Decision No. 45/2016/QĐ-TTg On receiving applications and delivering results of administrative procedures through public postal services

Pursuant to …;

Regarding the acceptance of applications and delivery of results of administrative procedures

through postal services 5 ||| Pursuant to Clause 4, Article 3, and Clause 2, Article 32 of the Law on Postal Services,h

___________________

 

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to Clause 4 Article 3 and Clause 2 Article 32 of the Law on Postal Services through Universal Postal Services."b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."dated June 17, 2010;

At the proposal of the Minister of Justice;

concerning the determination of restricted areas,ớThe Government issues this Decision on the acceptance of applications and delivery of results of administrative procedures through postal services.u8 ||| administrative procedures"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."AND PROVIDE THE RESULTS OF ADMINISTRATIVE PROCEDURE HANDLING

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decision stipulates the acceptance of applications and delivery of results of administrative procedures through postal services at the request of organizations and individuals.

2. This Decision does not regulate the acceptance of applications and delivery of results of administrative procedures for administrative procedures that require organizations and individuals who are not authorized and must be present in person to resolve.

3. In cases where organizations and individuals requesting the implementation of administrative procedures choose a postal service enterprise that is not a provider of public postal services to deliver applications to state agencies, the competent authority of state agencies shall accept and process according to the provisions of the law.

Article 2. Applicability

1. State agencies and persons with authority to resolve administrative procedures (hereinafter referred to as competent authorities).

2. Organizations and individuals requesting the implementation of administrative procedures through public postal services (hereinafter referred to as organizations and individuals).

3. Postal service enterprises providing public postal services as prescribed in Clause 2, Article 32 of the Law on Postal Services.

Article 3. Explanation of Terms

1. Administrative procedure application dossier (hereinafter referred to as dossier) consists of various types of documents that organizations and individuals implementing administrative procedures need to submit or present to the competent authority before such authority resolves a specific matter for individuals or organizations, including important documents and materials of organizations and individuals, personal information documents and dossiers of organizations and individuals, unique copies of documents or valuable documents of organizations and individuals implementing administrative procedures.

2. The result of resolving administrative procedures includes administrative decisions, certificates, licenses, diplomas, certificates, and other forms that according to the law, the competent authority must issue to organizations and individuals after resolving administrative procedures.

Article 4. Requirements for the delivery of dossiers and the delivery of results of administrative procedures

1. Ensuring service quality: Safety, stability, reliability, accuracy, regularity, and timeliness in the provision of services for delivering dossiers and results of administrative procedures.

2. Reducing costs for organizations and individuals in implementing administrative procedures.

3. Facilitating organizations and individuals in the implementation of administrative procedures.

4. Ensuring the role of postal service enterprises providing public postal services in delivering dossiers and delivering results of administrative procedures; cooperation between postal service enterprises providing public postal services and organizations and individuals and competent authorities in resolving administrative procedures.

5. Subject to guidance and inspection of service quality by state agencies; enjoying preferential mechanisms and benefits provided by law for public postal services.

Article 5. Forms of Implementing Administrative Procedures through Public Postal Services

Organizations and individuals may choose one of the following forms when implementing administrative procedures through public postal services:

1. Submitting administrative procedure files for processing.

2. Receiving results of administrative procedure processing.

3. Submitting administrative procedure files and receiving results of administrative procedure processing.

Chapter II

PROCEDURE FOR RECEIVING FILES, PROCESSING AND RETURNING RESULTS OF ADMINISTRATIVE PROCEDURES

AND PROVIDE THE RESULTS OF ADMINISTRATIVE PROCEDURE RESOLUTION

Article 6. Receiving Administrative Procedure Files from Organizations and Individuals

1. The receipt of files from organizations and individuals shall be carried out at postal service points provided by the enterprise supplying public postal services or at the address requested by the organization or individual.

2. The representative of the organization or individual with files to be sent, together with the postal employee, will count and compare the list of documents in the file with the list of documents published publicly on the National Database of Administrative Procedures and the electronic portal of the competent authority, and posted at the location where the administrative procedures are processed.

In cases where the administrative procedure is published on the National Database of Administrative Procedures and the administrative procedure published on the electronic portal of the competent authority are inconsistent, the administrative procedure published on the electronic portal of the competent authority shall be followed.

3. If the list of documents in the file is found to be incomplete compared to the list of documents published publicly as stipulated in Clause 2 of this Article, the postal employee shall have the responsibility to guide the representative of the organization or individual to supplement the missing documents.

4. The postal employee and the representative of the organization or individual shall jointly prepare and sign the File Submission Form according to the model issued by the enterprise supplying public postal services, recording clearly the name, address of the sender; the name, address of the competent authority; the name of the administrative procedure; the list of documents and texts in the file, and other related contents (if any).

5. The postal employee shall directly package and seal the file in the presence of the representative of the organization or individual for dispatch. The acceptance and issuance of mail shall be carried out in accordance with the provisions of Article 11 of the Law on Posts.

6. In cases where the administrative procedure requires payment of fees and charges, the postal employee shall collect the fees and charges in accordance with the regulations and issue a receipt for the fees and charges to the organization or individual.

Article 7. Delivery of Files

1. The competent authority shall arrange personnel to receive files and fees and charges (if any) transferred by the enterprise supplying public postal services.

2. The postal employee and the person receiving the file shall jointly count the files to ensure they match the list of documents recorded on the File Submission Form and correspond to the number of files at the time of handover.

3. Based on the results of handing over the files as stipulated in Clause 2 of this Article, the postal employee and the person receiving the file shall jointly prepare and sign the Handover Receipt including the main contents as follows: Administrative procedure files, file submission numbers, confirmation of the completeness of the files.

4. The time point for determining that the organization or individual has legally submitted the file to the competent authority shall be counted from the date of signing the Handover Receipt as stipulated in Clause 3 of this Article.

If there is a request to supplement or complete the file, the time point when the organization or individual supplements the file fully in accordance with the request shall be considered as the time point of submitting the file legally and properly (unless otherwise prescribed by law).

5. The postal employee shall submit the collected fees and charges to the administrative procedure processing agency in accordance with the regulations and request the competent authority to provide information or appointment slips for returning results.

Article 8. Processing of files and handling of administrative procedures at competent authorities

1. After receiving the file transferred, the person receiving the file shall immediately transfer it to the authorized person of that agency for processing.

2. The handling of administrative procedures shall be carried out strictly in accordance with the prescribed procedures, authority, and deadlines set forth by law.

3. In cases where the file contains original copies or originals that need to be photocopied, compared, and verified for authenticity, the person directly processing the file shall be responsible for making photocopies, reviewing, comparing, and verifying the authenticity of the photocopies against the original copies or originals, and retaining the verified photocopies in the file for the handling of administrative procedures.

Original copies or originals must be kept safe and returned to organizations or individuals when delivering the results of the administrative procedure.

4. Upon completion of the handling of administrative procedures, the competent authority shall publicly announce the results on its electronic information website (if available) and notify (by text message, email, or other means) the postal service staff and organizations or individuals.

Article 9. Delivery of Results of Administrative Procedures

1. The delivery of results of administrative procedures shall be carried out in accordance with the provisions of the law and the specific regulations as follows:

a) In cases where organizations or individuals request the delivery of results through public postal services, postal service staff shall receive the results for delivery according to the organization's or individual's requirements;

b) Files delivered to organizations or individuals through public postal services must be complete in accordance with the provisions that the agency or authorized person must return to organizations or individuals after handling the administrative procedure;

c) In cases where the file contains original copies or originals, postal service staff must receive them, clearly record in the File Sending Form, and carry out the delivery to organizations or individuals;

d) If organizations or individuals authorize postal service staff to sign the original book, the signing of the original book shall be carried out according to the authorization document.

2. Representatives of the competent authority and postal service staff shall jointly count the files, prepare and jointly sign the File Sending Form issued by the postal service provider company to deliver to organizations or individuals, specifying the name and address of the sender as the competent authority handling the administrative procedure; the name and address of the recipient as the organization; the name, address of the recipient as the individual; the list of documents and texts contained in the file as stipulated in points b and c of Clause 1 of this Article. If there are results of the administrative procedure, they must be clearly recorded in the File Sending Form and related contents (if any).

3. Postal service staff shall directly package and seal the file under the witness of the representative of the competent authority to carry out the delivery, except in the case provided for in Clause 4 of this Article. The acceptance and dispatch of mail shall be carried out in accordance with Article 11 of the Postal Law.

4. In cases where the results of the administrative procedure are received and delivered in large quantities to multiple individuals or organizations within a collective or unit, the public postal service provider company may negotiate with the competent authority for postal service staff to receive and deliver the sealed mail packages prepared by the competent authority.

Article 10. Organizations and individuals receiving administrative procedure files and results

1. Administrative procedure files and results processed through public postal services must be promptly transferred to organizations and individuals.

2. In cases where organizations and individuals cannot directly receive files and results from postal service staff, they may authorize another person to receive the files and results of administrative procedures. The authorization shall be carried out in accordance with the provisions of the law.

3. Representatives of organizations and individuals and postal service staff shall jointly sign on the File Sending Form to confirm the handover and receipt of administrative procedure files and results in accordance with Clause 2, Article 7 of this Decision.

Article 11. Methods for paying fees and charges for administrative procedure processing

1. Organizations and individuals responsible for paying fees and charges for administrative procedures as prescribed (if applicable) shall pay according to the following methods:

a) Directly depositing or transferring to the account designated for fees and charges of the competent authority;

b) Direct payment or transfer to the account of the enterprise providing public postal services to transfer to the competent authority.

2. Organizations and individuals may choose other methods for paying fees and charges for administrative procedure processing if approved by the competent authority.

3. Payment receipts, bank transfer receipts for fees and charges for administrative procedure processing or Fee Receipts for administrative procedure processing (if applicable) shall be sent along with the file to the administrative agency or person with authority to process the administrative procedure.

Article 12. Quality and rates of public postal services

1. The acceptance of files and delivery of results of administrative procedures through public postal services shall be carried out in accordance with national technical standards for postal services and the rates set by the Ministry of Information and Communications.

2. The quality of postal services and rates applied to the delivery of files and results of administrative procedures through public postal services must be publicly disclosed at postal service points and on the website of the enterprise providing public postal services.

3. Organizations and individuals are responsible for fully paying the postal service fees for sending files and receiving results of administrative procedures through public postal services to the enterprise providing public postal services.

4. In cases where files and results of administrative procedures need to be delivered multiple times, the additional costs shall be determined based on the fault of the parties causing the costs.

Chapter III

RESPONSIBILITIES OF AGENCIES AND ORGANIZATIONS IN CIVILIAN DEFENSE ACTIVITIES

ORGANIZATIONS AND INDIVIDUALS INVOLVED

Article 13. Responsibilities of the competent authority

1. Posting at the place where administrative procedures are handled and publicly disclosing on the electronic information page of that agency (if available) the list of administrative procedures not to be accepted or delivered through public postal services as stipulated in Clause 2, Article 1 of this Decision.

2. Posting at the place where administrative procedures are handled and publicly disclosing on the electronic information page of that agency (if available) the administrative procedures to be accepted through public postal services.

3. Accepting files and delivering results of administrative procedures through public postal services according to the request of organizations and individuals.

4. Providing guidance and training for enterprises providing public postal services on the receipt and dispatch of files and delivery of results of administrative procedures for organizations and individuals through public postal services.

5. Receiving, processing, and delivering results of administrative procedures within the time limit prescribed by law.

6. Not imposing additional procedures, requirements, conditions, or components of files contrary to the law; not collecting fees or charges beyond the levels prescribed by law.

7. Publicly disclosing the address, phone number, email address, and electronic information page of the agency (if available) so that organizations and individuals can contact before, during, and after sending and receiving files and results of administrative procedures through public postal services.

8. Connecting communication networks with enterprises providing public postal services to coordinate in the receipt and delivery of files and results of administrative procedures.

Article 14. Responsibilities of agencies, organizations, and individuals related to handling files that are lost, missing, or damaged

1. In cases where files are lost, missing, or damaged during the postal service employee's delivery process, the public postal service enterprise shall be responsible for coordinating with the organization or individual whose files, papers are lost, missing, or damaged and the competent authority to mitigate the consequences.

2. In cases where it is necessary to reissue original copies or originals and other documents within the delivered files that are lost, missing, or damaged and cannot be restored, the public postal service enterprise shall be responsible for coordinating with the organization or individual whose documents are lost, missing, or damaged and the competent authority to issue new documents for the organization or individual.

3. In cases where the loss, disappearance, or damage of original copies or originals and other documents within the delivered files that cannot be restored is due to the fault of the enterprise or its employees providing public postal services, the public postal service enterprise must bear responsibility for mitigating all resulting consequences and cover all costs incurred in reissuing the files and documents.

4. In cases as stipulated in Clause 3 of this Article causing losses to organizations or individuals, the public postal service enterprise must compensate for the losses according to the provisions of Articles 24, 25, 26, and 27 of Decree No. 47/2011/NĐ-CP dated June 17, 2011 of the Government detailing the implementation of certain provisions of the Postal Law.

Article 15. Responsibilities of public postal service enterprises

1. To comply with regulations on receiving and delivering results of administrative procedures through public postal services as requested by organizations and individuals.

2. To submit fully and on time the fees and charges collected from organizations and individuals to the competent authority.

3. To coordinate with administrative procedure resolution authorities to train and instruct postal staff on relevant business processes concerning the receipt and delivery of files and results of administrative procedures; collection of fees and charges for administrative procedures (if applicable), and postal rates for file and result delivery through public postal services.

4. To widely promote to organizations and individuals about the receipt of files and delivery of results of administrative procedures through public postal services.

5. To innovate work methods and enhance capacity to meet job requirements.

6. To promptly address issues arising during the implementation of file receipt and result delivery of administrative procedures through public postal services within their scope of responsibility.

Article 16. Responsibilities of postal staff during delivery

1. To perform tasks as prescribed in Clauses 2, 3, 4, 5, and 6 of Article 6; Clauses 2, 3, and 5 of Article 7; Clauses 1, 2, and 3 of Article 9; and Clause 3 of Article 10 of this Decision.

2. In cases where they implement interlinked administrative procedures, postal staff shall be responsible for delivering files between interlinked administrative procedure resolution agencies upon request. Interlinked file delivery rates shall be applied according to rates set by the Ministry of Information and Communications.

3. Responsibilities of postal staff for each type of delivery as prescribed in Article 5 of this Decision:

a) In cases where organizations or individuals choose to send files as prescribed in Clause 1 of Article 5, postal staff shall receive information on deadlines or return result notices from the competent authority to respond or transfer to organizations or individuals.

b) In cases where organizations or individuals choose to receive administrative procedure resolution results as prescribed in Clause 2 of Article 5, postal staff shall receive information on deadlines or return result notices from organizations or individuals to collect administrative procedure resolution results from the competent authority and deliver them to organizations or individuals.

c) In cases where organizations or individuals choose to send files and receive results as prescribed in Clause 3 of Article 5, after submitting the file to the competent authority, postal staff shall be responsible for coordinating with the competent authority to collect the result and carry out the delivery of the administrative procedure resolution result to organizations or individuals.

In cases where administrative procedures require the collection and delivery of results on the same day, postal staff must contact the competent authority to collect and immediately deliver the results to organizations or individuals.

4. To report and make recommendations to the competent authority regarding violations committed by civil servants or officials during the administrative procedure resolution process.

5. Not to engage in the following behaviors:

a) Disclosing information about files, documents, and related confidential information of organizations or individuals or using such information for personal gain;

b) Refusing to perform, delaying the performance of file reception for delivery, or arbitrarily requesting additional files or documents beyond the regulations without justification;

c) Causing harassment, inconvenience, or difficulties for agencies, organizations, or individuals implementing administrative procedures;

d) Shifting responsibilities, lacking cooperation, being slow, or hindering the execution of file delivery and administrative procedure resolution result delivery tasks;

đ) Engaging in other acts violating the law during the execution of file delivery and administrative procedure resolution result delivery services.

Article 17. Responsibilities and authorities of organizations and individuals

1. Shall be responsible for the legality, accuracy, and completeness of documents and papers contained in the administrative procedure dossier and provide full relevant information to implement the acceptance and delivery of administrative procedure results through public postal services.

2. Shall reflect and make recommendations to competent authorities regarding violations committed by postal employees during the process of delivering dossiers and administrative procedure results.

3. Shall pay fully and promptly the service charges that they are responsible for paying to the enterprise providing public postal services.

4. Shall exercise their right to lodge complaints and denunciations in accordance with the laws on complaints and denunciations.

Article 18. Responsibilities of Ministers, Heads of Ministries Equivalent to Ministries, Government Agencies, Chairpersons of Provincial People's Committees under Central Government

1. Shall publish and disclose on the electronic information website of the ministry, ministry equivalent to ministries, government agencies, provincial people's committees under central government the list of administrative procedures not accepting and delivering results through public postal services as stipulated in Clause 2, Article 1 of this Decision.

2. Shall publish and direct the posting at places where administrative procedures are handled and disclose on the electronic information website of the competent authority (if any) those administrative procedures implementing the acceptance and delivery of results through public postal services.

3. Shall implement, monitor, guide, and inspect the implementation of the provisions of this Decision.

4. Shall organize the implementation of administrative procedures accepted and delivered results through public postal services as prescribed in this Decision; review regulations and administrative procedures within their jurisdiction to amend and supplement according to their authority or recommend state agencies with competent authority to amend, supplement, and replace them in accordance with the method of accepting and delivering administrative procedure results through public postal services.

5. Shall direct the disclosure of administrative procedures on the National Database of Administrative Procedures and on the Portal or electronic information website of the ministry, ministry equivalent to ministries, government agencies, provincial people's committees under central government.

6. Shall direct competent agencies to organize publicity, training, and skill development for postal employees of enterprises providing public postal services in receiving dossiers, collecting fees, and delivering administrative procedure results.

7. Based on the provisions of the law, shall promptly handle violations by civil servants, officials, and employees: losing, misplacing, damaging dossiers and administrative procedure results; delaying in delivering administrative procedure results; obstructing organizations and individuals from choosing to accept and deliver administrative procedure results through public postal services; failing to disclose administrative procedures; disclosing administrative procedures incorrectly or incompletely as prescribed by law; or other violations of this Decision.

8. Shall promptly report to the Prime Minister and related state agencies about difficulties and obstacles arising during the implementation of this Decision.

Article 19. Responsibilities of the Ministry of Information and Communications

1. To develop and promulgate regulations on the acceptance of administrative procedure files and issuance of results through public postal services within its authority.

2. To direct, guide, inspect, and supervise enterprises providing public postal services in implementing this Decision.

3. To take the lead and coordinate with relevant ministries and agencies to review and propose to competent authorities the issuance or promulgation within their authority of rates and policies for exemptions and reductions in fees for eligible recipients using public postal services to deliver administrative procedure files and results as prescribed by law.

4. To cooperate with ministries, ministerial-level agencies, provincial People's Committees under central government jurisdiction in implementing this Decision. To compile difficulties encountered during implementation and promptly report to concerning the determination of restricted areas,ớthe Government for consideration and resolution.

5. To assess demand and supply capacity for public postal services as stipulated in this Decision, and propose solutions to the Prime Minister to enhance the effectiveness of public postal service provision.

Chapter IV

EFFECTIVENESS AND RESPONSIBILITY FOR IMPLEMENTATION

Article 20. Transitional Provisions

1. The provision of public postal services for the acceptance of administrative procedure files and issuance of results for organizations and individuals, as directed by the Prime Minister and agreed upon between public postal service providers and agencies or organizations that have been authorized and signed agreements prior to the issuance of this Decision, shall continue to be implemented.

2. The provision of postal services for the acceptance of administrative procedure files and issuance of results, which were previously executed according to contracts or agreements signed between competent authorities and public postal service providers before the issuance of this Decision, shall continue to be carried out in accordance with those contracts or agreements.

Article 21. Implementation clause

1. This Decision takes effect from December 16, 2016.

2. The Ministers, Heads of ministerial-level agencies, Heads of governmental agencies, Chairpersons of provincial People's Committees under central government jurisdiction, and Heads of agencies, organizations, and individuals related to this matter are responsible for its implementation./.