Decree No. 107/2021/NĐ-CP Amending Decree No. 61/2018/NĐ-CP on the implementation of the single window mechanism and the interlinked single window mechanism in administrative procedure handling.

DECREE

AMENDMENTS AND SUPPLEMENTS TO SOME ARTICLES OF DECREE NO.61/2018/ND-CPOF APRIL 23, 2018 ISSUED BY THE GOVERNMENT ON IMPLEMENTATION OF ONE-DOOR AND ONE-DOOR INTERCONNECTED MECHANISMS IN ADMINISTRATIVE PROCEDURE HANDLING

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Pursuant toLaw on Government OrganizationGovernment June 19, 2015;

Pursuant toLaw on Local Administrationlocal administration June 19, 2015;

Pursuant toLaw amending and supplementing certain articles of the Credit Institutions Law dated November 20, 2017 Government Organization Law and Law on Local AdministrationDecision No. 108/2023/NQ-QH15

Pursuant toElectronic Transactions Law is a document or information successfully sent, received, and stored on the System, including:dated November 29, 2005;

Pursuant toLaw on Information Technologyinformation systemdated June 29, 2006;

Pursuant toLaw on Issuance of Legal Normative Documentslegal frameworkLaw amending and supplementing certain articles of the Law on Enacting Legal DocumentsLaw Amending and Supplementing Some Articles of the Law on Issuance of Legal Normative Documents 1. The Legal Affairs Department shall be the focal point, coordinating with relevant units to advise and assist the Minister in monitoring the implementation of legal normative documents within the scope of the Ministry of Industry and Trade's management; drafting and submitting to the Minister for issuance a plan to monitor the implementation of legal normative documents of the Ministry of Industry and Trade within fifteen days from the date the Prime Minister issues the central and inter-sectoral plan, to be sent to the Ministry of Justice for monitoring and consolidation; preparing annual reports on the organization of legal implementation to be submitted to the Minister for consolidation by the Ministry of Justice.Decision No. 154/2020/NĐ-CP

At the proposal of the Minister, Head of the Government Office;

 dated May 21, 2012 on promoting industry."61/2018/NĐ-CPdated April 23, 2018 issued by the Government on implementation of one-door and one-door interconnected mechanisms in administrative procedure handling.

Article 1. Amend and supplement certain articles of Decree No.61/2018/ND-CPdated April 23, 2018 issued by the Government on implementation of one-door and one-door interconnected mechanisms in administrative procedure handling

1. Add Clause 8 of Article 3 as follows:

"8. Implementing administrative procedures not dependent on administrative boundaries means that individuals and organizations can be accepted, provided with results, or accepted, processed, and provided with results of administrative procedures by competent authorities without being restricted to provincial, district, or commune administrative units where they reside, have their headquarters, or where various types of certificates were issued to them."

2. Amend and supplement Points i and k of Clause 1 of Article 5 as follows:

"i) Request for resupplying electronic information, documents, or digitized materials having legal value as prescribed by law, which are connected and shared during the acceptance and processing of administrative procedures, except when used for purposes of verifying or rechecking the authenticity of digitized information, documents, or materials;

k) Other violations of laws in the performance of public duties."

3. Amend Point a of Clause 1 and add Clauses 7 and 8 of Article 7 as follows:

a) Amend Point a of Clause 1 of Article 7 as follows:

"1. At the ministry level,

a) Based on the number of administrative procedures within its jurisdiction, frequency of file acceptance, and the situation regarding office space allocation, the Minister or Head of an equivalent agency shall decide to establish a One-Door Acceptance and Result Delivery Unit at the ministry, equivalent agency's office, general department (or equivalent), bureau, or other unit under the ministry or equivalent agency;"

b) Add Clauses 7 and 8 of Article 7 as follows:

"7. Based on actual conditions and the capacity of postal service enterprises providing public services, ministries, equivalent agencies, or government agencies (in cases where these agencies implement one-door and interconnected one-door mechanisms as stipulated in Clause 5 of Article 2 of this Decree), the People's Committee of the province shall decide on the implementation of mechanisms whereby postal service enterprises providing public services undertake one or several tasks during the process of guiding, accepting, digitizing files, and delivering results of administrative procedures according to the provisions of the Public Procurement Law.

8. Other cases shall be implemented according to the Prime Minister's decision."

4. Amend and supplement Points b of Clause 1 and d of Clause 2 of Article 8 as follows:

a) Amend and supplement Point b of Clause 1 of Article 8 as follows:

"b) Guide the implementation of administrative procedures; accept and digitize administrative procedure files; process or transfer administrative procedure files for processing; deliver results of administrative procedure processing to organizations and individuals; monitor, supervise, and evaluate the processing and delivery of administrative procedure results; collect fees and charges (if applicable) as prescribed;"

b) Amend and supplement Point d of Clause 2 of Article 8 as follows:

"d) Propose competent authorities to upgrade material infrastructure, information infrastructure, and application software of the Public Service Portal and the Electronic One-Door Information System; participate in ensuring information security during the operation and use of these systems;"

5. Add Clause 6 of Article 10 as follows:

"6. Postal service enterprises providing public services shall be responsible for arranging personnel at the One-Door Unit to meet the requirements of performing assigned tasks when undertaking one or several tasks during the process of guiding, accepting, digitizing files, and delivering results of administrative procedures as prescribed by law. During the performance of tasks at the One-Door Unit, employees of postal service enterprises providing public services must comply with and fully perform their responsibilities and the contents of work within the scope assigned according to this Decree."

6. Amend and supplement Point d of Clause 2 of Article 11 as follows:

"d) Accept, digitize, process, or transfer files, monitor the processing of administrative procedures for organizations and individuals as prescribed; update accepted files into management software and assign file numbers for administrative procedures for organizations and individuals;"

7. Amend and supplement Point b of Clause 2 of Article 13 as follows:

"b) At the One-Door Unit: Arrange areas for providing information and administrative procedures; the acceptance and result delivery area is divided into separate counters corresponding to one or several different fields, based on scale and area, guidance counters or counters reserved for the elderly, pregnant women, and persons with disabilities may be organized; provide sufficient seating, writing desks, and internet-connected computers for organizations and individuals to conduct transactions and use online public services; install cameras to monitor the entire working area of the One-Door Unit connected to higher-level state agencies and throughout the system; arrange areas for placing equipment: automatic ticket-taking machines connected to the Electronic One-Door Information System; touch screens for organizations and individuals to search for information, administrative procedures, and results of administrative procedure processing, and satisfaction ratings; equipment for digitizing files and documents; arrange areas for providing services as stipulated in Point g of Clause 1 of Article 8 of this Decree.

Encourage the integration of convenient services to support the needs of organizations and individuals when conducting transactions at the One-Door Unit."

8. Add Clause 6 of Article 14 as follows:

"6. On the basis of the implementation of digitalization, connection, sharing, and interlinking of data in the Single Window Information System and the results of online public service delivery on the National Public Service Portal, the provincial People's Committee Chairman decides to expand the scope of accepting administrative procedures not dependent on territorial boundaries at the Single Window Units under their management."

9. Amend and supplement Clause 1 of Article 18 as follows:

“1. Transfer electronic dossier data received online from organizations, individuals, or paper dossiers that have been digitized to the competent authority for resolution on the Single Window Information System at the central and provincial levels.”

10. Amend and supplement Clause 5 of Article 20 as follows:

“5. The results of administrative procedure resolution for organizations and individuals shall be stored in the Administrative Procedure Resolution Information System at the central and provincial levels to serve the integration, sharing, and information/data retrieval for the implementation of other administrative procedures as prescribed by law.”

11. Add Article 21a as follows:

"Article 21a. Digitization of dossiers and results of administrative procedure resolution in the acceptance and resolution of administrative procedures"

In addition to implementing the regulations on the acceptance and resolution of administrative procedures stipulated in Articles 17, 18, 19, and 20 of this Decree, civil servants shall perform additional tasks related to the digitization of dossiers and the results of administrative procedure resolution as follows:

1. Acceptance of administrative procedure dossiers

a) Verify and authenticate the electronic account of individuals and organizations through the citizen identification number of Vietnamese citizens or the passport number (or international travel document number) of foreigners and the organization code as prescribed. In cases where organizations and individuals do not yet have an electronic account, the dossier acceptance officer at the Single Window Unit shall guide them to establish an account on the National Public Service Portal or the Public Service Portal at the central and provincial levels. In cases of delegated administrative procedure resolution, the electronic account shall be determined based on the identification number of the delegating organization or individual.

b) Conduct verification of the electronic data of the dossier components. If the information, data, and electronic documents of organizations and individuals have been connected and shared between national databases, specialized databases, information systems, and the National Public Service Portal with the Single Window Information System, then organizations and individuals are not required to re-enter information or submit duplicate documents; the Single Window officer shall verify and transfer the electronic dossier to the organization or individual. In cases where inconsistencies are found between the information in the submitted documents and the electronic information in the national databases and specialized databases, the paper dossier shall be accepted; adjustments and modifications to the information shall be carried out according to the relevant laws.

c) For dossier components that are the results of administrative procedure resolution or must be digitized according to the provisions of specialized laws but do not have electronic data, the Single Window officer shall scan and convert them into electronic documents on the information system and database, and shall be responsible for the completeness, integrity, and accuracy of the contents according to the paper version. Sign the digitized document according to the regulations before transferring the dossier to the competent authority for resolution.

For remaining dossier components without electronic data, based on management requirements, the Minister, Head of a Governmental Department, or Government Agency (in cases where these agencies implement the single window mechanism as prescribed in Clause 5 of Article 2 of this Decree) shall decide on the organization of digitization for administrative procedures within their jurisdiction; the Provincial People's Committee Chairman shall decide on the organization of digitization for administrative procedures within the jurisdiction of local authorities in the province.

2. Resolution of administrative procedures

a) Verify the information on the electronic document transferred by the Single Window Unit and update the electronic information and data on the information system and database, affix the digital signature of the agency or organization to the certified copy for dossier components that must be digitized within the agency’s or unit’s jurisdiction.

Electronic data of documents must include at least the following fields: Document type code; identification number of the organization or individual, in cases where individuals do not have a personal identification number, they must provide full name, date of birth, issue date, issuing authority; document name; summary of the main content of the document; validity period; scope of validity (if applicable). Other information and data shall be implemented according to the provisions of specialized laws.

b) In cases where verification, investigation, or obtaining opinions from related agencies during the processing of dossiers is required, the results of verification, investigation, and responses from related agencies must be digitized and stored in the information system and database, except where otherwise provided by law.

c) The results of administrative procedure resolution shall be signed and issued by the competent authority according to the legal regulations on archiving to deliver both paper and electronic versions to organizations and individuals, except in cases where the administrative procedure only provides for the issuance of an electronic result or the organization or individual requests only the electronic result.

Upon successful resolution of an administrative procedure, digitized dossiers and documents with legal value during the acceptance and resolution process can be used in the implementation of other administrative procedures of organizations and individuals.

3. Delivery of the results of administrative procedure resolution

a) The results of electronic administrative procedure processing are assigned a document number and stored in the National Database or specialized database or file storage of the administrative procedure processing system at the ministerial or provincial level. The document number consists of two parts: the unique identifier of the individual or organization and the type code of the document, where the type code for the result of administrative procedure processing is uniformly used according to the type code of the result of administrative procedure processing on the National Database of Administrative Procedures.

b) The results of electronic administrative procedure processing are delivered to organizations and individuals through the National Public Service Portal or the Public Service Portal at the ministerial or provincial level, except in cases where the administrative procedures require the presence of the individual or organization to directly receive the results as stipulated by specialized laws.

c) Paper-based results of administrative procedure processing are delivered in accordance with Article 20 of this Decree, except in cases where the administrative procedures only provide for the delivery of electronic results to organizations and individuals.

4. Storage of electronic administrative procedure files

a) The retention period for electronic administrative procedure files shall be implemented in accordance with the laws on archiving and specialized laws.

b) Administrative procedure files are electronically stored and managed by the competent authority on the administrative procedure processing information system at the ministerial or provincial level.

12. Amend Clause 3 and supplement Clause 4 of Article 22 as follows:

“3. In cases where payment is not made in person, the payment receipt, bank transfer slip for administrative procedure processing fees, or fee receipt (if any) shall be sent along with the file to the competent authority for administrative procedure processing, except in cases where the fees are determined and paid after the initial submission stage of the administrative procedure file by individuals or organizations.

4. In cases where payment is made online, the agency or organization receiving the money must transfer the entire amount collected from fees into the state budget within the time limit prescribed by specialized laws; for the amount collected from charges, it must be transferred entirely into the pending charge account in accordance with the provisions of specialized laws. If there is no specific provision in specialized laws, the funds must be transferred into the state budget within 24 hours from the time of payment, except when payments are made through the National Inter-bank Electronic Payment System, which follows the working hours regulations applicable to this system. For taxes and social insurance, they shall be handled in accordance with tax and social insurance laws.”

13. Supplement Clause 4 of Article 24 as follows:

“4. The Office of the Government shall take the lead and coordinate with relevant ministries and sectors to issue a list of shared data serving the processing of administrative procedures on the National Public Service Portal, which will be connected and shared with the Public Service Portal, the electronic single window information system at the ministerial and provincial levels, and other national information systems and databases, including:

a) List of administrative procedures;

b) List of online public services;

c) List of agencies;

d) List of administrative units;

đ) List of sectors and fields;

e) List of administrative procedure processing results;

g) List of revenues collected into the state budget when implementing administrative procedures;

h) List of commercial banks and service providers for intermediary payment services.

The lists of shared data at points a, b, c, d, đ, and e of Clause 4 of this Article shall be updated in the National Database of Administrative Procedures; at points g and h of Clause 4 of this Article, they shall be synchronized or updated with the National Public Service Portal.”

14. Amend and supplement Clause 1, Point b of Clause 2, and Clause 6 of Article 25 as follows:

a) Amend and supplement Clause 1 of Article 25 as follows:

“1. The National Public Service Portal and the electronic single window information system at the ministerial and provincial levels must be constructed centrally and uniformly to form the administrative procedure processing information system at the ministerial and provincial levels, which will receive, process, monitor, evaluate the quality of implementation of administrative procedures, and provide online public services within their jurisdiction.”

b) Amend and supplement Point b of Clause 2 of Article 25 as follows:

“b) Ensure the capability to integrate with the National Public Service Portal, the National Database of Administrative Procedures, and other national databases to access administrative procedure data, connect, and share data to serve the processing of administrative procedures by ministries, equivalent ministries, government agencies, and provincial People's Committees;”

c) Amend and supplement Clause 6 of Article 25 as follows:

“6. Ministries, equivalent ministries, and government agencies shall connect and share data between national databases and specialized databases under their management with the National Public Service Portal and the electronic single window information system at the ministerial and provincial levels in accordance with the law to verify information for organizations and individuals and to serve the processing of administrative procedures.”

15. Amend Clause 3 of Article 30 as follows:

“3. The offices of ministries, sectors, and provincial People's Committees are responsible for compiling evaluation results from software; integrating evaluation results with the quality assessment system of administrative procedure processing on the National Public Service Portal to serve real-time quality control and service provision; publicly disclosing internal evaluation results on the websites of ministries, sectors, localities, and the National Public Service Portal.”

16. Amend and supplement Point i of Clause 1 of Article 34 as follows:

“i) Take the lead and coordinate with the Ministry of Information and Communications and related ministries, sectors, and agencies to develop and promulgate unified regulations on the file numbers of administrative procedures and the industry codes of administrative procedures on the electronic single window information system at the ministerial and provincial levels; guide the digitization of files and results of administrative procedure processing during the reception and processing stages of administrative procedures.”

17. Amend Clause 3, Clause 5, and supplement Clause 10, Clause 11 of Article 35 as follows:

a) Amend Clause 3 of Article 35 as follows:

“3. Issue regulations on the organization and operation of the Single Window Unit for receiving and delivering results, and on the operation of the information system for administrative procedures established based on the National Public Service Portal and the Electronic One-Stop System to ensure uniform management in accordance with this Decree.

b) Amend Clause 5 of Article 35 as follows:

“5. Direct the development and issuance of internal procedures and electronic procedures for handling each administrative procedure within the scope of implementation of the ministry or sector to ensure uniform application for the process of handling work related to administrative procedures within the quality management system of the agency or organization.”

c) Add Clause 10 and Clause 11 of Article 35 as follows:

“10. Evaluate and decide or submit to the competent authority for decision on organizing the receipt, processing, and delivery of results for administrative procedures not dependent on administrative boundaries where the information and data required for examination and assessment of the file are fully available in the national database, specialized database, or have been connected and shared, except for administrative procedures that require on-site inspection, evaluation, testing, or assessment at the site.

11. Based on the list of common data specified in Clause 4 of Article 24 of this Decree, update or synchronize data within the scope of management to serve the handling of administrative procedures.”

18. Amend and supplement Clause 3 and Clause 4 of Article 36 as follows:

“3. The People's Committee of the province shall issue regulations on the operation of the information system for administrative procedures established based on the National Public Service Portal and the Provincial Electronic One-Stop System to ensure uniform management in accordance with this Decree.

4. The People's Committee of the province shall direct the development and issuance of internal procedures and electronic procedures for handling each provincial, district, and commune-level administrative procedure to ensure uniform application for the process of handling work related to administrative procedures within the quality management system of the agency or organization and implement uniformly throughout the locality.”

Article 2. Supplement and replace some terms and phrases in certain articles of this Decree as follows:61/2018/NĐ-CPdated April 23, 2018 issued by the Government on implementation of one-door and one-door interconnected mechanisms in administrative procedure handling

1. Add the phrase “and separate account” after the phrase “with a seal” in Point a, Clause 2, Article 7; add the phrase “in accordance with the laws on the management and use of civil servants, public officials, and civil servants” after the phrase “appointed to” in Point b, Clause 1, Point b, Clause 5, Article 10, after the phrase “Single Window Unit for Receiving and Delivering Results” in Point b, Clause 2, Article 10, and after the phrase “to work” in Point b, Clause 3, Article 10; add the phrase “and the laws on the management and use of civil servants, public officials, and civil servants” after the phrase “this Decree” in Point a, Clause 2, Article 10; add the phrase “National Public Service Portal or” before the phrase “Ministry-level or provincial Public Service Portal” in Clause 3, Article 16, Clause 2, Article 17, Clause 3, Article 20, and before the phrase “Electronic One-Stop System” in Point c, Clause 1, Article 22, Point c, Clause 1, Article 29 of this Decree.

2. Replace the phrase “national online payment system of the National Public Service Portal” with the phrase “National Central Payment Gateway” in Point d, Clause 2, Article 25 of this Decree.

This Circular takes effect from December 25, 2025/.

1. The Office of the Government shall guide, monitor, urge, and inspect the implementation of this Decree; report periodically annually or urgently to the Government and the Prime Minister.

2. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairmen of provincial People's Committees, and relevant agencies, organizations, and individuals shall be responsible for implementing this Decree.

Article 4. Implementation provisions

1. This Decree takes effect from the date of issuance.

2. Clause 11 of Article 1 of this Decree shall take effect from June 1, 2022, for administrative procedures within the scope of reception of the Ministry-level and provincial Single Window Units; from December 1, 2022, for administrative procedures within the scope of reception of the district-level Single Window Units; and from June 1, 2023, for administrative procedures within the scope of reception of the commune-level Single Window Units. For communes located in remote areas, extremely difficult areas, border areas, and islands, implementation may be delayed but must be completed before December 31, 2024. Early implementation of this clause’s effective date shall be decided by the Ministers, Heads of ministerial-level agencies, Heads of government agencies, and Chairmen of provincial People's Committees./.