Circular No. 05/2016/TT-BCT on providing online public services of the Ministry of Industry and Trade

CIRCULAR

REGULATION stipulating the provision of online public services

of the Ministry of Industry and Trade

Pursuant to Decree No. 95/2012/NĐ-CP dated November 12, 2012, of the Government, detailing the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to Decree No. 43/2011/NĐ-CP dated June 13, 2011 of the Government on the provision of information and public services online on electronic information websites or government portals of state agencies;

Pursuant to Decree No. 26/2007/NĐ-CP dated February 15, 2007 of the Government detailing the implementation of the Law on Electronic Transactions regarding digital signatures and digital signature certification services; Decree No. 106/2011/NĐ-CP dated November 23, 2011 of the Government amending and supplementing certain articles of Decree No. 26/2007/NĐ-CP dated February 15, 2007; Decree No. 170/2013/NĐ-CP dated November 13, 2013 of the Government amending and supplementing certain articles of Decree No. 26/2007/NĐ-CP dated February 15, 2007 and Decree No. 106/2011/NĐ-CP dated November 23, 2011 of the Government;

Implementing Resolution No. 36a/NQ-CP dated October 14, 2015 of the Government on the Digital Government;

At the proposal of the Director of the Legal Department and the Director of the E-commerce and Information Technology Department,

The Minister of Industry and Trade promulgates this Circular stipulating the provision of online public services of the Ministry of Industry and Trade.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the provision of online public services of the Ministry of Industry and Trade, including the construction, implementation, receipt, and handling of complaints and suggestions about online public services related to administrative procedures in the industry and trade sector carried out at the central level.

Article 2. Applicability

1. Units under the Ministry in providing online public services.

2. Organizations and individuals when conducting administrative procedures online of the Ministry of Industry and Trade.

Article 3. Principles for the provision of online public services of the Ministry of Industry and Trade

1. The Ministry of Industry and Trade shall provide online public services at Level 3 for 100% of administrative procedures carried out at the central level.

2. The Ministry of Industry and Trade ensures the upgrade of online public services from Level 3 to Level 4 for some administrative procedures carried out at the central level depending on feasibility and information technology infrastructure.

3. The process of implementing administrative procedures on the online public service system shall be based on specialized regulatory documents that specify such administrative procedures.

4. Organizations and individuals providing online public services must comply with conditions specified in regulatory documents that define relevant administrative procedures.

Article 4. Definitions

In this Circular, the following terms are understood as follows:

1. Administrative public services are those services related to law enforcement activities, not aimed at profit, provided by state agencies with authority in the form of legal documents in fields managed by such state agencies.

Each administrative public service is linked to an administrative procedure to complete a specific task related to organizations and individuals.

2. Online public services are administrative public services and other services of state agencies provided to organizations and individuals through the internet.

a) Online public service Level 1: Ensures the provision of full information about administrative procedures and related documents regulating such procedures.

b) Online public service Level 2: Is an online public service Level 1 and allows users to download forms and declarations to complete their files according to requirements. Completed files are sent directly or via postal service to the agency or organization providing the service.

c) Online public service Level 3: Is an online public service Level 2 and allows users to fill out and submit forms electronically to the agency or organization providing the service. Transactions during file processing and service provision are conducted online. Payment of fees and charges (if applicable) and receipt of results are made directly at the agency or organization providing the service.

d) Online public service Level 4: Is an online public service Level 3 and allows users to make payments of fees and charges (if applicable) online. Delivery of results can be done online, delivered directly, or sent via postal service to the user.

Chapter II

CONSTRUCTION OF ONLINE PUBLIC SERVICES

Article 5. Domain for accessing the Ministry of Industry and Trade's online portal providing online public services

The Ministry of Industry and Trade provides online public services for administrative procedures within its jurisdiction on the Ministry of Industry and Trade’s Online Portal at the address http://www.moit.gov.vn.

Article 6. Construction and Provision of Online Public Services

1. The E-commerce and Information Technology Department shall participate in drafting legal normative documents that stipulate industrial and commercial administrative procedures to be implemented at the central level.

2. Upon issuance of a document stipulating industrial and commercial administrative procedures to be implemented at the central level, units under the Ministry shall provide the content of such administrative procedures for online public services, including the name of the procedure, implementation process, file requirements, processing time limit, and the subject implementing the procedure to the E-commerce and Information Technology Department.

3. Within thirty working days from the date of issuance of a document stipulating industrial and commercial administrative procedures to be implemented at the central level, the E-commerce and Information Technology Department shall build the infrastructure for online public services, including electronic processes, detailed descriptions, interfaces, and structures based on the provided content of the administrative procedures for online public services, and send them for comments from relevant units.

4. Within five working days from the date of receipt of the request from the E-commerce and Information Technology Department, units under the Ministry shall confirm the accuracy of the electronic processes and detailed descriptions, interfaces, and structures for online deployment.

5. Within five days from the date of confirmation by units under the Ministry, the E-commerce and Information Technology Department shall coordinate with relevant units to conduct trial runs and agree on the deployment of the online public service infrastructure.

6. Within five working days from the date of agreement on the deployment of the online public service infrastructure, the E-commerce and Information Technology Department shall report to the Ministry's leadership for formal approval of the provision of the online public service.

7. The E-commerce and Information Technology Department shall officially provide the online public service immediately upon the entry into force of the document containing the central-level administrative procedure. In cases where building the online public service infrastructure is complex, no later than fifteen days from the date of entry into force of the document containing the central-level industrial and commercial administrative procedure, the E-commerce and Information Technology Department shall report to the Ministry's leadership for formal approval of the provision of the online public service.

8. Units under the Ministry responsible for implementing administrative procedures related to online public services shall cooperate with the E-commerce and Information Technology Department to ensure the progress of constructing and providing online public services as stipulated from Clause 1 to Clause 7 of this Article.

Article 7. Upgrading Online Public Services

1. Before December 31 each year, the E-commerce and Information Technology Department shall coordinate with relevant units to develop and submit to the Minister of Industry and Trade for promulgation a Plan to upgrade the Ministry of Industry and Trade's online public services from Level 3 to Level 4 (hereinafter referred to as the Plan) to be implemented in the following year.

2. The Plan shall include the following main contents:

a) Name of the administrative procedure proposed for upgrading online public services from Level 3 to Level 4;

b) Name of the legal normative document stipulating the administrative procedure proposed for upgrading online public services;

c) The upgrade timeframe for each online public service;

d) The leading unit implementing the online public service;

d) Other necessary contents.

Chapter III

PROVISION AND IMPLEMENTATION OF ONLINE PUBLIC SERVICES

Article 8. Procedure for Implementing Online Public Services

The online public services of the Ministry of Industry and Trade shall be implemented in accordance with the following procedure:

1. Issuing an account to implement online public services.

2. Filing applications for administrative procedures on the online public service system.

3. Processing applications for administrative procedures.

4. Delivering results.

Article 9. Issuance of Accounts for Implementing Online Public Services

1. Organizations and individuals who wish to implement online public services at the Ministry of Industry and Trade have the right to request issuance of an account for implementing online public services on the Ministry of Industry and Trade’s Electronic Information Portal at the address http://www.moit.gov.vn.

2. Basic information required for organizations and individuals to request issuance of an account includes: business name, tax code, email, scanned copy of investment certificate or business registration certificate or enterprise registration certificate bearing the electronic signature of the organization or individual, and other information proving compliance with conditions for implementing related administrative procedures.

3. Within 01 (one) working day from the date of providing complete information as stipulated in Clause 2 of this Article, the E-commerce and Information Technology Department shall cooperate with relevant units to approve and issue an account for implementing online public services to organizations and individuals.

4. Organizations and individuals requesting issuance of an account for using online public services shall bear full responsibility for the accuracy of the provided information when making such requests.

Article 10. Amendment and Supplement of Account Information

1. Organizations and individuals must amend and supplement account information for accessing the online public service system that has been issued in the following cases:

a) There is a change in any of the account information related to the organization or individual.

b) There is a request to amend and supplement account information from the online public service system during the implementation of administrative procedures related to the issued account.

2. Amendments and supplements shall be made online through the online public service system as prescribed in Clause 2 of Article 9.

3. Within 01 (one) working day from the date of amending and supplementing, the E-commerce and Information Technology Department shall cooperate with relevant units to review and confirm the amended and supplemented information and provide feedback to organizations and individuals via the issued online public service system account. In case of non-confirmation, the reasons must be clearly stated.

Article 11. Suspension, Cancellation, and Reactivation of Issued Accounts

1. Organizations and individuals who have been issued an account to access the online public service system have the right to request suspension or cancellation of the account through the online public service system.

2. In case an organization or individual fails to log in to the online public service system more than 10 (ten) times, the system will automatically suspend their account.

3. If an organization or individual is found to engage in actions affecting the stability of the online public service system during the implementation of online public services, the unit responsible for operating the online public service system has the right to suspend the account of the organization or individual and state the reasons.

4. Organizations and individuals whose accounts have been suspended from accessing the online public service system must follow the requirements specified on the online public service system to reactivate their accounts. Within 01 (one) working day from the date of providing complete information according to the requirements specified on the online public service system, the E-commerce and Information Technology Department shall reactivate the account and notify the organization or individual via the registered email address.

Article 12. Declaration of administrative procedure implementation files on the online public service system

1. After being granted an account to log into the online public service system, organizations and individuals proceed to log in and declare administrative procedure implementation files with their electronic signatures according to the format and templates provided on the online public service system.

2. For level 4 online public services, organizations and individuals must pay fees and charges (if applicable) following the instructions on the online public service system and will be provided with proof of payment of fees and charges in accordance with the law.

3. Organizations and individuals using the online public services of the Ministry of Industry and Trade shall be responsible for presenting original administrative procedure implementation files, providing relevant information and documents when requested by the Ministry of Industry and Trade for inspection.

Article 13. Processing of Administrative Procedure Implementation Files

1. After receiving the declaration of administrative procedure implementation files and within the timeframes specified in the documents governing related administrative procedures, units processing administrative procedure implementation files shall provide feedback to organizations and individuals via the registered email address or through the access account to the online public service system regarding the completeness and validity of the files. In cases where the files are incomplete or invalid, organizations and individuals are responsible for supplementing all required information.

2. Upon receiving complete and valid files, units processing administrative procedure implementation files shall process them within the timeframes specified in the documents governing related administrative procedures and notify the approval or non-approval results of the administrative procedure implementation files of organizations and individuals via the registered email address or through the access account to the online public service system. In cases where the files are not approved, the reasons must be clearly stated.

Article 14. Delivery of Results

1. The Ministry of Industry and Trade is responsible for delivering results to organizations and individuals through online, direct, or postal methods.

2. In cases where organizations and individuals perform online public services under the National Single Window Customs Mechanism, the Ministry of Industry and Trade is responsible for delivering results in accordance with Circular Joint No. 84/2013/TTLT-BTC-BCT-BGTVT dated June 25, 2013 issued by the Ministry of Finance, the Ministry of Industry and Trade, and the Ministry of Transport guiding the implementation of Decision No. 48/2011/QD-TTg dated August 31, 2011 of the Prime Minister on piloting the National Single Window Customs Mechanism.

Article 15. Information Security

1. The Ministry of Industry and Trade is responsible for securing and retaining information of organizations and individuals except when such information must be provided to competent authorities as prescribed by law.

2. Organizations and individuals are responsible for securing their login accounts and passwords and bear all losses arising from the disclosure of their login accounts and passwords in any form.

Article 16. Management of Online Public Service Provision

1. Responsibilities of the Department of E-commerce and Information Technology

a) Managing the online public service system of the Ministry of Industry and Trade.

b) Building, maintaining, and providing online public services of the Ministry of Industry and Trade immediately upon the effectiveness of documents governing administrative procedures.

c) Ensuring the IT infrastructure to ensure readiness, smoothness, and uninterrupted provision of online public services of the Ministry of Industry and Trade.

d) Promptly addressing issues related to the online public services of the Ministry of Industry and Trade upon receipt of reports from units and individuals both inside and outside the Ministry.

đ) Managing and preserving electronic files and data of organizations and individuals implementing online public services in accordance with the law.

e) Coordinating with relevant units to manage the use of online public service accounts of organizations and individuals, including granting accounts, refusing to grant accounts, or requesting additional account information in accordance with the prescribed timeframe.

g) Establishing operational regulations for the online public service system of the Ministry of Industry and Trade.

2. Responsibilities of Units Providing Online Public Services Under the Ministry

a) Processing administrative procedure implementation files of organizations and individuals for online public services managed by their unit, including approving files, rejecting file approvals, or requesting additional file information in accordance with the prescribed timeframe.

b) Coordinating with the Department of E-commerce and Information Technology to manage the use of online public service accounts of organizations and individuals, including granting accounts, refusing to grant accounts, or requesting additional account information in accordance with the prescribed timeframe.

c) Promptly notifying the Department of E-commerce and Information Technology of any incidents or technical malfunctions occurring with online public services used by their unit so that the Department can take corrective measures.

3. Management of Fee and Charge Accounts

a) The Office of the Ministry of Industry and Trade is responsible for managing fee and charge accounts in accordance with the law for online public services provided by units at the Bureau level.

b) Units at the Department and General Department levels are responsible for managing fee and charge accounts in accordance with the law for online public services provided by their own units.

Chapter IV

ACCEPTANCE AND HANDLING OF COMPLAINTS AND PETITIONS

REGARDING ONLINE PUBLIC SERVICES

Article 17. Place for Receiving Reflections and Suggestions

1. The Department of Electronic Commerce and Information Technology shall be the focal point for receiving reflections and suggestions from organizations and individuals related to the implementation of online public services provided by the Ministry of Industry and Trade.

2. Organizations and individuals have the right to submit reflections and suggestions related to the implementation of online public services provided by the Ministry of Industry and Trade through the following methods:

a) Through email;

b) Through the online support system for receiving and processing reflections and suggestions, which will be printed in written form.

3. Address for Receiving Reflections and Suggestions:

Department of Electronic Commerce and Information Technology - Ministry of Industry and Trade, No. 25 Ngo Quyen Street, Hoan Kiem District, Hanoi City.

Email: [email protected]

Website: www.moit.gov.vn

Article 18. Handling of Reflections and Suggestions

For reflections and suggestions regarding the implementation of online public services, within three working days from the date of receipt of the reflections and suggestions, the Department of Electronic Commerce and Information Technology shall cooperate with the Legal Affairs Department and relevant units to provide feedback information to organizations and individuals.

Chapter V

IMPLEMENTATION

Article 19. Reporting System

Every six months, the Department of Electronic Commerce and Information Technology shall be responsible for reporting to the Ministry's leadership on:

a) The situation of implementing online public services of the Ministry of Industry and Trade;

b) The situation of implementing the plan to upgrade online public services of the Ministry of Industry and Trade as stipulated in Article 7 of this Circular.

Article 20. Funding for Providing Online Public Services

1. The Finance Department shall be responsible for allocating funds from the State budget for the annual construction, maintenance, operation, and upgrading of online public services of the Ministry according to current regulations.

2. These funds do not include funding for projects as prescribed by the Government and the Prime Minister.

3. The Department of Electronic Commerce and Information Technology shall be responsible for preparing detailed budgets to send to the Finance Department and using the funds in accordance with financial regulations, ensuring all legal and valid documentation as required by current regulations.

Article 21. Responsibility for Implementation

1. The Ministry's leadership, heads of subordinate units, and related organizations and individuals shall be responsible for implementing this Circular.

2. The Department of Electronic Commerce and Information Technology shall take the lead and coordinate with the Legal Affairs Department to guide, monitor, urge, and inspect the implementation of this Circular, and promptly report to the Ministry's leadership when encountering difficulties during its implementation.

Article 22. Transitional provisions

1. The Department of Electronic Commerce and Information Technology shall take the lead and submit to the Minister for approval a plan to complete the provision of level 3 online public services for 100% of administrative procedures implemented at the central level in 2016.

2. In case of difficulties or obstacles during the implementation of the plan, the Department of Electronic Commerce and Information Technology shall compile and report to the Minister for consideration and decision.

Article 23. Effective Date

This Circular shall take effect from July 20, 2016../.