Circular No. 44/2019/TT-BGTVT on the periodic reporting system within the scope of the Ministry of Transport’s administrative management

CIRCULAR

Regulations on periodic reporting within the scope of state management Issued by the Ministry of Transport

Pursuant to Decree No. 12/2017/ND-CP dated February 10, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Decree No. 09/2019/NĐ-CP dated January 24, 2019 of the Government stipulating the reporting system of administrative agencies;

At the proposal of The Director of the Ministry's Office;

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular stipulates the periodic reporting regime within the scope of the State management of the Ministry of Transport.

2. This Circular does not regulate:

a) Specialized reporting regimes within the scope of the State management of the Ministry of Transport;

b) Ad hoc reporting regimes within the scope of the State management of the Ministry of Transport;

c) Statistical reporting regimes as prescribed by laws on statistics;

d) Confidential reporting regimes as prescribed by laws on state secrets;

đ) Reporting regimes within the internal organs of the Ministry of Transport.

Article 2. Applicability

1. Administrative state agencies, civil servants, and public officials related to the issuance and implementation of the periodic reporting regime within the scope of the State management of the Ministry of Transport.

2. Organizations and individuals related to the implementation of the periodic reporting regime within the scope of the State management of the Ministry of Transport shall be determined by competent authorities.

Chapter II

Article 6. Regular Reporting Systems

Article 3. Principles for Issuing Periodic Reporting Systems

1. The periodic reporting regime within the scope of the State management of the Ministry of Transport must be prescribed in normative legal documents.

2. The periodic reporting regime must include at least the components specified in Article 5 of this Circular.

3. Ensure timely, accurate, and complete provision to effectively serve the management, guidance, and operation activities of the Government, Prime Minister, and the Ministry of Transport.

4. Apply information technology in implementing the reporting regime, gradually shifting from paper-based reports to electronic reports. Strengthen discipline and order in implementing the reporting regime and enhance cooperation and sharing of reporting information.

Article 4. Authority to Issue Periodic Reporting Regimes

The authority to issue periodic reporting regimes shall be implemented in accordance with Article 6 of Decree No. 09/2019/NĐ-CP dated January 24, 2019 of the Government stipulating the reporting regime of administrative state agencies.

Article 5. Components, Content, and Requirements of a Periodic Report

1. When issuing requirements for a periodic report in the Circular of the Minister of the Ministry of Transport, the following specific and clear contents must be provided:

a) Name of report;

b) Content of the reporting requirement;

c) Subjects implementing the report;

d) Agency receiving the report;

đ) Method of sending and receiving reports;

e) Deadline for submitting reports;

g) Frequency of report submission;

h) Time for finalizing report data;

i) Outline template of the report;

k) Data tables for the report;

l) Guidance on the process of implementing the report.

2. A periodic reporting regime must meet the following requirements:

a) The name of the report must be clear, concise, and reflect the overall content and scope of the reporting requirement;

b) The content of the reporting requirement must ensure the provision of necessary information to serve the management, guidance, and operational purposes of administrative state agencies and authorized persons; at the same time, the content of the reporting requirement must be clear and easy to understand, facilitating the reporting entity. Depending on specific cases, the content of the reporting requirement may consist only of text, only numerical data, or both text and numerical data.

c) The reporting regime must clearly identify the reporting entities (including administrative state agencies, organizations, and individuals) and specify the name of the receiving agency. The identification of reporting entities must be appropriate to their functions and tasks.

d) The method of sending and receiving reports can be in the form of paper documents or electronic documents. Depending on actual conditions and the requirements of the issuing agency, reports can be sent to the receiving agency through direct delivery, postal service, fax, email system, specialized reporting information software systems, or other methods as prescribed by law.

đ) The time for finalizing report data is determined based on the need for information to serve management and operational activities and the characteristics of the industry or field being managed. The time for finalizing report data must be consistent with the time for finalizing data of other reporting regimes within the same industry or field to facilitate the reporting entity.

e) The deadline for submitting reports is determined based on the reporting entity, the content of the report, and the end date of data collection, but it must ensure that the time is not less than one working day from the end of data collection to the submission deadline or estimated time from receipt of the report to completion and submission. For complex reports involving multiple entities and requiring consolidation across various agencies and levels, the deadline must be clearly defined for each entity and level. The submission deadlines for different types of periodic reports are specified in Article 6 of this Circular.

g) The frequency of report submission must be reasonable and appropriate to the nature, purpose, and management requirements; integrate reporting contents so that only one report is required per period for items under the same industry or field management.

h) Outline template of the report: For the textual part of the report, the reporting regime must provide an outline template to guide its implementation. The outline template specifies the main structural elements such as: Implementation situation; achievements; existing issues and limitations and reasons for these issues; directions and tasks; proposals and recommendations. If the reporting regime applies to multiple types of entities with different reporting requirements, the issuing agency must provide specific guidelines or design suitable templates for each reporting entity.

The outline template of a periodic reporting regime is detailed in Appendix I attached to this Circular.

i) Data reporting form: In cases where the report requires numerical data, the agency issuing the reporting regime must provide guidance on the data reporting form to ensure consistent implementation and facilitate consolidation and analysis work; If the reporting regime applies to multiple types of entities with different numerical data requirements, the agency issuing the reporting regime must provide specific guidance or design data reporting forms suitable for each reporting entity; The data reporting form must have a form code for easy tracking and comparison. The form code includes both letters and numbers. The number part is recorded in sequence as 001, 002, 003...; the letter part is recorded in abbreviated uppercase letters corresponding to the industry, field, type of report, and reporting period.

k) For complex reporting regimes involving multiple implementing entities and requiring consolidation through various intermediate agencies, the agency issuing the reporting regime must provide guidance on the implementation process, specifying the unified data cut-off time for all entities; sample outlines, data reporting forms, and submission deadlines appropriate for each implementing entity.

Article 6. Data Cut-off Time for Reporting

1. Monthly periodic reports: From the 15th day of the previous month to the 14th day of the month within the reporting period.

2. Quarterly periodic reports: From the 15th day of the month preceding the reporting period to the 14th day of the last month of the quarter within the reporting period.

3. Six-monthly periodic reports: The data cut-off time for the first six months of the year is from the 15th day of December of the previous reporting period to the 14th day of June of the reporting period. The data cut-off time for the second six months of the year is from the 15th day of June to the 14th day of December of the reporting period.

4. Annual periodic reports: From the 15th day of December of the previous reporting period to the 14th day of December of the reporting period.

5. For other periodic reports, the data cut-off time for reporting shall be carried out according to the provisions set forth in the legal normative document directly stipulating the content of such periodic reports.

Article 7. Deadline for submitting reports

1. Monthly periodic reports: The deadline for submitting the report is no later than the 20th day of the reporting month.

2. Quarterly periodic reports: The deadline for submitting the report is no later than the 20th day of the last month of the quarter within the reporting period.

3. Six-monthly periodic reports: The deadline for submitting the report is no later than June 20 and December 20 each year.

4. Annual periodic reports: The deadline for submitting the report is no later than December 20 each year.

5. For other periodic reports, the deadline for submitting the report shall be carried out according to the provisions set forth in the legal normative document directly stipulating the content of such periodic reports.

6. Based on information needs for directing and managing operations and the characteristics of the industry or field under management, the submission deadline may differ from those specified in Clauses 1, 2, 3, and 4 of this Article, but must be specifically provided for in the legal normative document directly stipulating the content of such periodic reports.

Article 8. Reporting Method

1. Reports are submitted in writing, signed by authorized persons and stamped by the agency or unit.

2. For online reports via software using electronic signatures for approval, paper reports are not required unless there is a technical failure or force majeure event.

Article 9. Publication of the List of Periodic Reports

1. The list of periodic reports must be published and made public on the Ministry's Electronic Information Portal.

2. Departments under the Ministry, the Inspectorate of the Ministry, the General Department, and Departments under the Ministry shall be responsible for reviewing, proposing, and submitting to the Ministry (through the Ministry’s Office) for approval by the Ministry’s leadership to issue the publication of the list of periodic reports as prescribed in the regulatory legal documents they draft. The submission deadline for the proposal to publish the report list to the Ministry is no later than five working days from the date the reporting system regulation becomes effective. The publication content includes: Report name, reporting entity, receiving agency, frequency of reporting, and the regulation on the reporting system.

The format of the document proposing the publication of the List of Periodic Reports is specified in Appendix II attached to this Circular.

3. The Ministry’s Office shall review, compile, and submit to the Ministry’s leadership for issuance of the Decision to publish. The latest publication deadline is fifteen working days from the date the reporting system regulation becomes effective.

4. The Information Technology Center shall be responsible for posting and maintaining the list of periodic reports on the Ministry's Electronic Information Portal.

Article 10. Application of Information Technology in Implementing Reporting Systems

1. Ministries and units under the Ministry shall be responsible for applying information technology in implementing the reporting system, building an information reporting system to facilitate electronic reporting, creating favorable conditions for information consolidation and sharing, and saving time and costs for reporting entities.

2. The legal validity of electronic reports and the use of digital signatures, as well as the construction of electronic forms, shall be carried out in accordance with current laws on the application of information technology in state administrative activities.

Chapter III

IMPLEMENTATION

Article 11. Responsibilities of Ministries and Units in Implementing the Regulations on the Reporting System

1. Departments under the Ministry, the Inspectorate of the Ministry, the General Department, and Departments under the Ministry shall be responsible for:

a) Reviewing the periodic reporting systems to propose amendments and supplements in accordance with this Circular;

b) Implementing the publication of the periodic reporting system as stipulated in Article 9 of this Circular;

c) Applying information technology in implementing the periodic reporting system, sharing and providing information and data from their own agencies when other agencies have requirements.

2. The Information Technology Center shall be responsible for:

a) Posting and maintaining the list of periodic reports on the Ministry's Electronic Information Portal;

b) Building and maintaining the periodic reporting information system of the Ministry.

3. The Ministry’s Office shall be responsible for:

a) Implementing the publication of the periodic reporting system as stipulated in Article 9 of this Circular;

b) Monitoring and urging ministries and units under the Ministry to comply with regulations related to the periodic reporting system; compiling and reporting to the Ministry’s leadership when required.

Article 12. Effective Date

Domestic stainless steel produced and imported before June 1, 2020 shall continue to circulate in the market until June 1, 2021.

Article 13. Implementation Organization

The Head of the Ministry’s Office, the Head of the Inspectorate of the Ministry, the Heads of Departments, the Director of the General Department of Vietnam Roads, the Directors of Departments under the Ministry, the Heads of agencies, organizations, and individuals concerned are responsible for enforcing this Circular./.