Decision No. 181/2003/QĐ-TTg On the issuance of the One-Stop Shop Mechanism Regulation at local administrative agencies

DECISION OF THE PRIME MINISTER

Regarding the issuance of the Rules on Implementing the "One-Stop Shop" Mechanism

at local administrative agencies

PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to Resolution No. 38/CP dated May 4, 1994 of the Government on reforming administrative procedures in handling citizens' and organizations' affairs;

Pursuant to Decision No. 136/2001/QĐ-TTg dated September 17, 2001 of the Government approving the Overall Program on Administrative Reform of the State for the Period 2001-2010;

At the request of the Minister of Home Affairs,

DECISION:

Article 1. The Rules on Implementing the "One-Stop Shop" Mechanism at local administrative agencies are hereby promulgated together with this Decision.

Article 2. This Decision takes effect fifteen days from the date of publication in the Official Gazette.

The Minister of Home Affairs shall be responsible for monitoring and inspecting the implementation of this Decision.

Article 3. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decision./.

REGULATIONS

d.1. Amount of taxable income in Vietnam:Implementing the "One-Stop Shop" mechanism

at local administrative agencies

(Issued together with Decision No. 181/2003/QĐ-TTg

dated September 4, 2003 of the Prime Minister)

PART I

GENERAL PROVISIONS

Article 1. These Rules stipulate the application and implementation of the "One-Stop Shop" mechanism and the process of handling matters under the "One-Stop Shop" mechanism at local administrative agencies.

1. "One-Stop Shop" is a mechanism for resolving organizational and citizen matters within the jurisdiction of administrative agencies from receiving requests and files to returning results through a single point of contact known as the "reception and result delivery unit" at the administrative agency.

2. The implementation of the "One-Stop Shop" mechanism aims to achieve fundamental changes in the relationship and procedures for handling matters between administrative agencies and organizations and citizens, reducing inconvenience for organizations and citizens, combating bureaucratic corruption and arbitrary behavior by officials, and enhancing the effectiveness of state management.

Article 2The "One-Stop Shop" mechanism is applied in local administrative agencies, specifically: Provincial People's Committees (departments, committees, People's Council and Committee offices); District People's Committees; Commune People's Committees.

Article 3. The "One-Stop Shop" mechanism is implemented based on the following principles:

1. Administrative procedures must be simple, clear, and in accordance with the law.

2. Publicize administrative procedures, fees, and timeframes for handling organizational and citizen matters.

3. Receive requests and deliver results at the reception and result delivery unit.

4. Coordination among related units to handle organizational and citizen matters is the responsibility of the administrative agency.

5. Ensure prompt and convenient handling of matters for organizations and citizens.

Article 4. The "One-Stop Shop" mechanism is implemented in the following areas:

1. At provincial level: approval of domestic and foreign investment projects, examination and approval of capital for basic construction, issuance of business registration certificates for enterprises, issuance of construction permits, issuance of ownership certificates for houses and land use rights, land leasing, and social policy resolution.

2. At district level: issuance of business registration certificates for individual traders, issuance of construction permits, issuance of ownership certificates for houses and land use rights, household registration, notarization, and social policy resolution.

3. At commune level: house construction, land, civil status, and certification.

Article 5. In addition to the provisions of Article 4, the Chairman of the People's Committee of provinces and centrally-administered cities shall decide, based on actual conditions, to apply the "One-Stop Shop" mechanism to additional areas of work.

Chapter II

RESPONSIBILITIES FOR IMPLEMENTING THE "ONE-STOP SHOP" MECHANISM

Article 6. The Chairman of the People's Committee of provinces and centrally-administered cities shall be responsible for:

1. Issuing decisions on applying the "One-Stop Shop" mechanism to areas of work at various levels of local government as specified in Articles 4 and 5 of these Rules.

2. Uniformly defining procedures and processes for handling matters under the "One-Stop Shop" mechanism based on compliance with legal regulations, while abolishing unnecessary local regulations that cause inconvenience to organizations and citizens.

3. Specifying timeframes for handling matters, fees, and charges according to legal regulations.

Article 7. Heads of specialized agencies at provincial level, Chairmen of People's Committees at district level, and Chairmen of People's Committees at commune level shall be responsible for:

1. Issuing working rules specifying the file transfer, processing, signing, and return procedures to the reception and result delivery unit; responsibilities of related units in implementing the "One-Stop Shop" mechanism; responsibilities of staff working at the reception and result delivery unit.

2. Publicizing regulations, administrative procedures, fees, and charges, and timeframes for handling matters at the reception and result delivery unit.

3. Assigning competent, capable, and well-mannered staff to work at the reception and result delivery unit. Staff working at the reception and result delivery unit must wear identification cards indicating their name and position. On their desks, there must be a sign indicating the type of matter they handle, such as land, construction, notarization, or business registration...

4. Appropriately arranging office space for the reception and result delivery unit, ensuring adequate working conditions.

5. Providing training on professional skills and communication methods for staff directly working at the reception and result delivery unit.

6. Using appropriate forms of notification and publicity to inform organizations and citizens about the operation of the "One-Stop Shop" mechanism in their locality.

Article 8. The reception and result delivery unit at provincial departments and committees shall be located in the General Administration Office and managed by the General Administration Office.

The reception and result delivery unit at district level shall be located in the People's Council and People's Committee Office and managed by the People's Council and People's Committee Office.

The reception and result delivery unit at commune level shall be located in the People's Council and People's Committee Office and managed by the People's Council and People's Committee Office.

Article 9. Ministries, ministerial-level agencies, and government agencies shall be responsible for submitting to the Government regulations on decentralization of tasks within their sectors and fields to People's Committees at all levels; clearly defining administrative procedures for handling organizational and citizen matters.

Article 10. Implementation costs for the "One-Stop Shop" mechanism shall be budgeted by relevant agencies and funded from the state budget.

Chapter III

PROCEDURE FOR HANDLING MATTERS UNDER THE "ONE-STOP SHOP" MECHANISM 

Article 11. Organizations and citizens who have requests for matters directly related to the department responsible for receiving and delivering results shall make such requests.

Article 12. Staff working at the department responsible for receiving and delivering results shall be responsible for reviewing the requests and files of organizations and citizens:

1. Receiving and issuing a receipt for the file, scheduling the date to deliver the result according to regulations. If the file is incomplete according to regulations, they shall provide specific guidance for organizations and citizens to supplement and complete it.

2. In cases where the request of an organization or citizen does not fall within the scope of resolution, they shall guide the organization or citizen to the competent state agency for resolution.

Article 13. The department responsible for receiving and delivering results shall be responsible for transferring the file of organizations and citizens to relevant functional departments for resolution.

Article 14. Relevant departments shall be responsible for resolving the file of organizations and citizens transferred by the department responsible for receiving and delivering results, submitting it for signature by authorized leadership, and returning it to the department responsible for receiving and delivering results according to the prescribed time.

Article 15. The department responsible for receiving and delivering results shall collect the results of the work resolution, return them to organizations and citizens according to the scheduled time, and collect fees and charges for those services that are subject to collection according to the law.

Article 16. In cases where the file resolution is not completed within the scheduled time, the department responsible for receiving and delivering results shall be responsible for informing organizations and citizens of the reasons and rescheduling the delivery time.

Chapter IV

IMPLEMENTING PROVISIONS

Article 17. The Chairperson of the People's Committee of provinces and centrally governed cities shall be responsible for directing and organizing the implementation of the "one-stop" mechanism at the provincial and district levels from January 1, 2004, and at the commune level from January 1, 2005; annually summarizing, evaluating, and reporting to the Ministry of Home Affairs for consolidation and reporting to the Prime Minister.

Article 18. The Minister of Home Affairs shall lead and coordinate with relevant ministries and sectors to monitor and inspect the implementation of this Regulation.

During the implementation process, if there are difficulties or obstacles, the People's Committees of provinces and centrally governed cities shall promptly report to the Ministry of Home Affairs for consideration and resolution./.