Circular No. 25/2014/TT-BTP guides the inspection of the implementation of administrative procedure control activities.

CIRCULAR

Guidelines for inspecting the implementation of administrative procedure control activities

________________________

Based on Decree No. 63/2010/NĐ-CP dated June 8, 2010 of the Government on administrative procedure control;

Pursuant to Decree No. 20/2008/NĐ-CP dated February 14, 2008 of the Government on the receipt and handling of complaints and suggestions from individuals and organizations regarding administrative regulations;

On the basis of Decree No. 48/2013/NĐ-CP dated May 14, 2013 of the Government amending and supplementing certain articles of decrees related to administrative procedure control;

Based on Decree No. 22/2013/NĐ-CP dated March 13, 2013 of the Government stipulating functions, tasks, powers, and organizational structure of      Ministry of Public Security.

the Director at the proposal of the Director of the Administrative Procedure Control Department,

The Minister of Justice issues this Circular guidelines for inspecting the implementation of administrative procedure control activities

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

These guidelines provide guidance on inspecting the implementation of administrative procedure control activities including principles, forms, methods, authority, procedures, contents of inspection; tasks and powers of the Inspection Team; tasks and powers of organizations and individuals subject to inspection and handling of inspection results.

Article 2. Applicability

These guidelines apply to Ministries, ministerial-level agencies, and organizations: Vietnam Social Security, Vietnam Bank for Social Policies, Vietnam Development Bank (hereinafter referred to collectively as Ministries and agencies); People's Committees of provinces and centrally governed cities (hereinafter referred to collectively as provincial-level People's Committees) and related organizations and individuals involved in administrative procedure control activities.

Article 3. Principles of Inspection

1. Inspections must be carried out strictly in accordance with the content, authority, procedures; they must be suitable to practical requirements and meet the management objectives of the State towards administrative procedure control activities.

2. Ensure objectivity, transparency, and compliance with the law.

3. Ensure close coordination among relevant agencies and units involved in inspection work, avoiding duplication and overlap in inspections.

4. Do not cause harassment, inconvenience, difficulties, or obstacles for inspected organizations and individuals.

5. Conduct inspections only when there is an inspection plan or a request from competent authorities as prescribed by law.

Article 4. Forms of inspection

1. Regular inspection is the inspection conducted according to an annual plan approved by the competent authority.

2. Spot inspection is the inspection conducted upon the request of the competent authority.

Article 5. Methods of inspection

The inspection shall be carried out in two methods as follows:

1. Direct inspection is the inspection team working directly with inspected organizations and individuals.

2. Indirect inspection is the inspection team studying reports, documents, and materials provided by inspected organizations and individuals.

Article 6. Tasks and Powers of the Inspection Team

1. Tasks of the Inspection Team:

a) Develop specific inspection programs based on information, files, and documents about administrative procedure control activities of inspected organizations and individuals;

b) Conduct inspections in accordance with the approved plan or the request of the competent authority;

c) Collect and utilize information, files, and documents provided by inspected organizations and individuals for the purpose of inspection;

d) Timely report the inspection results to the competent authority for issuance and announcement of the inspection conclusion to relevant organizations and individuals;

đ) Establish and retain inspection files and documents.

2. Powers of the Inspection Team:

a) Inspect in accordance with the content of the decision establishing the Inspection Team and the approved plan;

b) Require inspected organizations and individuals to promptly, fully, and accurately provide information, files, and documents related to the inspection content; report and explain issues related to the inspection content;

c) Request or recommend the competent authority to direct inspected organizations and individuals to rectify deficiencies and shortcomings in administrative procedure control activities; handle within their authority or request the competent authority to handle cases where civil servants violate regulations during the process of receiving and processing administrative procedures;

d) Depending on specific conditions and inspection content, the Inspection Team may report to the competent authority to invite other agencies, units, and news media to participate in the Inspection Team's activities.

Article 7. Tasks and Powers of Inspected Organizations and Individuals

1. Tasks of inspected organizations and individuals:

a) Closely cooperate with the Inspection Team during the inspection process, submit reports on the implementation of administrative procedure control tasks to the Inspection Team no later than five working days from the date the Inspection Team arrives (in case of spot inspections, inspected organizations and individuals are not required to submit reports in advance);

b) Report truthfully, promptly, fully, and accurately provide information and documents related to the inspection content and bear legal responsibility for the accuracy and truthfulness of the information and documents provided;

c) Accept and implement recommendations, requests, and conclusions of the Inspection Team or the competent authority;

d) Report the situation and results of implementing the conclusions of the Inspection Team or the competent authority as stipulated in Article 26 of these Guidelines.

2. Powers of inspected organizations and individuals:

a) Have the right to clarify matters related to the Inspection Team;

b) Have the right to refuse to provide information and documents unrelated to the inspection content;

c) Have the right to be fully and accurately informed about the contents of the inspection plan and inspection conclusions and have the right to propose corrections, amendments, or supplements to the contents of the inspection conclusions if it can be proven that the inspection conclusions contain errors, inaccuracies, or incompleteness.

Article 8. Funding for Inspection

Funding for inspecting the implementation of administrative procedure control activities is allocated from the annual regular budget funded by the state budget and other legitimate sources as prescribed.

Chapter II

AUTHORITY, PROCEDURES AND CONTENTS OF INSPECTION

Section 1

AUTHORITY FOR INSPECTION

Article 9. Inspection Authority

1. The Minister of Justice shall inspect the implementation of administrative procedure control activities of ministries, sectors, and localities throughout the country.

2. The Minister or Head of the agency shall inspect the implementation of administrative procedure control activities at departments, bureaus, general departments, and subordinate units of the ministry or agency.

3. The People's Committee of the province shall inspect the implementation of administrative procedure control activities at departments, agencies, People's Committees of districts, counties, towns, provincial cities, and People's Committees of communes, wards, and towns within their jurisdiction.

Article 10. Organization of Inspection Work

1. The Administrative Procedure Control Department under the Ministry of Justice shall assist the Minister of Justice in organizing inspections of the implementation of administrative procedure control activities of ministries, sectors, and localities throughout the country, including the following contents:

a) Drafting the inspection plan and content;

b) Drafting the decision to establish the inspection team;

c) Proposing measures for handling after inspection (if necessary);

d) Preparing reports on the situation and results of the inspection;

đ) Other matters as required by the competent authority.

2. Legal Affairs Organizations of ministries and agencies shall assist the Minister or Head of the agency in organizing inspections of the implementation of administrative procedure control activities of departments, bureaus, general departments, and subordinate units of the ministry or agency, including the contents specified in Clause 1 of this Article.

3. The Department of Justice shall be responsible for assisting the People's Committee of the province in organizing inspections of the implementation of administrative procedure control activities of departments, agencies, People's Committees of districts, counties, towns, provincial cities, and People's Committees of communes, wards, and towns within their jurisdiction, including the contents specified in Clause 1 of this Article.

Section 2

INSPECTION PROCEDURE

Article 11. Building and Announcing the Inspection Plan

1. Based on the annual plan for administrative procedure control work, the Administrative Procedure Control Department shall draft the inspection plan to submit to the Minister of Justice for approval before January 15 and send it to ministries, agencies, and provincial People's Committees within five working days from the date of approval; based on the inspection plan of the Ministry of Justice, Legal Affairs Organizations of ministries and agencies, and Departments of Justice shall draft the inspection plan to submit to the competent authorities specified in Clause 2 and 3 of Article 9 for approval before February 15 of the planning year. The inspection plan includes the following main contents:

a) Purpose, requirements, and scope of inspection;

b) Content and method of inspection;

c) Composition of the inspection team;

d) Participants during the inspection process;

đ) Time to conduct the inspection;

e) List of organizations and individuals subject to inspection;

g) Responsibilities of inspected organizations and individuals; responsibilities of the inspecting agency or unit; responsibilities of cooperating agencies or units.

h) Implementation budget.

2. The inspection plans of ministries, agencies, and provincial-level People's Committees must be sent to the Ministry of Justice and inspected organizations and individuals within ten working days from the date of approval for monitoring, coordination, and implementation..

3. In case of changes compared to the approved plan, the Administrative Procedure Control Department, Legal Affairs Organizations of ministries and agencies, and Departments of Justice shall report to the competent authorities specified in Article 9 for review, decision adjustment, and notification to relevant agencies, units, and organizations and individuals.

Article 12. Establishing the Inspection Team

1. Based on the approved plan or upon the request of the competent authority, the administrative procedure control agency or unit shall draft the decision to establish the inspection team and submit it to the competent authority specified in Article 9 for establishing the inspection team. The decision to establish the inspection team includes the following contents:

a) Composition of the inspection team (Team Leader, Deputy Team Leader, Secretary, and members).

b) Tasks and powers of the inspection team;

c) Organizations and individuals subject to inspection;

d) Inspection time;

đ) Budget for conducting inspections.

2. The competent authority specified in Article 9 may delegate the Administrative Procedure Control Department Director, Head of the Legal Affairs Organization of the ministry or agency, and Department of Justice Director to decide on establishing the inspection team.

Article 13. Preparation for Inspection

Before conducting the inspection, the inspection team shall perform the following tasks:

1. Contact with inspected organizations and individuals to collect and compile information, files, and documents related to the administrative procedure control activities of the inspected organization or individual concerning the inspection content.

2. Notify inspected organizations and individuals about the inspection program and time at least ten working days (in case of surprise inspections, three working days) before conducting the inspection.

3. Prepare the budget for the inspection.

Article 14. Conducting the Inspection

1. The inspection team shall conduct inspections and verify information and documents; results of administrative procedure control tasks to serve as the basis for concluding the inspection contents. The inspection team has the responsibility to record minutes and sign off on the inspection minutes immediately after the inspection session ends.

2. Immediately after the inspection session ends, the team secretary drafts the inspection conclusion based on the inspection minutes, submits it to the team leader for review and approval.

3. At the meeting to announce the draft inspection conclusion, inspected organizations and individuals provide comments and explanations regarding the inspection contents mentioned in the draft conclusion.

Article 15. Announcing the Inspection Conclusion

Within fifteen working days from the end of the inspection session, the competent inspection authority shall be responsible for signing and sending the inspection conclusion notice to related organizations and individuals.

The inspection conclusion must clearly state the achievements, existing issues and limitations, causes, and recommendations proposed by the inspection team regarding the administrative procedure control activities of the inspected organization or individual.

Article 16. Surprise inspection procedures

The surprise inspection procedures shall be carried out in accordance with Articles 12, 13, 14, and 15 of this Circular.

Section 3

CONTENT OF INSPECTION

Article 17. Inspection of guidance, management, and implementation of administrative procedure control activities

1. Inspection of the issuance of guiding and directing documents for the implementation of administrative procedure control, including the following contents:

a) Legal basis for issuing such documents;

b) Authority of the agency issuing guiding and directing documents for administrative procedure control;

c) Content of guiding and directing documents for administrative procedure control regarding their consistency and conformity with higher-level legal documents.

2. Inspection of the situation of urging and organizing the implementation of administrative procedure control, including: the issuance and organization of implementation of relevant plans related to administrative procedure control activities; inspection and supervision of the implementation of administrative procedure control; professional training and instruction for staff and civil servants; difficulties and obstacles encountered during the implementation process (if any).

3. Inspection of organizational and personnel work for administrative procedure control, including: organizational structure and personnel of the Administrative Procedure Control Department, key staff members responsible for administrative procedure control tasks, treatment for key staff members responsible for administrative procedure control tasks; difficulties and obstacles encountered during the implementation process (if any).

4. Inspection of the allocation and utilization of funds for administrative procedure control; difficulties and obstacles encountered during the implementation process (if any).

Article 18. Inspection of the implementation of impact assessment of administrative procedures and the adoption and explanation of comments on administrative procedure regulations by the drafting agency adopt and respond to comments on the administrative procedure provisions by the principal drafting agency

1. Inspection of the implementation of impact assessment of administrative procedure regulations in projects and draft normative legal documents containing administrative procedures as stipulated in Article 10 of Government Decree No. 63/2010/ND-CP dated June 8, 2010 on administrative procedure control, which has been amended and supplemented by Government Decree No. 48/2013/ND-CP dated May 14, 2013 (hereinafter referred to as Decree No. 63/2010/ND-CP amended and supplemented) and Chapter II of Circular No. 07/2014/TT-BTP dated February 24, 2014 of the Ministry of Justice guiding the impact assessment of administrative procedures and the review and evaluation of administrative procedures (hereinafter referred to as Circular No. 07/2014/TT-BTP).

2. Inspection of the adoption and explanation of comments on administrative procedure regulations according to Clause 3, Article 9 of Decree No. 63/2010/ND-CP amended and supplemented.

Article 19. Inspection of participation in comments and examination of administrative procedure regulations in project and draft normative legal documents by Legal Institutions and Departments of Justice

1. Inspection of the content of comments on administrative procedure regulations in the comment files for projects and draft normative legal documents containing administrative procedures as stipulated in Article 9 of Decree No. 63/2010/ND-CP amended and supplemented.

2. Inspection of the content of examinations on administrative procedure regulations in the examination files for projects and draft normative legal documents containing administrative procedures as stipulated in Article 11 of Decree No. 63/2010/ND-CP amended and supplemented.

Article 20. Inspection of the Implementation of Publicizing and Disclosing Administrative Procedures

1. Inspection of the Implementation of Publicizing Administrative Procedures

a) Inspection of the implementation of publicizing administrative procedures based on the provisions set forth in Articles 13, 14, and 15 of Decree No. 63/2010/NĐ-CP, which has been amended and supplemented, and Section 1, Chapter I of Circular No. 05/2014/TT-BTP dated February 7, 2014, issued by the Ministry of Justice guiding the publicizing, posting, and reporting on the situation and results of administrative procedure control (hereinafter referred to as Circular No. 05/2014/TT-BTP).

b) Inspection of the completeness, accuracy, timeliness, and issuing authority of decisions to publicize administrative procedures within the scope of management functions of Ministries, agencies, and decisions to publicize administrative procedures within the jurisdiction of local authorities at the provincial and centrally governed city levels.

2. Inspection of the Implementation of Disclosing Administrative Procedures

a) Inspection of the completeness, regularity, clarity, correct address, accessibility, ease of exploitation, and use in posting administrative procedures according to the decision to publicize administrative procedures made by the competent authority at the agency or unit directly receiving and handling administrative procedures for individuals and organizations as stipulated in Articles 16 and 17 of Decree No. 63/2010/NĐ-CP, which has been amended and supplemented, and Section 2, Chapter I of Circular No. 05/2014/TT-BTP;

b) Inspection of the completeness and timeliness of data entry and proposal for publication of administrative procedures that have been announced by the competent authority on the National Database on Administrative Procedures as prescribed in Articles 23 and 24 of Decree No. 63/2010/NĐ-CP, which has been amended and supplemented, and Chapter II of Circular No. 19/2014/TT-BTP dated September 15, 2014, issued by the Ministry of Justice regarding the entry, publication, and exploitation of administrative procedure data on the National Database on Administrative Procedures and the management of the National Database on Administrative Procedures.

Article 21. Inspection of the Handling of Administrative Procedures

1. Inspection of the handling of administrative procedures based on legal normative documents containing administrative procedures, the content of administrative procedures posted at the place where they are received and handled, and information disclosed on the National Database on Administrative Procedures.

2. Inspection of the handling of administrative procedures at agencies and units implementing administrative procedures according to the contents prescribed in Articles 18 and 20 of Decree No. 63/2010/NĐ-CP, which has been amended and supplemented.

Article 22. Inspection of the Review and Evaluation of Administrative Procedures

1. Inspection of the review and evaluation of administrative procedures according to the provisions set forth in Chapter V of Decree No. 63/2010/NĐ-CP, which has been amended and supplemented, and Chapter III of Circular No. 07/2014/TT-BTP.

2. Inspection of the review and evaluation of administrative procedures according to the following contents:

a) Inspection of the establishment and issuance of annual plans for reviewing and evaluating administrative procedures and the organization of implementing such review and evaluation plans for inspected organizations and individuals.

b) Inspection of the progress and results of reviewing and evaluating administrative procedures according to the review and evaluation plans issued by Ministries, agencies, provincial People's Committees, or directed by the Government or Prime Minister.

c) The handling of review and evaluation results; the situation and results of implementing simplified administrative procedure schemes approved or endorsed by the competent authority.

Article 23. Inspection of the acceptance and handling of complaints and suggestions regarding administrative regulations

1. The inspection of the acceptance and handling of complaints and suggestions regarding administrative regulations shall be conducted in accordance with the provisions of Government Decree No. 20/2008/NĐ-CP dated February 14, 2008 on the acceptance and handling of complaints and suggestions from individuals and organizations regarding administrative regulations, which has been amended and supplemented by Government Decree No. 48/2013/NĐ-CP dated May 14, 2013 to amend and supplement certain articles of related decrees concerning administrative procedure control.

2. The inspection of the acceptance and handling of complaints and suggestions regarding administrative regulations shall cover the following contents:

a) The publicizing of the address of the competent authority, postal address or email address, and dedicated telephone number for receiving complaints and suggestions;

b) The process of accepting and handling complaints and suggestions from individuals and organizations regarding administrative regulations.

Article 24. Inspection of communication work on administrative procedure control activities and the implementation of information and reporting systems on the situation and results of administrative procedure control.

1. Inspect the plan and the implementation process of the communication plan on administrative procedure control (including internal communication and through mass media).

2. Inspect and evaluate the completeness, timeliness, and accuracy of the implementation of the information and reporting system on the situation and results of administrative procedure control by the inspected organizations and individuals in accordance with Article 35 of Government Decree No. 63/2010/NĐ-CP and Chapter II of Circular No. 05/2014/TT-BTP.

Chapter III

HANDLING THE INSPECTION RESULTS

Article 25. Measures for handling inspection results

1. Based on the inspection results, the inspection team shall propose measures or recommendations to the competent authorities or persons with authority to require the inspected organizations and individuals to promptly rectify deficiencies and limitations, resolve difficulties, and implement administrative procedure control in accordance with the prescribed regulations.

2. In cases where violations of the law are discovered during the inspection, depending on the level of violation, the inspection team shall have the responsibility to report to the competent authorities or persons with authority to transfer the inspection results to the competent authorities or persons with authority for handling in accordance with the regulations.

Article 26. Reporting on the situation and results of implementing the inspection conclusions

Within the latest twenty (20) working days from the date of receipt of the inspection conclusion, the inspected organizations and individuals must submit a written report to the competent authorities or persons with authority conducting the inspection on the situation and results of implementing measures to rectify deficiencies and limitations and handle violations discovered during the inspection.

Article 27. Monitoring and reporting on the situation and results of implementing administrative procedure control

1. Upon completion of the inspection period, the administrative procedure control agencies and units shall be responsible for monitoring, urging, and reporting to the competent authorities or persons with authority on the implementation of measures to rectify deficiencies and limitations and handle violations in the implementation of administrative procedure control by the inspected organizations and individuals.

2. By the latest December 2 each year, the Ministries, agencies, and provincial People's Committees shall compile the results of inspecting the implementation of administrative procedure control activities and send them to the Ministry of Justice for consolidation and reporting to the Prime Minister.

Chapter IV

IMPLEMENTING PROVISIONS

Article 28. Responsibility for Implementation

1. Legal affairs organizations of Ministries, agencies, and Departments of Justice shall be responsible for assisting the Ministers, Heads of agencies, and provincial People's Committees in implementing this Circular.

2. The Administrative Procedure Control Department under the Ministry of Justice shall be responsible for assisting the Minister of Justice in monitoring, urging, inspecting, and consolidating difficulties and obstacles encountered during the implementation of this Circular.

Article 29. Effectiveness administrative

1. This Circular shall take effect from February 15, 2015.

2. During the implementation process, if there are difficulties or obstacles, they should be promptly reported to the Ministry of Justice (through the Administrative Procedure Control Department) for research and amendment./.