Circular No. 07/2017/TT-BTNMT on providing online public services under the jurisdiction of the Ministry of Natural Resources and Environment

CIRCULAR

Regulations on providing online public services within the jurisdiction to resolve

of the Ministry of Natural Resources and Environment

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

On the basis of Decision No. 36/2017/NĐ-CP dated April 4, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

Pursuant to the Government Decree No. 63/2010/NĐ-CP dated June 8, 2010 on administrative procedure control; Government Decree No. 48/2013/NĐ-CP dated May 14, 2013 of the Government amending and supplementing certain provisions on business conditions in the field of international trade in goods, chemicals; industrial explosives, fertilizers, gas business,amending and supplementing certain articles of related decrees concerning administrative procedure control;

Pursuant to Decree No. 64/2007/NĐ-CP dated April 10, 2007 of the Government on the application of information technology in state agency activities;

At the proposal of the Director of the Department of Information Technology and Environmental Resource Data and the Head of the Legal Department; the Minister of Natural Resources and Environment issues this Circular regulating the provision of online public services within the jurisdiction of the Ministry of Natural Resources and Environment.

This Circular regulates the provision of online public services at level 3 and 4 within the jurisdiction of the Ministry of Natural Resources and Environment, including account creation; application procedures; receipt, processing of application information and issuance of administrative procedure results through electronic means; construction, management, and operation of the Online Public Service System.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. Units under the Ministry of Natural Resources and Environment; relevant agencies, organizations, and individuals participate in providing online public services.

Article 2. Applicability

2. Organizations and individuals when implementing administrative procedures through the Online Public Service System of the Ministry of Natural Resources and Environment.

1. The Online Public Service System of the Ministry of Natural Resources and Environment (hereinafter referred to as the Online Public Service System) is an electronic transaction system on the internet for receiving, processing, and issuing results of administrative procedures within the jurisdiction of the Ministry of Natural Resources and Environment at the address:

Article 3. Explanation of Terms

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

dvctt.monre.gov.vn. 2. The agency implementing administrative procedures in online public services (hereinafter referred to as the Agency Implementing Administrative Procedures) is units directly under the Ministry of Natural Resources and Environment that implement the receipt, processing, and issuance of results of administrative procedures according to this Circular and specialized laws. 

Article 4. Principles of Providing Online Public Services

1. Compliance with laws on electronic transactions, laws protecting state secrets; specialized laws governing administrative procedures implemented through the Online Public Service System.

2. The process of implementing administrative procedures on the Online Public Service System follows the procedures already stipulated in specialized laws.

3. Ensuring the accuracy, objectivity, completeness, and timeliness of electronic transactions conducted through the Online Public Service System.

Article 5. Online Public Service System

1. The Online Public Service System includes: The Online Public Service Portal for receiving, processing, and issuing results of administrative procedures; databases, information technology systems, and related specialized processing systems.

2. The Online Public Service System is integrated into the Ministry of Natural Resources and Environment's official website.

3. The Online Public Service System operates and provides services 24 hours a day, 7 days a week.

4. The Online Public Service System automatically receives and responds to application information from organizations and individuals and to specialized processing systems.

4. The online public service system implements the automatic receipt and feedback of declaration information to organizations, individuals, and to specialized processing systems.

Article 6. Electronic transactions on the Online Public Service System

1. Submitting, receiving, and responding to information regarding the processing of administrative procedures of organizations and individuals.

2. Receiving, exchanging, and transferring information and administrative procedure files to specialized processing systems.

3. Receiving results from agencies implementing administrative procedures and specialized processing systems to the Online Public Service System.

4. Providing status updates and delivering results of administrative procedures for organizations and individuals through the Online Public Service System.

5. Conducting transactions through value-added services (such as messages, social networks...) based on agreements, facilitating organizations and individuals in using online public services.

Article 7. Online Administrative Files

1. Online administrative files include electronic documents and accompanying materials for each administrative procedure as prescribed by specialized laws, converted from paper documents.

2. An electronic document is information submitted, processing results, and notifications created, sent, received, and stored electronically to implement administrative procedures:

a) Submission information in the form of applications or registrations to perform administrative procedures;

b) Notifications on the Online Public Service System: acceptance (acceptance/rejection/request for modification or supplementation) of submission information;

c) Results from implementing agencies and decisions of competent authorities: permits, licenses, certificates, confirmations, or other processing results for administrative procedures.

3. Electronic Documents and Legal Value

a) Electronic documents must be signed with a valid digital signature issued by a legitimate service provider according to the law on digital signatures;

b) Electronic documents have equivalent legal value to paper documents;

c) Electronic documents must be established and meet the requirements stipulated by specialized laws;

d) Electronic documents must ensure the integrity of information from the time it is created and must be accessible and usable in complete form;

đ) The sending, receiving, storing, and legal value of electronic documents are carried out in accordance with the law on electronic transactions and related laws;

e) The creation and conversion of online administrative files from paper administrative files and vice versa are implemented in accordance with the law on electronic transactions and specialized laws.

4. The result of implementing administrative procedures can be paper documents, electronic documents, or both. Delivering results via electronic documents is applied appropriately based on the capabilities and actual conditions of the implementing agency and participating organizations and individuals.

Chapter II

PROVISION AND USE OF ONLINE PUBLIC SERVICES

Article 8. Establishment and Change of Information for Online Public Service Accounts

1. Organizations and individuals establishing accounts to use the Online Public Service System shall follow the provisions below:

a) Organizations and individuals enter all required information on the Online Public Service System at the address provided; 2. The agency implementing administrative procedures in online public services (hereinafter referred to as the Agency Implementing Administrative Procedures) is units directly under the Ministry of Natural Resources and Environment that implement the receipt, processing, and issuance of results of administrative procedures according to this Circular and specialized laws.

b) The Online Public Service System notifies initial login credentials through the system, email, or phone messages based on the organization's or individual's registration;

c) Organizations and individuals use the assigned account to access the Online Public Service System.

2. In cases where organizations and individuals already have an account, they should use that account to access the Online Public Service System.

3. Changes to information for online public service accounts shall be made in the following situations:

a) There are changes to the registered information of the account;

b) Requirements of the Online Public Service System.

Article 9. Submission of Administrative File Information Online

1. After being granted an account, organizations and individuals accessing the Online Public Service System shall submit administrative file information online or modify and supplement such information online.

2. For Level 4 online public services: organizations and individuals shall make payments for fees and charges (if applicable) through the Online Public Service System and will be provided with proof of payment according to the law.

3. Organizations and individuals using the Online Public Service System shall present original or certified copies of administrative procedures documentation (originals or certified true copies) when required for verification or comparison in accordance with the relevant laws.

Article 10. Modification and Supplement of Administrative File Information Online

1. The modification and supplementation of administrative file information online shall be carried out when there is a change in the file or upon request from the agency implementing the administrative procedure.

2. The forms of modification and supplementation of administrative file information online are as follows:

a) Direct modification and supplementation on the Online Public Service System;

b) Creation of application information according to the criteria and format of the prescribed administrative procedure forms and submission to the agency implementing the administrative procedure.

Article 11. Processing and Reviewing of Administrative Files Online

1. Upon receipt of the administrative file submitted online, the agency implementing the administrative procedure shall provide feedback on the completeness and validity of the file to the organization or individual. In cases where the file is incomplete or invalid, the organization or individual shall be responsible for supplementing it fully in accordance with the relevant laws.

2. After receiving a complete and valid administrative file, the agency implementing the administrative procedure shall process and review the file in accordance with the relevant laws and notify the organization or individual of the status and results of the administrative procedure.

3. The time limit for processing and reviewing administrative files online shall be carried out in accordance with the relevant laws.

Article 12Delivering Results of Online Public Services

1. The agency providing online public services shall be responsible for delivering results to organizations and individuals in the following ways:

a) Through the Online Public Service System;

b) Through the postal service;

c) At the public service agency as prescribed.

2. For online public services implemented under the National Single Window Customs Mechanism, the delivery of results shall be carried out in accordance with the National Single Window Customs Mechanism.

Article 13. Rights and Responsibilities of Organizations and Individuals Receiving Online Public Services

1. Organizations and individuals have the following rights:

a) To receive training, guidance, and necessary information when using online public services;

b) To obtain and manage their accounts through the Online Public Service System;

c) To ensure information security and protect business and trade secrets in accordance with the law;

d) To receive full information about the processing status of online administrative files; electronic invoices (for Level 4 online public services);

e) To reflect and propose issues regarding the implementation of online public services through the Online Public Service System.

2. Organizations and individuals have the following responsibilities:

a) To provide complete and accurate information and bear legal responsibility for the content of the registered and declared information when implementing online administrative procedures;

b) To provide complete information for account creation on the Online Public Service System;

c) To comply with the relevant laws, electronic transactions, state secrets, and the use of digital signatures;

d) Not to distort, damage, lose, steal, destroy, defraud, illegally impersonate, exploit, use, or disseminate administrative procedure information and data;

e) To retain online administrative files in accordance with the laws on electronic transactions and relevant laws; provide related electronic/electronic certificates for inspection and audit purposes (if applicable);

f) Not to obstruct the provision and use of services, impersonate, use unauthorized passwords, seize control; create, install, disseminate harmful software, computer viruses; destroy the technical infrastructure of the Online Public Service System;

g) To pay taxes, fees, charges, and other revenues as prescribed by law.

Chapter III

CONSTRUCTION, MANAGEMENT AND OPERATION OF THE ONLINE PUBLIC SERVICE SYSTEM

ONLINE PUBLIC SERVICES SYSTEM

Article 14. Authority to Access and Process on the Online Public Service System

1. Authority to access and process on the Online Public Service System:

a) Organizations and individuals implementing administrative procedures shall access the Online Public Service System to declare information, receive feedback on the processing of files, and receive results of administrative procedures.

b) Authorized persons, agencies implementing administrative procedures, and related units shall receive, process, exchange, provide information, monitor the status of processing, control the use and exploitation of information, and deliver results of administrative procedures.

c) Units managing and operating the Online Public Service System shall access the system to manage user accounts and manage and operate the Online Public Service System.

2. Staff and civil servants of subordinate units under the Ministry of Natural Resources and Environment shall use official accounts to handle online public service administrative procedures as prescribed.

Article 15. Ensuring Information Security

1. The Online Public Service System must apply security measures to ensure timely and effective provision of information and data for agencies, organizations, and individuals.

2. Organizations and individuals participating in the Online Public Service System are responsible for accessing within their authorized scope and complying with regulations on information security.

Article 16. Information Confidentiality

1. Units managing and operating the Online Public Service System, authorized persons, and agencies implementing administrative procedures have the responsibility to keep confidential and retain information of organizations and individuals except when required to provide this information to competent authorities as stipulated by law.

2. Organizations and individuals are responsible for securing their login accounts and passwords.

Article 17. Handling Incidents

In case the Online Public Service System experiences incidents preventing online service provision:

1. Units managing and operating the Online Public Service System shall notify organizations, individuals, and relevant agencies through appropriate means and on the Online Public Service System, and promptly coordinate with related units to resolve the incident and bring the system back into operation.

2. Agencies implementing administrative procedures shall notify organizations and individuals in writing, via telephone, or email according to registered information and guide them to complete ongoing procedures through other methods as prescribed by specialized laws.

3. During the resolution period, administrative procedures shall be carried out through other methods as prescribed by specialized laws.

Article 18.Responsibilities of Agencies Implementing Administrative Procedures

1. Receive, process, review files, approve or reject approval, and deliver results of administrative procedure handling as prescribed in this Circular and specialized laws.

2. Receive information, proposals, and suggestions from organizations and individuals regarding online public service provision, guide them to use services of the Online Public Service System, and cooperate with related units to ensure compliance with regulations on online public service provision.

3. Coordinate with units managing and operating the Online Public Service System to manage organization and individual access accounts; collect fees, charges, and other revenues of administrative procedures as prescribed.

5. Provide technical connection requirements, information criteria, and format models of online administrative files to units managing and operating the Online Public Service System as prescribed by specialized laws.

4. Notify units managing and operating the Online Public Service System of technical incidents for prompt resolution.

5. Store and preserve online administrative files as prescribed by law.

Article 19. Responsibilities of the unit managing and operating the Online Public Service System

The Information Technology and Environmental Resource Data Agency under the Ministry of Natural Resources and Environment, which is the unit managing and operating the Online Public Service System, shall be responsible for:

1. Managing, operating, maintaining, upgrading technical infrastructure, software, security systems to ensure that the Online Public Service System meets the requirements of administrative procedure implementing agencies, organizations, and individuals.

2. Serving as the point of contact for receiving and handling complaints and suggestions from organizations and individuals regarding the provision of online public services by the Ministry of Natural Resources and Environment. Coordinating with relevant units to implement measures to ensure the provision of online public services in accordance with regulations.

3. Managing and verifying accounts, activating forgotten or lost password accounts, temporarily suspending accounts of organizations and individuals when there are actions harmful to the system.

4. Notifying administrative procedure implementing agencies and organizations and individuals of the time required to resolve system failures when the Online Public Service System encounters issues.

5. Advising, supporting, and guiding administrative procedure implementing agencies and organizations and individuals in using the Online Public Service System.

6. Organizing the evaluation of the quality and use of online public services by state agencies, organizations, and individuals on the Online Public Service System.

7. Taking the lead in drafting and submitting to the competent authority for promulgation the operational regulations of the Online Public Service System. 

Article 20. Construction and Provision of Online Public Services

1. During the process of drafting and announcing central-level administrative procedure decisions, subordinate units of the Ministry shall be responsible for coordinating with the Information Technology and Environmental Resource Data Agency to construct and provide online public services at levels 3 and 4.

2. The Information Technology and Environmental Resource Data Agency shall be responsible for building the infrastructure for providing online public services, including establishing and perfecting electronic administrative procedures and specifying content descriptions, interfaces, and structures to implement online administrative procedures.

Article 21. Upgrading Online Public Services

1. Before November 30 each year, the Information Technology and Environmental Resource Data Agency shall be responsible for coordinating with related units to develop and submit to the Minister of Natural Resources and Environment for issuance a Supplemental and Upgrade Plan for Online Public Services (hereinafter referred to as the Plan) to be implemented in the following year.

2. The Plan shall include the following main contents:

a) The name of the legal normative document containing the administrative procedure proposed for upgrading the online public service. The name of the administrative procedure provided as an online public service;

b) The name of the administrative procedure proposed for upgrading the online public service from level 3 to level 4;

c) The upgrade timeframe for each online public service;

d) The leading unit implementing the online public service;

đ) Implementation costs;

e) Other necessary contents.

3. The Information Technology and Environmental Resource Data Agency and related units shall be responsible for organizing the implementation of the Plan in accordance with its content and approved schedule. 

Chapter IV

IMPLEMENTATION

Article 22. Reporting System

1. The reporting system shall be conducted quarterly and on an ad hoc basis as required by the Ministry's leadership or for management purposes.

2. Administrative procedure service agencies operating online public services shall have the responsibility to report on the provision of online public services according to their assigned tasks to the relevant agency as stipulated in Clause 3 of this Article for consolidation and reporting to the Ministry.

3. The Ministry’s Office shall be responsible for monitoring, urging, and consolidating reports on the results of administrative procedures handled through online public services as prescribed.

4. The Department of Information Technology and Environmental Resource Data shall be responsible for reporting to the Ministry on the management and operation of the Online Public Service System, plans for additional deployment and upgrading of online public services as specified in this Circular.

Article 23. Funding for Online Public Service Operations

1. The Department of Information Technology and Environmental Resource Data shall act as the focal point and coordinate with related units to prepare the budget for constructing, maintaining, operating, and upgrading online public services to be submitted to the Planning and Finance Department for consolidation.

2. The Planning and Finance Department shall be responsible for formulating allocation plans for funding the construction, maintenance, operation, and upgrading of online public services from the State budget annually for approval by the Ministry's leadership.

Article 24. Responsibility for Implementation

1. Heads of units under the Ministry of Natural Resources and Environment and relevant state agencies, organizations, and individuals shall be responsible for implementing this Circular.

2. The Department of Information Technology and Environmental Resource Data shall take the lead and coordinate with the Legal Affairs Department, the Ministry’s Office, and units under the Ministry of Natural Resources and Environment providing online public services to guide, monitor, urge, and inspect the implementation of this Circular.

Article 25. Effective Date

This Circular takes effect from July 12, 2017.

During implementation, if there are difficulties or obstacles, agencies, organizations, and individuals are advised to report to the Ministry of Natural Resources and Environment for appropriate amendments and supplements.