures immediately after the issuance of legal normative documents detailing administrative procedures within their management functions.

In cases where administrative procedures are detailed in joint circulars, the departments and functional units under Ministries and ministerial-level agencies that have taken the lead in issuing the joint circulars shall be responsible for drafting the decision announcing administrative procedures immediately after the issuance of the joint circulars. In cases where administrative procedures fall within the management and implementation responsibilities of Ministries and ministerial-level agencies that have cooperated in issuing joint circulars, the departments and functional units under those Ministries and ministerial-level agencies shall be responsible for drafting the decision announcing administrative procedures.

2. Specialized agencies under provincial People's Committees and functional units under: Vietnam Social Security, Vietnam Bank for Social Policies, Vietnam Development Bank shall be responsible for drafting decisions announcing administrative procedures within their management functions immediately upon receipt of the decision announcing administrative procedures from the Minister or head of a ministerial-level agency.

2. The specialized agencies of the provincial People's Committees in charge of sectors and fields, and the functional agencies and units under: Vietnam Social Security, Vietnam Policy Bank, and Vietnam Development Bank shall be responsible for drafting decisions to announce administrative procedures within their sectoral and field management functions immediately upon receipt of the decision announcing administrative procedures from the Minister, Head of a ministerial-level agency.

Article 5. Responsibility for urging, monitoring the quality of draft Decisions on announcing

1. The Administrative Procedure Control Department under the Legal Organization of the Ministry or a ministry-level agency shall be responsible for urging, monitoring, and controlling the quality of draft decisions on announcing prepared by agencies and functional units under the Ministry or a ministry-level agency.

2. The Administrative Procedure Control Department under the Legal Organization of the Vietnam Social Security, the Vietnam Policy Bank, and the Vietnam Development Bank shall be responsible for urging, monitoring, and controlling the quality of draft decisions on announcing prepared by agencies and functional units under the Vietnam Social Security, the Vietnam Policy Bank, and the Vietnam Development Bank.

3. The Administrative Procedure Control Department under the Department of Justice shall be responsible for urging, monitoring, and controlling the quality of draft decisions on announcing prepared by specialized agencies within the provincial People's Committee regarding their respective fields and industries.

Article 6. Procedures for drafting and promulgating Decisions on announcing administrative procedures by Ministers, Heads of ministry-level agencies

Decisions on announcing administrative procedures by Ministers, Heads of ministry-level agencies must be promulgated at least twenty working days before the effective date of legal documents that specify such administrative procedures. The procedures for drafting and promulgating Decisions on announcing are as follows:

1. Drafting Decisions on announcing

a) Agencies and functional units under the Ministry or a ministry-level agency shall proactively draft Decisions on announcing immediately after the issuance of legal documents containing detailed provisions on administrative procedures within their scope of management functions, and no later than thirty working days before the effective date of these legal documents, the agencies and units must submit the draft Decisions on announcing to the Legal Organization of the Ministry or a ministry-level agency for quality control;

b) The dossier for submitting draft Decisions on announcing for quality control includes:

- A request for quality control of the draft Decision to Publish;

- Draft Resolution on issuing the Decision on announcing;

- Draft Decision on announcing attached with new administrative procedures issued, administrative procedures amended, supplemented, or replaced, administrative procedures abolished or revoked.

2. Quality control of draft Decisions on announcing

The Administrative Procedure Control Department under the Legal Organization shall be responsible for assisting the head of the Legal Organization in quality control regarding the form and content of the Decision on announcing and sending comments in writing to the agency drafting the Decision on announcing within five working days from the date of receipt of the dossier for soliciting opinions on the draft Decision on announcing.

3. Incorporating feedback, explaining, perfecting the draft Decision on announcing and submitting for signature and promulgation

The agency or unit drafting the Decision on announcing as stipulated in point a, Clause 1 of this Article shall be responsible for incorporating feedback, explaining, and perfecting the draft Decision on announcing according to the suggestions of the Legal Organization and submitting it to the Minister or Head of a ministry-level agency for promulgation within three working days from the date of receipt of the comments of the Legal Organization.

The dossier for submitting the draft Decision on announcing includes:

- The Resolution to Publish the Decision;

- Draft Decision on announcing attached with new administrative procedures issued/amended, supplemented, or replaced/abolished or revoked within the scope of management functions of the Ministry/ministry-level agency;

- Document incorporating feedback and explanations accompanying the comments of the agency or unit as stipulated in Article 5 of this Circular.

4. Sending and publicizing the Decision on announcing after promulgation

a) After signing and promulgating, the Decision on announcing must be promptly sent to the Administrative Procedure Control Department under the Ministry of Justice, specialized agencies within the provincial People's Committee, and the Department of Justice on the same day the document is signed, at the latest on the following working day; simultaneously, it must be publicly posted on the electronic information website of the Ministry or a ministry-level agency and the national database on administrative procedures;

b) The Decision on announcing administrative procedures can be sent in paper form or electronic format. Specific methods of sending are as follows:

- Paper-based Decisions on announcing are sent via postal service, fax, or delivered directly;

- Electronic formats of Decisions on announcing are editable and reusable files (word, excel); PDF files are stored as scanned copies (scan) of the original.

Electronic Decisions on announcing are sent in word, excel format and must include a PDF file for comparison, verification, ensuring the accuracy of the Decision on announcing.

Article 7. Procedures for drafting and promulgating the Decision on announcing by the Chairman of the Provincial People's Committee and the General Director of the Agency.

The Decision on announcing administrative procedures by the General Director of the Agency; the Chairman of the Provincial People's Committee must be issued no later than five working days before the date when guiding documents for handling administrative procedures, normative legal documents of the People's Councils and People's Committees at the provincial level take effect, which stipulate administrative procedures. The procedures for drafting and promulgating the Decision on announcing are as follows:

1. In cases where there is an addition to administrative procedures or parts forming administrative procedures according to normative legal documents of the People's Councils and People's Committees at the provincial level or guiding documents for handling administrative procedures of the General Director of the Agency:

a) Based on the Announcement Decision of the Minister, Head of a ministerial-level agency, functional agencies under the Vietnam Social Security, Vietnam Policy Bank, Vietnam Development Bank, and specialized agencies under the Provincial People's Committee adding administrative procedures or parts forming administrative procedures, complete the draft Announcement Decision within two working days from the date of receipt of the Announcement Decision; simultaneously send the draft Announcement Decision to the agency specified in point b, Clause 1 of this Article for quality control.

The dossier of the draft Announcement Decision sent for quality control includes:

- A request for quality control of the draft Decision to Publish;

- Draft Resolution on issuing the Decision on announcing;

- The draft Announcement Decision along with the administrative procedure within the authority to handle.

b) The Administrative Procedure Control Room under the Legal Organization of the Vietnam Social Security, Vietnam Policy Bank, Vietnam Development Bank, Department of Justice shall be responsible for controlling the form and content of the draft Announcement Decision and send comments in writing within two working days from the date of receipt of the draft Announcement Decision;

c) The agency or unit drafting the Announcement Decision shall adopt and explain the comments and perfect the draft Announcement Decision, submit it to the General Director of the Vietnam Social Security, Vietnam Policy Bank, Vietnam Development Bank, Chairman of the Provincial People's Committee for issuance within one working day from the date of receipt of the comments of the Legal Organization of the Agency, Department of Justice.

The dossier for signing and issuing the Announcement Decision includes:

- The Resolution to Publish the Decision;

- The draft Announcement Decision along with the administrative procedure within the authority to handle.

2. In cases where the administrative procedures in the Announcement Decision of the Minister, Head of a ministerial-level agency have ensured all parts forming the administrative procedures and guiding documents for handling administrative procedures of the General Director of the Agency, and normative legal documents of the People's Councils and People's Committees at the provincial level do not have relevant provisions on the administrative procedures already announced by the Minister, Head of a ministerial-level agency, the functional agencies under the Vietnam Social Security, Vietnam Policy Bank, Vietnam Development Bank, and specialized agencies under the Provincial People's Committee shall notify the Administrative Procedure Control Room under the Legal Organization of the Agency, Department of Justice within three working days from the date of receipt of the Announcement Decision; simultaneously submit the Announcement Decision to the General Director of the Agency, Chairman of the Provincial People's Committee for issuance in the form of "Exact copy"; connect with the National Database on Administrative Procedures and immediately post the announced administrative procedures.

After signing and issuing the Announcement Decision according to the provisions of Clause 1 of this Article or confirming according to the provisions of Clause 2 of this Article, it shall be sent to the Administrative Procedure Control Room under the Legal Organization of the Agency, Department of Justice and sent to the Administrative Procedure Control Department under the Ministry of Justice for monitoring and management; at the same time, publish on the website of the Provincial People's Committee or the website of the specialized agency under the Provincial People's Committee and publish on the National Database on Administrative Procedures.

The method of sending the Announcement Decision shall be implemented in accordance with the guidance in Clause 4, Article 6 of this Circular.

Section 2

ANNOUNCING ADMINISTRATIVE PROCEDURES

Article 8. Scope and Responsibility for Publicly Displaying Administrative Procedures

The display of administrative procedures at agencies and administrative units at all levels shall be carried out in accordance with the provisions of Article 16 and Article 17 of Decree No. 63/2010/NĐ-CP and based on the announcement decision of the Minister, Head of a ministerial-level agency, General Director of the agency, or Chairman of the Provincial People's Committee. Specifically as follows:

1. Agencies under ministries, ministerial-level agencies, and affiliated agencies of the Vietnam Social Security, the Vietnam Policy Bank, and the Vietnam Development Bank, which directly receive and process administrative procedures for individuals and organizations within their jurisdiction, have the responsibility to promptly and fully display such administrative procedures.

2. Agencies and units that directly receive and process administrative procedures at the local level must promptly and fully display administrative procedures within their jurisdiction.

3. Organizations authorized by state administrative agencies or competent authorities to provide public services must fully display the administrative procedures they are authorized to handle.

Article 9. Responsibilities for Guiding, Monitoring, Urging, and Inspecting the Public Display of Administrative Procedures

1. The Administrative Procedure Control Office under the Legal System Organization of ministries, ministerial-level agencies, the Vietnam Social Security, the Vietnam Policy Bank, and the Vietnam Development Bank is responsible for assisting the head of the Legal System Organization in guiding, monitoring, urging, and inspecting the implementation of the public display of administrative procedures at agencies and units under ministries, ministerial-level agencies, the Vietnam Social Security, the Vietnam Policy Bank, and the Vietnam Development Bank.

2. The Administrative Procedure Control Office under the Department of Justice is responsible for assisting the Director of the Department of Justice in guiding, monitoring, urging, and inspecting the implementation of the public display of administrative procedures at agencies and units that directly receive and process administrative procedures at the local level.

Article 10. Requirements for Publicly Displaying Administrative Procedures

1. The public display of administrative procedures must be organized promptly, ensuring that administrative procedures are displayed on the effective date of the announcement decision; expired administrative procedures shall not be displayed.

2. The public display of administrative procedures must ensure accuracy, clarity, and completeness of administrative procedures and their components as stipulated in the announcement decision, facilitating maximum access, understanding, and implementation of administrative procedures for organizations and individuals, safeguarding the legitimate rights and interests of individuals and organizations, and providing a basis and conditions for exercising the right to supervise the process of receiving and processing administrative procedures by state civil servants.

3. In cases where administrative procedures publicly displayed include application forms and declaration forms, these forms must be attached immediately after the administrative procedures; the paper version of the publicly displayed administrative procedures must be ensured to be undamaged, unsoiled, and not faded.

Article 11. Methods for Publicly Displaying Administrative Procedures

Publicly displaying administrative procedures at the office premises of agencies and units directly receiving and processing administrative procedures is a mandatory requirement as stipulated in Article 17 of Decree No. 63/2010/NĐ-CP. The method of publicly displaying administrative procedures shall be implemented uniformly as follows:

1. Publicly displaying administrative procedures on a board using one or more of the following methods: wall-mounted boards, rotating pillar boards, mobile boards... suitable to the specific conditions of the agency implementing the display. The position of the board must be appropriate, not too high or too low to facilitate easy reading and access by individuals. The location where the board is placed must have sufficient space for readers to understand, discuss, and take notes; glass, plastic film, steel mesh, or locked doors should not be used to cover the displayed administrative procedure board.

The size of the board for displaying administrative procedures must be appropriate, ensuring that all administrative procedures are fully displayed according to each field and the content guiding the right to reflect opinions and complaints and the acceptance of such reflections and complaints (according to Model No. 01 in Appendix II attached hereto).

2. Administrative procedures attached to the Display Board are divided into sets according to each field, structured as follows:

a) List of administrative procedures by field clearly stating the name of the administrative procedure and the corresponding serial number of each administrative procedure (according to Model No. 02 in Appendix II attached hereto);

b) Content of each administrative procedure (according to Model No. 03 in Appendix II attached hereto) is printed on one side of a minimum A4-sized paper, accompanied by sample forms and application forms (if any). The font used for presentation is Vietnamese Unicode (Times New Roman), with a minimum font size of 14 according to Vietnam National Standard TCVN 6009:2001.

3. In addition to the mandatory public disclosure method by displaying administrative procedures at the office premises of agencies and units directly receiving and processing administrative procedures and posting on the National Database of Administrative Procedures, Ministries, ministerial-level agencies, and organizations: Vietnam Social Security, Vietnam Development Bank, Vietnam Policy Bank, People's Committees of provinces, and functional agencies under these agencies may also use other appropriate public disclosure methods, such as: compiling administrative procedures by field into booklets placed at locations for receiving and processing administrative procedures or at community cultural houses or communal activity venues of villages, hamlets, wards, or other public activity sites; printing leaflets; using computers connected to the national database at the address http://csdl.thutuchanhchinh.vn.

Article 12. Publicly Displaying Content Guiding the Implementation of Reflections and Complaints from Individuals and Organizations

1. The content guiding the public display of the implementation of reflections and complaints from individuals and organizations regarding administrative regulations according to Model No. 04 in Appendix II attached hereto.

2. Responsibilities for implementing, guiding, monitoring, urging, and inspecting the public display of content guiding the implementation of reflections and complaints from individuals and organizations shall be carried out in accordance with Articles 8 and 9 of this Circular.

PART II

REPORTING SYSTEM ON SITUATION AND RESULTS

IMPLEMENTATION OF ADMINISTRATIVE PROCEDURE CONTROL

Article 13. Contents of the report on the situation and results of administrative procedure control

The report on the situation and results of administrative procedure control is a document describing achievements, unachieved tasks; existing issues, limitations, difficulties, obstacles and their causes during the implementation of administrative procedure control tasks; proposals and recommendations; at the same time, it outlines key tasks to be carried out in the next reporting period. The basic contents include:

1. The situation and results of assessing the impact of administrative procedures.

2. The situation and results of participating in providing opinions on administrative procedures stipulated in projects and draft regulatory legal documents.

3. The situation and results of participating in reviewing administrative procedures stipulated in projects and draft regulatory legal documents.

4. The situation and results of announcing, publicizing and entering administrative procedure data into the National Database on Administrative Procedures.

5. The situation and results of reviewing and simplifying administrative procedures (if applicable).

6. The situation and results of handling administrative procedures, including details of commendations and disciplinary actions against civil servants who violate regulations on administrative procedure control (if applicable).

7. The situation and results of receiving and processing complaints and suggestions regarding administrative regulations.

8. The situation and results of researching and proposing innovative reforms to administrative procedures (if applicable).

9. The situation and results of communication activities supporting administrative procedure control operations.

10. Other contents as requested by the Ministry of Justice or the Prime Minister.

Article 14. Responsibilities for Implementing Reports

1. Responsibilities of Reporting Units

a) People's Committees at the commune level, specialized agencies under People's Committees at the district level, and specialized units under Departments and Ministries shall be responsible for reporting according to the contents of forms number 06a/BTP/KSTT/KTTH and 07a/BTP/KSTT/KTTH attached as Appendix III of this Circular;

b) Agencies and units organized and managed under vertical systems at provincial and centrally-administered city levels, and at county, district, town, and city levels within provinces of agencies organized under vertical systems under Ministries, equivalent Ministries, and units organized and managed under vertical systems at provincial and centrally-administered city levels, and at county, district, town, and city levels within provinces of the following agencies: Vietnam Social Security, State Bank for Social Policies, Vietnam Development Bank shall be responsible for reporting according to the contents of forms number 06a/BTP/KSTT/KTTH, 07c/BTP/KSTT/KTTH attached as Appendix III of this Circular;

c) Administrative Procedure Control Offices under Legal Systems of Ministries and equivalent Ministries shall be responsible for reporting according to the contents of forms number 02a/BTP/KSTT/KTTH, 03b/BTP/KSTT/KTTH, 04a/BTP/KSTT/KTTH, 05a/BTP/KSTT/KTTH (if applicable) attached as Appendix III of this Circular;

d) Administrative Procedure Control Offices under Departments of Justice shall be responsible for reporting according to the contents of forms number 02b/BTP/KSTT/KTTH, 03c/BTP/KSTT/KTTH, 04b/BTP/KSTT/KTTH, 05b/BTP/KSTT/KTTH (if applicable) attached as Appendix III of this Circular;

đ) Agencies and units organized and managed under vertical systems at the central level of the following agencies: Vietnam Social Security, State Bank for Social Policies, Vietnam Development Bank shall be responsible for reporting according to the contents of forms number 01c/BTP/KSTT/KTTH, 04a/BTP/KSTT/KTTH, 05a/BTP/KSTT/KTTH (if applicable), 06a/BTP/KSTT/KTTH, 07d/BTP/KSTT/KTTH attached as Appendix III of this Circular;

Specifically, Administrative Procedure Control Offices under Legal Systems of the following agencies: Vietnam Social Security, State Bank for Social Policies, Vietnam Development Bank shall be responsible for reporting according to the contents of forms number 02a/BTP/KSTT/KTTH, 03b/BTP/KSTT/KTTH, 05a/BTP/KSTT/KTTH attached as Appendix III of this Circular;

e) Specialized agencies under Ministries and equivalent Ministries shall be responsible for reporting according to the contents of forms number 01a/BTP/KSTT/KTTH, 04a/BTP/KSTT/KTTH, 05a/BTP/KSTT/KTTH (if applicable), 06a/BTP/KSTT/KTTH and 07a/BTP/KSTT/KTTH attached as Appendix III of this Circular;

g) The Administrative Procedure Control Department under the Ministry of Justice shall be responsible for reporting according to the contents of forms number 02a/BTP/KSTT/KTTH, 03a/BTP/KSTT/KTTH, 05a/BTP/KSTT/KTTH (if applicable) attached as Appendix III of this Circular.

2. Responsibilities for Compiling Comprehensive Reports

a) Legal Affairs Offices under People's Committees at the district level shall assist People's Committees at the district level in compiling reports from specialized units under People's Committees at the district level and reports from People's Committees at the commune level within their jurisdiction according to the contents of forms number 06a/BTP/KSTT/KTTH, 07b/BTP/KSTT/KTTH attached as Appendix III and compile comprehensive reports on the situation and results of administrative procedure control according to the Report Outline attached as Appendix IV of this Circular;

b) Departments of Justice shall assist People's Committees at the provincial level in compiling reports from specialized agencies under People's Committees at the provincial level, district level, and reports from Administrative Procedure Control Offices under Departments of Justice according to the contents of forms number 01b/BTP/KSTT/KTTH, 02b/BTP/KSTT/KTTH, 03c/BTP/KSTT/KTTH, 04b/BTP/KSTT/KTTH, 05b/BTP/KSTT/KTTH (if applicable), 06b/BTP/KSTT/KTTH, 07d/BTP/KSTT/KTTH attached as Appendix III and compile comprehensive reports on the situation and results of administrative procedure control according to the Report Outline attached as Appendix IV of this Circular;

c) The legal affairs organization under the Ministry or equivalent ministry assists the Ministry or equivalent ministry in compiling reports from agencies and functional units under the Ministry or equivalent ministry; the legal affairs organization under the agency: Vietnam Social Security, Vietnam Policy Bank, Vietnam Development Bank assists the agency in compiling reports from agencies and units organized and managed vertically at the central level, in provinces, centrally governed cities, and counties, districts, towns, provincial-level cities of the agency according to the contents of forms number 01a/BTP/KSTT/KTTH or 01c/BTP/KSTT/KTTH, 02a/BTP/KSTT/KTTH, 03b/BTP/KSTT/KTTH, 04a/BTP/KSTT/KTTH, 05a/BTP/KSTT/KTTH (if applicable), 06b/BTP/KSTT/KTTH, 07e/BTP/KSTT/KTTH in Appendix III and summarizes the situation and results of administrative procedure control according to the report outline in Appendix IV issued together with this Circular;

d) The Administrative Procedure Control Department under the Ministry of Justice assists the Ministry in compiling reports from agencies and functional units under the Ministry of Justice and reports from ministries, equivalent ministries, provincial People's Committees, and agencies: Vietnam Social Security, Vietnam Policy Bank, Vietnam Development Bank according to the contents of forms number 06a/BTP/KSTTHC/KTTH, 06b/BTP/KSTTHC/KTTH, 06c/BTP/KSTTHC/KTTH, 07a/BTP/KSTTHC/KTTH, 07b/BTP/KSTTHC/KTTH, and 08/BTP/KSTTHC/KTTH issued together with Circular No. 20/2013/TT-BTP dated December 3, 2013, guiding certain contents on statistical activities of the Judiciary Sector (hereinafter referred to as Circular No. 20/2013/TT-BTP); simultaneously, it summarizes the situation and results of administrative procedure control according to the report outline in Appendix IV issued together with this Circular.

Article 15. Reporting Periods and Time Limits for Regular Reports

1. The Minister, Head of an equivalent ministry, and Chairman of the Provincial People's Committee shall regularly report every six months and annually to the Prime Minister on the situation and results of administrative procedure control (the annual regular report is compiled from the first half-year report and the second half-year report).

2. The deadline for finalizing data for the six-month regular report and the annual regular report shall be carried out in accordance with points a and b of Clause 1, Article 6 of Circular No. 20/2013/TT-BTP.

3. The time limit for submitting the six-month regular report and the annual report shall be carried out in accordance with points a and d of Clause 2, Article 6 of Circular No. 20/2013/TT-BTP.

The time limit for submitting the consolidated report to the Administrative Procedure Control Department under the Ministry of Justice by the agencies specified in points b and c of Clause 2, Article 14 of this Circular is as follows:

- Six-month consolidated report: submitted no later than June 2 each year;

- Annual consolidated report once: submitted no later than December 2 each year;

- Official annual consolidated report: submitted no later than March 15 of the following year of the reporting year.

4. The estimation of data for the report shall be carried out in accordance with Clause 3, Article 6 of Circular No. 20/2013/TT-BTP.

 Article 16. Form of Report and Method of Submission

1. The report shall be made in paper form or electronic form, specifically as follows:

a) Paper reports must have the signature and stamp of confirmation of the Head of the agency or organization implementing the reporting system; they shall be sent via postal service, fax, or delivered directly;

b) Electronic reports are editable and reusable files (Word, Excel); PDF files are stored as scanned copies of the original.

In cases where the report is sent in electronic form as Word or Excel files, the sending agency must attach the report in PDF file format for comparison and verification to ensure the accuracy of the reported information.

2. In cases where the report is presented in the form of an electronic form generated directly from the electronic information system for receiving and processing complaints and suggestions regarding administrative regulations and the situation and results of administrative procedures at all levels of government (hereinafter referred to as the electronic information system), the entry and submission of report data shall be carried out automatically through the electronic information system.

The automatic entry and submission of report data through the electronic information system shall be carried out according to the timeline determined by the Ministry of Justice.

During the period awaiting the completion of the electronic information system by the Ministry of Justice, determining the timeline, and guiding the method of automatic entry and submission of report data as stipulated in Clause 2 of this Article, the submission of reports on the situation and results of administrative procedure control shall be carried out in accordance with the provisions of Clause 1 of this Article.

Article 17. Responsibilities of agencies, organizations, and individuals implementing reports and receiving reports

1. Responsibilities of agencies, organizations, and individuals implementing reporting systems

a) To compile data, prepare and submit accurate, complete, timely, and within their authority reports, and to be responsible for the contents of the reports as prescribed by relevant laws and this Circular;

b) To correct or supplement necessary information related to the report when requested by the agency or organization receiving the report.

2. Responsibilities of agencies receiving reports

a) To check, compare, process, and consolidate information from submitted reports;

b) To promptly request the reporting agency to adjust or supplement missing or inaccurate information in the statistical report content;

c) To consolidate and submit reports to the competent authority regarding information and data on the implementation of administrative procedure control;

d) To bear other responsibilities as prescribed by law and stipulated in this Circular.

Article 18. Authority to sign and issue reports

1. The Minister, Head of a ministerial-level agency shall sign and issue reports on the situation and results of administrative procedure control implemented by the Ministry or ministerial-level agency.

2. The General Director of the Agency shall sign and issue reports on the situation and results of administrative procedure implementation for resolving tasks within their system of agencies.

3. The Chairman of the People's Committee of a province shall sign and issue reports on the situation and results of administrative procedure control implemented by the People's Committee of the province.

Article 19. Correction and supplementation of reports

1. Correction and supplementation of reports shall be applied in cases where information and data in written reports are incomplete or do not ensure accuracy and reasonableness.

2. Correction and supplementation of reports shall be documented in writing, clearly indicating the date of report preparation, and bearing the signature and seal of the authorized person signing and issuing the report at the place of report preparation.

Article 20. Ad hoc Reports

1. Ad hoc reports are prepared to help requesting agencies update emerging information that periodic reports cannot meet, serving management requirements of the Ministry of Justice or requests of the Government, Prime Minister.

2. The structure, content, method of data collection, reporting deadline, and other related matters shall be carried out according to the guidance provided by the requesting agency as stipulated in Clause 1 of this Article..

Chapter III

IMPLEMENTING PROVISIONS

Article 21. Responsibility for Implementation

1. The Minister, Heads of ministerial-level agencies, Heads of government agencies, General Directors of Agencies, Chairmen of provincial People's Committees, and related agencies are responsible for implementing this Circular.

2. The Administrative Procedure Control Department under the Ministry of Justice shall assist the Minister of Justice in monitoring, urging, and inspecting the implementation of this Circular.

Article 22. Effective Date

1. This Circular takes effect from March 24, 2014.

2. During the implementation process, if there are difficulties or obstacles, agencies are requested to promptly reflect them to the Ministry of Justice for research and resolution./.