Pursuant to …;
Regarding the amendment and supplementation of certain Articles of Decision No. 144/2006/QĐ-TTg dated June 20, 2006
of the Prime Minister on the application of quality management systems according to the TCVN ISO 9001:2000 standard
in the operations of administrative state agencies
__________________________________
PRIME MINISTER
Pursuant to the Law on Organization of the Government dated December 25, 2001;
Considering the proposal of the Minister of Science and Technology;
DECISION:
Article 1. Amending and supplementing certain Articles of Decision No. 144/2006/QĐ-TTg dated June 20, 2006 of the Prime Minister on the application of quality management systems according to the TCVN ISO 9001:2000 standard in the operations of administrative state agencies, specifically as follows:
1. General amendments:
Replacing the TCVN ISO 9001:2000 standard in Decision No. 144/2006/QĐ-TTg with the TCVN ISO 9001:2008 standard.
In case the TCVN ISO 9001:2008 standard is reviewed, changed, and published by the competent authority, the new version shall be applied.
3. Add
"Article 2. Scope of Application
1. This Decision applies to the following administrative state agencies:
a) Ministries, ministerial-level agencies, and agencies under the Government.
b) People's Committees of provinces and centrally governed cities (hereinafter referred to as Provincial People's Committees), People's Committees of districts, towns, and cities under provinces (hereinafter referred to as District People's Committees).
Article 2. Encouragement for agencies and units to construct and apply the Quality Management System as prescribed in this Decision:
2. Administrative state agencies specified in Clause 1 of this Article must implement the construction and application of quality management systems for all activities related to handling administrative procedures for individuals and organizations.
For administrative state agencies in the defense and security sectors that have activities related to handling administrative procedures for citizens and civilian organizations, they must implement the construction and application of quality management systems for all such activities.
3. Encouraging People's Committees of communes, wards, and towns to construct and apply quality management systems. In cases where People's Committees of communes, wards, and towns construct and apply quality management systems, they must follow the model framework established and published by the Ministry of Science and Technology.
3. Amending Article 4 as follows:
"Article 4. Plan and Progress Schedule
1. Implementation Plan:
a) For administrative state agencies that have constructed and applied quality management systems, continue to apply and maintain the quality management systems already established.
b) For administrative state agencies that have been approved plans and are implementing the construction and application of quality management systems before September 30, 2009, continue to implement them.
c) For the remaining cases
Ministries, ministerial-level agencies, and government agencies shall implement the construction and application of quality management systems for individuals and organizations. The list of administrative procedures that must apply quality management systems is based on the results of the Simplification of Administrative Procedures Project in State Management Fields for the period 2007-2010 issued together with Decision No. 30/QĐ-TTg dated January 10, 2007 of the Prime Minister (hereinafter referred to as Project 30).
Vertical agencies located at local levels under ministries, ministerial-level agencies, and government agencies shall implement the construction and application of quality management systems according to the model framework of quality management systems established and published by ministries, ministerial-level agencies, and government agencies.
Provincial People's Committees, District People's Committees, and their affiliated specialized agencies shall implement the construction and application of quality management systems according to the model framework established and published by the Ministry of Science and Technology.
d) Construction and publication of the model framework of quality management systems:
The model framework of quality management systems includes a system of documents, a list of administrative procedures, and work processing procedures in administrative state agencies.
Based on the results of Project 30, the Ministry of Science and Technology will establish the model framework of quality management systems for each type of administrative agency at the local level, complete and publish it before December 31, 2010.
Based on the results of Project 30, ministries, ministerial-level agencies, and government agencies with vertical agencies located at local levels shall cooperate with the Ministry of Science and Technology to establish the model framework of quality management systems for each type of vertical agency located at the local level, complete and publish it before December 31, 2010.
e) Based on the model framework of quality management systems stipulated in Point d of this Clause, ministries, ministerial-level agencies, government agencies, and Provincial People's Committees shall conduct reviews of implementation status, develop and approve plans for deployment for agencies that have not yet implemented; expand the scope of application for agencies specified in Points a and b of this Clause, ensuring that all subordinate agencies and units construct and apply quality management systems for all activities related to handling administrative procedures for individuals and organizations. Plans must be approved before March 31, 2011 and submitted to the Ministry of Science and Technology for consolidation, monitoring, and coordinated implementation.
2. Progress Schedule:
a) Based on the results of Project 30, ministries, ministerial-level agencies, and government agencies must complete the construction and application of quality management systems for all activities related to handling administrative procedures for individuals and organizations by December 31, 2012.
b) Vertical agencies located at local levels under ministries, ministerial-level agencies, and government agencies must complete the construction and application of quality management systems according to the model framework established and published by ministries, ministerial-level agencies, and government agencies by December 31, 2012.
c) Provincial People's Committees, District People's Committees, and their affiliated specialized agencies must complete the construction and application of quality management systems according to the model framework established and published by the Ministry of Science and Technology by December 31, 2013.
4. Amend Article 10 as follows:
"Article 10. Tasks of Ministries, Ministerial-Level Agencies, Government Agencies, and Provincial People's Committees
1. Determine that the establishment and application of a quality management system is a mandatory component of administrative reform work and is a criterion for considering and deciding on annual commendation and awards for administrative agencies; be responsible for all activities related to the establishment, application, maintenance of the effectiveness and efficiency of the quality management system at subordinate agencies and units.
2. Take the lead and coordinate with the Ministry of Science and Technology and relevant agencies and units to perform the following tasks:
a) Organize the implementation of the establishment and application of a quality management system as stipulated in this Decision.
b) Conduct inspections and supervision of the activities related to the establishment, application, and maintenance of the quality management system at subordinate agencies and units; advisory and evaluation activities of consulting organizations, certification organizations, consulting experts, and evaluation experts when providing advisory and evaluation services at subordinate agencies and units.
3. Ministries, ministerial-level agencies, and government agencies shall assign a subordinate unit to take the lead in assisting the implementation of this Decision. The leading unit shall perform the following tasks:
a) Develop plans for implementing the establishment and application of a quality management system for subordinate agencies and units, submit them for approval by the Minister, head of a ministerial-level agency, or head of a government agency, and send them to the Ministry of Science and Technology for consolidation, monitoring, and coordination in implementation.
b) Take the lead and coordinate with the Ministry of Science and Technology to develop a framework model of a quality management system for each type of vertical agency located in localities, submit it for announcement by the Minister, head of a ministerial-level agency, or head of a government agency (in cases where ministries, ministerial-level agencies, or government agencies have vertical agencies located in localities).
c) Based on the guidance of the Ministry of Finance, prepare the budget for implementing this Decision, submit it for approval by the Minister, head of a ministerial-level agency, or head of a government agency.
d) Develop plans and organize training sessions to enhance awareness about the quality management system for leaders of ministries, ministerial-level agencies, government agencies, and leaders of subordinate agencies and units.
đ) Monitor, urge, and inspect the progress of establishing and applying the quality management system by subordinate agencies and units according to approved plans.
e) Report to superior agencies and the Ministry of Science and Technology to handle violations by subordinate agencies and units, consulting organizations, certification organizations, consulting experts, and evaluation experts during the implementation process.
4. Provincial People's Committees shall assign a subordinate unit to take the lead in assisting the implementation of this Decision. The leading unit is the Department of Science and Technology, while the Standardization, Measurement, and Quality Control Agency serves as an advisory body and performs the following tasks:
a) Tasks of the Department of Science and Technology:
Based on the actual situation of the establishment and application of a quality management system by agencies and units within their province or city, and based on the framework model announced by the Ministry of Science and Technology, develop plans for implementing the establishment and application of a quality management system for agencies and units within their province or city, submit them for approval by the Chairman of the Provincial People's Committee, and send them to the Ministry of Science and Technology for consolidation, monitoring, and coordination in implementation.
Based on the guidance of the Ministry of Finance, coordinate with provincial finance departments to guide agencies and units in preparing budgets for the establishment and application of a quality management system; consolidate and prepare budgets for related activities to ensure implementation of the plan, submit them for approval by the Chairman of the Provincial People's Committee.
Monitor, urge, and inspect the progress of establishing and applying the quality management system in agencies and units within their province or city according to approved plans.
b) Tasks of the Standardization, Measurement, and Quality Control Agency:
Based on the framework model of the quality management system, disseminate and provide guidance so that people's committees at various levels and specialized agencies under provincial and district people's committees can apply it.
Develop plans and organize training sessions to enhance awareness about the quality management system for leaders of provinces and centrally-administered cities, and leaders of agencies and units within their province or city.
Assist the Provincial People's Committee in implementing the task specified in point b, Clause 2, Article 10 of this Decision.
Report to superior agencies and the Ministry of Science and Technology to handle violations by agencies and units within their province or city, consulting organizations, certification organizations, consulting experts, and evaluation experts during the implementation process.
5. Implement publicity campaigns through mass media regarding activities related to this Decision, enhancing awareness about the application of a quality management system in the operations of agencies and units within the scope of ministries, sectors, and localities.
6. Regularly compile and report on the status of establishing a quality management system by agencies and units within the scope of ministries, sectors, and localities every June and December annually, and at any time when required, send these reports to the Ministry of Science and Technology for consolidation and reporting to the Prime Minister.
5. Amend Article 11 as follows:
"Article 11. Tasks of the Ministry of Finance
Lead and coordinate with the Ministry of Science and Technology to study and amend financial management guidelines for the establishment and application of a quality management system in administrative agencies in accordance with actual conditions and provisions of this Decision."
6. Amend Article 12 as follows:
"Article 12. Tasks of the Ministry of Science and Technology
1. Issue and implement regulations and guiding documents for the implementation of this Decision.
2. Specify the contents of training on administrative management for consulting experts, evaluation experts, and the management of such activities.
3. Provide detailed regulations on the conditions for operation of consulting organizations, consulting experts, certification organizations, and evaluation experts as stipulated in Clause 2, Clause 3 of Article 6 and Clause 3 of Article 7 of Decision No. 144/2006/QĐ-TTg, and specify the issuance of certificates to qualified consulting experts and evaluation experts."
4. Coordinate with ministries, ministerial-level agencies, government-affiliated agencies, provincial People's Committees to develop plans for implementing the construction and application of quality management systems as stipulated in this Decision; consolidate, monitor, urge, and inspect the implementation situation according to the plans at ministries, sectors, and localities.
5. Based on the results of Project 30, conduct surveys on the construction and application of quality management systems for administrative state agencies in five localities to study and build framework models of quality management systems for each type of local administrative agency and specify the contents of work that need consultancy, and the contents of work that administrative state agencies should perform independently.
6. Coordinate with the Ministry of Information and Communications, relevant ministries, sectors, and localities to implement publicity activities on mass media regarding activities related to this Decision, enhancing awareness about applying quality management systems in the operations of administrative state agencies nationwide.
7. Guide the main units, Provincial and Municipal Standard Measurement Quality Control Agencies in training staff and officials and utilizing competent staff and officials to carry out inspection and supervision activities on the advisory and evaluation operations of consulting organizations, certification organizations, consulting experts, evaluation experts; activities in building, applying, and maintaining quality management systems within administrative state agencies.
8. Inspect and supervise the construction, application, and maintenance of quality management systems in administrative state agencies; advisory and evaluation activities of quality management systems, promptly rectify and handle violations within the scope of authority.
9. Report to the Prime Minister on the situation of constructing, applying quality management systems every June and December annually; propose policies and necessary measures to improve the effectiveness of quality management systems in administrative state agencies; organize mid-term review meetings and final summary meetings on the implementation situation.
7. Amend Article 13 as follows:
Article 13. Tasks of Heads of Agencies and Units that are subjects implementing the construction, application, maintenance, and improvement of quality management systems.
1. Determine the construction and application of quality management systems in the operations of agencies and units as a mandatory component of the administrative reform program. Study and apply information technology in the activities of constructing and maintaining quality management systems to meet requirements for administrative procedure reform.
2. Ensure that all activities related to handling administrative procedures for individuals and organizations apply quality management systems; implement applications for internal activities and other activities of agencies and units if deemed necessary.
3. Supervise the process of constructing and applying quality management systems; be responsible for the effectiveness and efficiency of the construction, application, maintenance, and improvement of quality management systems in the operations of agencies and units.
4. Based on the guidance of the Ministry of Finance, budget funds for the activities of constructing and applying quality management systems in agencies and units.
5. Organize training to enhance awareness about quality management systems for cadres and civil servants.
8. Repeal Articles 14 and 15.
Article 2. This Decision takes effect from November 25, 2009.
Article 3. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under the direct jurisdiction of the central government shall be responsible for implementing this Decision./.