Decree No. 45/2020/ND-CP On Implementing Administrative Procedures in an Electronic Environment

DECREE

On Implementing Administrative Procedures in an Electronic Environment

Pursuant toLaw on Government Organization June 19, 2015;

Pursuant toLaw on Electronic Transactions December 29, 2005;

Pursuant toLaw on Information Technologydated June 29, 2006;

Pursuant toLaw on Cybersecurity November 19, 2015;

Pursuant toCybersecurity Law June 12, 2018;

At the proposal of the Minister, Head of the Government Office;

The Government issues this Decree on implementing administrative procedures in an electronic environment.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 1. This Decree stipulates the implementation of administrative procedures in an electronic environment.

Article 2. This Decree does not regulate the implementation of administrative procedures under the national single window mechanism, the ASEAN single window mechanism, and specialized inspections for exported and imported goods.

Article 2. Applicability

Chapter 1. Administrative Procedure Processing Agencies

a) Ministries, ministerial-level agencies, Vietnam Social Security, general directorates and equivalent organizations, departments, bureaus under ministries and ministerial-level agencies, diplomatic missions, consular posts of Vietnam abroad have the responsibility and authority to process administrative procedures and participate in the administrative procedure processing process;

b) People's Committees at all levels; specialized agencies under provincial and district People's Committees; management boards of industrial zones, export processing zones, economic zones, high-tech parks have the responsibility and authority to process administrative procedures.

The agencies specified in Points a and b of this Clause shall be referred to as competent agencies hereinafter.

Article 3. Civil servants, public officials, and employees of the competent agencies stipulated in Article 1 herein, officers and non-commissioned officers of the military, officers and non-commissioned officers of the police under the Ministry of National Defense and the Ministry of Public Security (hereinafter collectively referred to as civil servants, public officials, and employees).

Article 4. Organizations and individuals requesting the implementation of administrative procedures in an electronic environment and other related organizations and individuals (hereinafter referred to as organizations and individuals).

Article 5. Postal service enterprises providing public postal services; enterprises and individuals hired or authorized to perform administrative procedures according to the provisions of the law.

Article 6. Banks and payment intermediaries participating in providing electronic payment services.

Article 7. Encourage state-owned public institutions, state-owned enterprises, and other agencies and organizations providing public services to apply this Decree in providing online public services to organizations and individuals.

Article 3. Explanation of Terms

In this Decree, the following terms shall be understood as follows:

Article 1. Electronic environment: is an environment in which information is created, provided, exchanged, collected, processed, and stored through the Internet, computer networks, information systems, databases.

Article 2. Implementing administrative procedures in an electronic environment: is the act of agencies, organizations, and individuals conducting all or some steps of administrative procedures and work resolution processes using electronic means through online public services.

Article 3. Electronic files for administrative procedures: are types of documents and materials in electronic form submitted or supplemented by organizations and individuals performing administrative procedures to competent agencies and organizations according to regulations, or documents and materials in electronic form circulated among competent agencies and organizations during the receipt and processing of administrative procedures.

Article 4. Electronic transaction account: is the electronic identity of agencies, public officials, and employees with authority, organizations, and individuals verified electronically to log in to the National Public Service Portal, Public Service Portal, and the electronic one-stop portal system at the ministry and provincial levels when implementing administrative procedures in an electronic environment and other activities as prescribed by law.

Article 5. National Public Service Portal's electronic identity exchange platform: is a component that helps connect and verify the electronic identities of agencies, public officials, and employees with authority, organizations, and individuals, and log in once from the National Public Service Portal to Public Service Portals and the electronic one-stop portal system at the ministry and provincial levels.

Article 6. Electronic forms: are application forms and declaration sheets for administrative procedures presented in electronic form.

Article 7. Electronic copy: is an electronic image from the original paper document or file containing complete and accurate content as recorded in the original ledger or paper document.

Article 8. Issuing electronic copies from the original ledger: is the act of agencies and organizations managing the original ledger issuing electronic copies based on the original ledger. The electronic copy from the original ledger contains complete and accurate content as recorded in the original ledger.

Article 9. Authenticating electronic copies from the original: is the act of competent agencies and organizations basing on the original paper document to authenticate the electronic copy as being consistent with the original.

Article 10. Digitizing administrative procedure resolution results: is the act of state agencies converting administrative procedure resolution results already issued in paper form into electronic documents or digital information to ensure the implementation of administrative procedures in an electronic environment.

Article 11. Data management repository of organizations and individuals: is an electronic space of organizations and individuals at the National Public Service Portal, Public Service Portal at the ministry and provincial levels to support the management and retention of electronic information and data related to their administrative transactions.

Article 4. Principles for Implementing Administrative Procedures in an Electronic Environment

1. The implementation of administrative procedures in an electronic environment shall have the same legal effect as other forms prescribed by law.

2. The organization of receiving and processing administrative procedures in an electronic environment must be carried out legally, reasonably, scientifically; ensuring equality, objectivity, transparency, information security, and close coordination among competent authorities during the process of handling administrative procedures.

3. The implementation of administrative procedures in an electronic environment must prioritize organizations and individuals requesting to implement administrative procedures in an electronic environment, ensuring that the language and methods of implementation are simple, easy to understand, and easy to perform, contributing to effectively achieving the goal of administrative procedure reform.

4. Organizations and individuals shall not be required to re-enter data that the administrative procedure implementing agency already manages or has been made available for sharing by another state agency.

5. Maximize steps in implementing administrative procedures in an electronic environment to save time, costs, and effort for organizations, individuals, and competent authorities.

6. The implementation of administrative procedures in an electronic environment shall not increase fees or charges beyond those prescribed by law.

7. Comply with the provisions of Vietnamese law and international treaties related to the implementation of electronic transactions that the Socialist Republic of Vietnam has signed or acceded to.

Article 5. Rights, Obligations, and Prohibited Actions of Organizations and Individuals Requesting Implementation of Administrative Procedures in an Electronic Environment

1. Rights

a) To be supported during the implementation of administrative procedures in an electronic environment;

b) To access, track, download all electronic files of administrative procedures successfully sent from the National Public Service Portal, Ministry-level Public Service Portal, Provincial-level Public Service Portal, and results of electronic administrative procedures;

c) To securely store and retain electronic files, documents, and results of administrative procedures according to the law;

d) To request the competent authority to confirm in writing the implementation of administrative procedures in an electronic environment to serve related activities within the scope prescribed by law. Such requests and confirmations must comply with the law on access to information;

đ) To request the competent authority to share information and data resulting from the administrative procedures of organizations and individuals with other agencies to serve their related interests;

e) To recognize the results of electronic administrative procedures and the electronic files of administrative procedures signed by authorized agencies, organizations, and individuals according to the law in electronic transactions;

g) To exercise rights as prescribed in the Law on Electronic Transactions, the Law on Information Technology, and guiding documents of these laws, and to fulfill responsibilities as prescribed in Clause 1, Article 6 of Decree No. 61/2018/ND-CP dated April 23, 2018 of the Government on implementing a single window mechanism in administrative procedure resolution;

2. Obligations

a) To provide timely and accurate information for registering electronic transactions with the administrative procedure resolution agency;

b) To manage and use electronic transaction accounts safely and confidentially;

c) To bear responsibility for the accuracy and legality of the information in declaration files when implementing administrative procedures in an electronic environment;

d) To monitor, update, and respond to information related to electronic transactions with the administrative procedure resolution agency and follow guidance and notifications sent to organizations and individuals;

đ) To fully comply with regulations on implementing administrative procedures in an electronic environment; to pay all required fees, charges, and other financial obligations (if any) as prescribed;

e) To bear legal responsibility for violations stipulated in Clause 3 of this Article and other relevant legal provisions;

3. Prohibited Actions

Organizations and individuals implementing administrative procedures in an electronic environment shall not engage in prohibited actions as prescribed in Article 9 of the Law on Electronic Transactions 2005, Article 12 of the Law on Information Technology 2006, Article 7 of the Law on Cybersecurity 2015, Article 8 of the Law on Cybersecurity 2018, Article 5 of the Law on State Secrets Protection 2018, and Clauses 2 and 3 of Article 5 of Decree No. 61/2018/ND-CP dated April 23, 2018 of the Government on implementing a single window mechanism in administrative procedure resolution.

Article 6. Responsibilities and Prohibited Actions of Civil Servants, Government Employees, and Public Officials Receiving and Processing Administrative Procedures Electronically

1. Responsibilities

a) Guide and support organizations and individuals to perform administrative procedures electronically;

b) Check files and send feedback information to organizations and individuals based on the information registered by such organizations and individuals when performing administrative procedures electronically;

c) Use registered electronic transaction accounts to log into the Centralized Electronic One-Stop Information System at the ministry or provincial level to monitor and process electronic files for organizations and individuals in accordance with regulations and ensure effectiveness;

d) Report to the head of the agency handling administrative procedures when discovering improper use of information systems, signs affecting information security and safety, to handle promptly;

đ) Comply with the Cybersecurity Law, the Cybersecurity Protection Law, and related laws concerning the protection of personal information when collecting personal information from organizations and individuals participating in the implementation of administrative procedures electronically;

e) Update knowledge to proficiently use software applications deployed in processing administrative procedures electronically.

2. Prohibited Actions

a) Obstructing organizations and individuals from choosing to implement administrative procedures electronically;

b) Requesting organizations and individuals to submit paper documents and materials for verification and inspection for parts of the file that have been digitally signed and recorded as legally valid during the receipt and processing of administrative procedures;

c) Illegally intervening in the process of implementing administrative procedures electronically, including transmitting, collecting, processing, sending, or reporting the results of file processing, payment transactions; illegally intervening, distorting data in files, payment transactions, and the results of administrative procedure processing; disclosing information, copying data without authority;

d) Fraudulently impersonating, appropriating, or improperly using the electronic identity of organizations, individuals, or authorized agencies;

đ) Other prohibited actions under relevant laws concerning the activities of civil servants, government employees, and public officials in the electronic environment.

Chapter II

PROCEDURE FOR IMPLEMENTING ADMINISTRATIVE PROCEDURES

ON THE ELECTRONIC ENVIRONMENT

Article 7. Account Registration

2. The receipt and processing of administrative procedures electronically shall only be conducted when the file is submitted from a registered account.

Article 8. Logging into Accounts

1. Organizations and individuals access the address of the National Public Service Portal or the Ministry-level Public Service Portal, Provincial-level Public Service Portal, log in to their accounts, and perform electronic user authentication.

2. Level of Assurance When Logging into Accounts

a) The level of assurance of the electronic identity of organizations and individuals used for logging in is based on verifying the accuracy of the electronic identity information provided by organizations and individuals through automatic comparison and cross-referencing with managed system information or connected/shared data; or comparing with evidence directly provided by those organizations and individuals;

b) The level of assurance of user authentication when logging into an account is based on at least one factor of authentication provided by organizations and individuals.

3. Organizations and individuals who successfully log in and authenticate on the National Public Service Portal may directly log into the Ministry-level Public Service Portal, Provincial-level Public Service Portal, or related service provision systems according to the single sign-on mechanism.

4. The level of assurance of user authentication when performing administrative procedures established and provided by agencies and organizations offering online public services is determined. In cases where the level of assurance required for performing administrative procedures is higher than the level required for logging in, organizations and individuals must supplement authentication solutions according to specific guidelines provided by the agency providing the administrative procedure at the National Public Service Portal or the Ministry-level Public Service Portal, Provincial-level Public Service Portal.

Article 9. Preparation and submission of electronic files for administrative procedures

1. Organizations and individuals prepare electronic files, fill out application forms and declarations electronically according to the requirements of the online public service system as follows:

a) Fill out application forms and declarations on provided electronic forms;

b) Upload valid electronic documents or refer to documents from the organization's or individual's electronic data management repository;

c) Sign digital signatures on application forms, declarations, and electronic documents if required. The requirement for signing digital signatures is publicly announced before organizations and individuals submit electronic files. Digitally signed components of the file have legal value equivalent to paper documents signed properly.

2. After completing the preparation of electronic files, application forms, and declarations, organizations and individuals send them to the competent authority for receipt. Information and data recorded will be stored and automatically filled in electronic forms and files when implementing subsequent administrative procedures based on the organization's or individual's needs, with their consent.

Article 10. Request for issuance of legally valid electronic copies

1. For documents and materials that have not been digitized, stored, connected, or shared information with the National Public Service Portal, Public Service Portal, Ministry-level Electronic One-stop Portal, Provincial-level Electronic One-stop Portal, depending on the need, organizations and individuals may request the competent state agency to issue electronic copies in two ways:

a) Request issuance of electronic copies from original registers;

b) Request certification of electronic copies from original documents and materials.

2. In cases where organizations and individuals request issuance of electronic copies from original registers, the agency managing the original registers issues electronic copies with digital signatures of the issuing agency to the requesting party based on the original registers. The authority to issue electronic copies from original registers is carried out in accordance with the provisions of the law on issuing copies from original registers.

Electronic copies issued from original registers can be used instead of originals in transactions, except where otherwise provided by law.

3. In cases where organizations and individuals request certification of electronic copies from originals, the authority, location, documents, and texts serving as the basis for implementation, responsibilities of the certifying requester and certifier, time limit for implementation and extension thereof, fees and other costs, storage regulations are implemented in accordance with the provisions of the law on certification of copies from originals. The procedure for certification of electronic copies from originals is carried out as follows:

a) Organizations and individuals present the original documents and materials as the basis for certification of copies.

If the original documents and materials are issued, notarized, or certified by a foreign competent authority, they must be legalized according to the law before requesting certification of copies; except in cases exempted from legalization under international treaties to which Vietnam is a member or under the principle of reciprocity.

b) The certifier checks the original, takes an electronic photograph of the original, enters the certification statement of the copy from the original, and performs the digital signature of the certifier, the competent authority certifying, and updates it in the certification register.

Electronic copies certified from original paper documents in accordance with this Decree have the value of being used instead of the original used for certification in transactions, except where otherwise provided by law.

4. The competent authority issuing electronic copies sends the digitally signed electronic copies to the organization's or individual's electronic data management repository at the National Public Service Portal. In cases where organizations and individuals do not have an account on the National Public Service Portal, the competent authority sends the digitally signed electronic copies to the organization or individual via the email address provided by the organization or individual.

Article 11. Procedure for receiving and processing administrative procedures on electronic environment

1. The National Public Service Portal or the Ministry-level or Provincial-level Public Service Portal shall receive requests and automatically check them from a technical perspective. If the dossier is complete with all components and meets technical requirements, it will automatically confirm that the organization or individual has successfully sent the request and notify the official time of dossier receipt.

2. Officials log into the Ministry-level or Provincial-level Single Window Electronic Information System to check the electronic dossiers submitted by organizations and individuals. The content of the dossier check includes:

a) Checking the accuracy of information in application forms and declarations through accessing information and data from systems and databases that are ready to connect and share information with the National Public Service Portal, Ministry-level or Provincial-level Public Service Portal, Ministry-level or Provincial-level Single Window Electronic Information System;

b) Checking digital signatures to ensure authenticity, validity, accuracy, and integrity of the components of the dossier uploaded, sourced, and required for electronic certification; the verification of digital signatures is carried out in accordance with the Law on E-Transactions.

3. After checking, if the conditions for receiving the dossier are met, officials will accept the dossier, assign a dossier code for the administrative procedure, and process the dossier according to the procedures stipulated in Chapter III of Decree No. 61/2018/ND-CP dated April 23, 2018 of the Government and relevant laws. In cases where the dossier is incomplete or does not comply with regulations, officials will notify the organization or individual through their account on the National Public Service Portal, Ministry-level or Provincial-level Public Service Portal, and other registered communication channels, providing detailed guidance for one-time supplementation of the dossier as required.

4. Officials must inform the organization or individual about the official receipt of the dossier or the need to amend and supplement the dossier within eight working hours from the time of receipt by the system.

5. Information and components of the dossier mentioned in Clause 2 of this Article, once received and recorded as accurate by the competent authority, may be stored in the organization's or individual's electronic data management repository upon agreement by the organization or individual.

Article 12. Amending and Supplementing Electronic Dossier Information for Administrative Procedures

1. Organizations and individuals amend and supplement components of the dossier on the National Public Service Portal or Ministry-level or Provincial-level Public Service Portal according to the requirements of the competent authority.

2. Forms of amending and supplementing electronic dossiers include:

a) Creating amendment and supplementation information according to criteria and formats as guided and sending it to the National Public Service Portal or Ministry-level or Provincial-level Public Service Portal;

b) Directly declaring amendments and supplements on the National Public Service Portal or Ministry-level or Provincial-level Public Service Portal.

c) Amendments and supplements to information and electronic dossiers are recorded in the history of amendments without changing the administrative procedure dossier code.

Article 13. Online Payment of Financial Obligations in Processing Administrative Procedures

1. Organizations and individuals pay fees, charges, taxes, and other financial obligations (if any) in processing administrative procedures through the online payment function on the National Public Service Portal or Ministry-level or Provincial-level Public Service Portal or by other methods prescribed by law.

2. The implementation of authentication in online payment of financial obligations on the National Public Service Portal is carried out through one of the following methods:

a) Logging in once based on linking accounts between the National Public Service Portal and Ministry-level or Provincial-level Public Service Portals, service providers, and banking systems, intermediary payment service providers;

b) Using a bank account or intermediary payment service provider account when not logging in via the National Public Service Portal account.

3. The time and amount of fee, charge, and other financial obligations (if any) are implemented according to the Law on Fees and Charges and related regulatory legal documents.

4. Proof of state budget payment with the digital signature of the bank or intermediary payment service provider and information confirming successful transfer to the state budget is sent to the payer, the agency or unit handling the administrative procedure, and related agencies or organizations (if any) to proceed with subsequent steps in handling the administrative procedure for the organization or individual.

5. Proof is used for information exchange between agencies and units handling administrative procedures, payers of financial obligations, and banks or intermediary payment service providers according to legal regulations on administrative procedures in the Treasury sector.

6. Service fees for online payments are implemented according to the regulations of banks or intermediary payment service providers, except where otherwise provided by law.

7. Responsibilities of banks or intermediary payment service providers:

a) Providing solutions for online payment services of fees, charges, taxes, and other financial obligations in the processing of administrative procedures for individuals and organizations to agencies and units handling administrative procedures through integration with the online payment function on the National Public Service Portal or Ministry-level or Provincial-level Public Service Portal;

b) Publicizing service fees for online payments for each specific case before individuals and organizations make payments;

c) Publicizing business processes and methods of payment for individuals and organizations on the National Public Service Portal or Ministry-level or Provincial-level Public Service Portal as a basis for parties to coordinate in performing settlement and resolution procedures, complaints, and appeals.

d) Conduct daily reconciliation to ensure that transaction data between banks, organizations providing intermediary payment services, and between banks or organizations providing intermediary payment services and agencies or units handling administrative procedures are consistent; in case of discrepancies, the parties shall investigate the cause and cooperate to resolve them;

đ) Carry out accounting and settlement of financial obligations revenue items fully in accordance with legal regulations when handling administrative procedures;

e) Regularly review and inspect, promptly identify and rectify technical system issues or errors caused by bank staff or organizations providing intermediary payment services; coordinate with relevant agencies and units in identifying causes and solutions to ensure safety and smooth operation during the management and operation of the online payment system on the National Public Service Portal or the Ministry-level or Provincial-level Public Service Portal;

g) Ensure the quality of online payment services and information security during implementation in accordance with legal regulations;

h) Coordinate with agencies handling administrative procedures to address difficulties, review, and handle complaints from organizations and individuals when implementing administrative procedures;

8. Responsibilities of agencies and units handling administrative procedures:

a) Integrate and synchronize information and data related to the fulfillment of financial obligations in the handling of administrative procedures for individuals and organizations with the National Public Service Portal, Ministry-level or Provincial-level Public Service Portal within their jurisdiction;

b) Coordinate with banks or organizations providing intermediary payment services to implement connection, integration, and deployment of online payment services for financial obligations in administrative procedures under their authority; conduct daily reconciliation to ensure consistency and accuracy of data among the parties, in case of discrepancies, the parties shall investigate the cause and cooperate to resolve them;

c) Publicize the points of contact for coordination with commercial banks, organizations providing intermediary payment services, and related agencies and units on the National Public Service Portal, Ministry-level or Provincial-level Public Service Portal as a basis for coordinating business operations such as payment settlement, review, and complaint resolution;

d) Regularly review and inspect, promptly identify and rectify technical system issues or errors caused by staff within the agency or unit; coordinate with related agencies and units in identifying causes and solutions to ensure safety and smooth operation during the management and operation of the online payment system on the National Public Service Portal or the Ministry-level or Provincial-level Public Service Portal;

đ) Ensure the quality of online payment services and information security during implementation in accordance with legal regulations;

9. The State Treasury has the responsibility to connect, integrate, and share data with the National Public Service Portal to support online payment of financial obligations in the handling of administrative procedures;

Article 14. Results of Administrative Procedure Handling

1. The competent authority shall deliver the results of administrative procedure handling to organizations and individuals in accordance with specialized regulatory documents, and simultaneously deliver electronic results of administrative procedure handling to organizations and individuals at the Electronic Data Management Repository of the organization or individual. In cases where organizations or individuals handle administrative procedures through authorization, the storage of electronic results shall be carried out according to the authorization agreement;

2. The electronic results of administrative procedure handling issued by the competent authority have the same legal effect as the results of administrative procedure handling in paper form;

3. The electronic results of administrative procedure handling must ensure:

a) A full reflection of the contents of the results of administrative procedure handling as prescribed;

b) An electronic signature of the competent authority handling the administrative procedure;

c) The integrity of the data, authenticity, non-repudiation, and compliance with the provisions of the Law on Electronic Transactions;

d) Synchronization into the Electronic Data Management Repository of the organization or individual on the National Public Service Portal according to a unified code structure, including:

Administrative Procedure File Result Code-KQ(n)

Where n is the serial number of the result for administrative procedure files with multiple results.

Article 15. Revocation of the effect of the results of electronic administrative procedures

1. In cases where the results of administrative procedures are revoked due to expiration of validity, the competent authority must mark, record the time, implement the revocation of the effect of the results of electronic administrative procedures on databases, information systems, and individual and organizational electronic data repositories, and notify relevant agencies.

2. The results of electronic administrative procedures that have been revoked retain storage for reference purposes by competent state agencies according to the retention period specified by specialized laws.

3. When the results of electronic administrative procedures are revoked, the corresponding paper documents converted from these results (if any) also lose their effectiveness and cease to be usable.

Article 16. Individual and Organizational Electronic Data Repositories

2. The individual and organizational electronic data repository at the National Public Service Portal assists in managing and storing data or links to data:

a) Basic information about enterprises based on provision and updates from the National Enterprise Database; basic information about citizens based on provision and updates from the National Population Database;

b) Results or links to results of administrative procedures within the jurisdiction of ministries, ministerial-level agencies, and localities;

c) Components of administrative procedure files that have been successfully received and processed by competent authorities and agreed upon by organizations and individuals for storage;

d) Electronic copies from original books or electronically certified copies from originals issued by competent authorities;

đ) Information available from Ministry-level and Provincial-level Public Service Portals synchronized with the National Public Service Portal.

3. The individual and organizational electronic data repository at Ministry-level and Provincial-level Public Service Portals assists in storing information or links to information:

a) Basic information about enterprises based on information provision from the Enterprise Database or basic information about citizens based on information provision from the National Population Database when connectivity and sharing with these databases have been established;

b) Components of administrative procedure files that have been successfully received and processed, and results of administrative procedures within the jurisdiction of ministries, ministerial-level agencies, and localities responsible for the system.

4. Information stored in the individual and organizational electronic data repository at the National Public Service Portal, Ministry-level and Provincial-level Public Service Portals is automatically analyzed, supporting organizations and individuals:

a) Automatically filling out information in electronic forms;

b) Supporting, notifying, and suggesting the implementation of related administrative procedures suitable for the needs of organizations and individuals.

5. Management, connection, and sharing of data in the individual and organizational electronic data repository are carried out in accordance with regulations on management, connection, and sharing of digital data by state agencies, personal data protection regulations, and other relevant laws.

Article 17. Storage of electronic administrative procedure files and results

1. Electronic administrative procedure files and results shall be stored in accordance with the provisions of specialized laws, suitable for the electronic storage environment and relevant regulations on storage under the law. The storage of electronic administrative procedure files and results has the same value as the storage of paper-based administrative procedure files and results.

2. Agencies and units responsible for storing electronic administrative procedure files and results must ensure the conditions stipulated in Clause 1 of Article 15 of the Law on Electronic Transactions.

Article 18. Conversion of electronic administrative procedure files and results to paper-based documents

1. Organizations and individuals may print electronic administrative procedure files and results initiated by themselves, and competent authorities may print electronic administrative procedure files and results of organizations and individuals under their management from the information system for retention, comparison, or presentation to competent authorities for inspection of information about administrative procedure files and results, or provision to organizations and individuals seeking to search and verify information within the scope prescribed by law.

2. Paper-based documents converted from electronic files and results must meet the following conditions:

a) Fully and accurately reflect the content of electronic administrative procedure files and results;

b) Contain information indicating that the administrative procedure file and result have been processed in the information system and the name of the information system or the name of the information system's managing authority;

c) Have an identification code for the electronic administrative procedure file and result to facilitate searching and verifying information, or have the name and signature of the person converting the document;

d) Have the seal of the agency or organization conducting the conversion if required by law or agreed upon by the parties involved in the transaction;

đ) Be accessible at any time during the normal operation of the information system.

3. Paper-based documents converted from electronic administrative procedure files and results have the same value as electronic administrative procedure files and results, except where otherwise provided by specialized laws.

4. The information system serving the creation and processing of electronic administrative procedure files and results must have the function of converting electronic administrative procedure files and results into paper-based administrative procedure files and results.

Chapter III

MONITORING THE PROVISION OF ADMINISTRATIVE PROCEDURES

ON THE ELECTRONIC ENVIRONMENT

Article 19. Responsibility for Ensuring the Provision of Administrative Procedures in an Electronic Environment

1. Ministries, ministerial-level agencies, and Vietnam Social Security shall develop and provide administrative procedures implemented in an electronic environment for:

a) Administrative procedures within the scope of resolution of the ministry or agency;

b) Administrative procedures assigned by authorized bodies to develop centralized solutions nationwide;

c) Groups of related administrative procedures under the management of multiple ministries or agencies.

2. Provincial People's Committees and centrally-administered city People's Committees shall develop and implement solutions to ensure the implementation of administrative procedures in an electronic environment for local administrative procedures, excluding those mentioned in Clause 1 of this Article.

Article 20. Content of control over the provision of administrative procedures on the electronic environment

1. The provision of administrative procedures on the electronic environment shall be controlled both in terms of business operations and technical aspects during the process of construction and operation.

2. Business operation control includes evaluation regarding necessity, rationality, legality, effectiveness during the selection process of procedures, level of assurance regarding identity, electronic authentication for procedures, organization of solutions to implement administrative procedures on the electronic environment, and during the review process of providing administrative procedures on the electronic environment.

3. Technical control includes assessment according to system design standards; connection, data sharing; information security assurance, data integrity; system response time; data storage capacity; processing and error resolution time; user interface friendliness.

Article 21. Selection of groups of administrative procedures and administrative procedures to be implemented on the electronic environment

Administrative procedures and groups of administrative procedures shall be prioritized for implementation on the electronic environment if they meet at least one of the following criteria:

1. Administrative procedures with a large number of generated files, high transaction frequency;

2. Administrative procedures with file components, input data that have been digitized by state agencies and are ready for connection and sharing;

3. Administrative procedures with many file components, large volume of electronic files implementing administrative procedures;

4. Groups of administrative procedures related to each other under the jurisdiction of multiple ministries, ministerial-level agencies, localities;

5. Groups of administrative procedures related to the jurisdiction of multiple units within ministries, ministerial-level agencies, localities;

6. Administrative procedures and groups of administrative procedures prioritized for deployment on the electronic environment according to the directives of the Government, Prime Minister.

Article 22. Establishment of a list of priority administrative procedures to be implemented on the electronic environment

1. Annually, specialized agencies coordinate with agencies having the function of controlling administrative procedures of ministries, ministerial-level agencies, Vietnam Social Security, People's Committees of provinces to review administrative procedures within their responsibility as stipulated in Article 19 of this Decree and the selection criteria specified in Article 21 of this Decree, propose a list of priority administrative procedures to be implemented on the electronic environment, seek opinions from relevant agencies, affected entities, and submit to the Minister, Head of the agency, Chairman of the People's Committee of the province for consideration and decision, clearly defining the implementation timeline, roadmap, and development, operation, exploitation.

2. The Office of the Government takes the lead and coordinates with ministries, agencies, People's Committees of provinces to review and advise the Government, Prime Minister to issue a list of administrative procedures and groups of administrative procedures under the management of multiple ministries, ministerial-level agencies; under the jurisdiction of both ministries and localities, prioritizing their implementation.

Article 23. Procedures for organizing the development and implementation of solutions to ensure the method of implementing administrative procedures on the electronic environment

1. Agencies having the function of controlling administrative procedures coordinate with specialized agencies of ministries, ministerial-level agencies, Vietnam Social Security, People's Committees of provinces to review interconnected groups of administrative procedures and prioritized administrative procedures already approved; simplify file components through evaluating existing data sources and the degree of readiness for integration and information provision during the implementation of administrative procedures on the electronic environment through the following solutions:

a) Supplementing electronic forms with information in file components that can be checked and verified due to integrated and shared data between information systems, databases. For such file components, organizations and individuals are not required to submit, upload, or cite sources;

b) Requesting organizations and individuals to upload electronic versions or certified electronic copies issued by competent authorities for documents and results of previous administrative procedure resolutions;

c) Requesting organizations and individuals to upload electronic versions in compliance with standards for documents and materials that are not results of administrative procedure resolutions issued by competent state authorities and bear responsibility for the accuracy of the documents and materials uploaded by them.

2. Simplify the process, execution time, and other constituent parts of administrative procedures based on the application of information technology during the receipt and resolution of administrative procedure files.

3. Determine business solutions for resolving administrative procedures; identification solutions, levels of security assurance for electronic authentication methods; solutions for integrating, sharing, exploiting information with related data sources, public services, and other technical solutions.

4. Based on the simplification options and solutions mentioned in Clauses 1 and 2 of this Article, the head of ministries, ministerial-level agencies, People's Committees of provinces directs the provision of administrative procedures on the electronic environment to meet technical standards regarding interface, access, interaction, data connection, sharing, storage, and security as prescribed.

5. Services undergo a two-month trial run and are completed before being officially operated on the Ministry-level Public Service Portal, Provincial-level Public Service Portal, and National Public Service Portal.

Article 24. Review and Evaluation of Administrative Procedures Provided on Electronic Environment

1. The agency responsible for reviewing and evaluating the provision of administrative procedures on the electronic environment is the agency responsible for ensuring the conditions for implementing administrative procedures on the electronic environment as stipulated in Article 19 of this Decree.

2. Agencies and units with functions to control administrative procedures shall coordinate with specialized units of ministries, ministerial-level agencies, the Vietnam Social Security, and provincial People's Committees to establish a list for reviewing and evaluating administrative procedures currently being implemented on the electronic environment based on one of the following grounds:

a) Instructions from the Government, Prime Minister;

b) Decisions of Ministers, Heads of ministerial-level agencies, Chairmen of provincial People's Committees;

c) Feedbacks, suggestions, and evaluation results of individuals and organizations regarding administrative procedures provided on the electronic environment.

3. The Office of the Government shall be responsible for independently reviewing and evaluating the provision of administrative procedures on the electronic environment in the following cases:

a) According to instructions from the Government, Prime Minister;

b) A group of related administrative procedures under the jurisdiction of multiple ministries, ministerial-level agencies, and localities;

c) Administrative procedures integrated and provided on the National Public Service Portal that have received numerous feedbacks, suggestions, and evaluations indicating they are cumbersome, difficult to implement, and hinder economic activities and people's lives.

4. Reviewing and evaluating the provision of administrative procedures on the electronic environment includes reviewing and evaluating administrative procedures according to regulations on administrative procedure control and assessing solutions to ensure methods of implementing electronic administrative procedures.

5. The results of review and evaluation serve as a basis for Ministers, Heads of ministerial-level agencies, and Chairmen of provincial People's Committees to direct improvements in the quality of providing administrative procedures on the electronic environment.

Article 25. Digitization of Results of Administrative Procedure Resolution

1. For the results of administrative procedure resolution currently managed and stored in paper form by authorized agencies, Ministers, Heads of ministerial-level agencies, General Directors of the Vietnam Social Security, and Chairmen of provincial People's Committees shall instruct the digitization of the results of administrative procedure resolution and the circulation of information and data in relevant information systems and databases according to their management authority.

2. Methods of digitizing the results of administrative procedure resolution from paper to electronic format include:

a) Converting the results of administrative procedure resolution from paper to electronic format through scanning and transferring to file formats on information systems and databases;

b) Transferring the content of the results of administrative procedure resolution from paper to electronic data for storage in information systems and databases.

3. The results of administrative procedure resolution converted from paper to electronic format must meet the following requirements:

a) Fully reflect the content of the paper-based results of administrative procedure resolution;

b) Individuals or agencies and organizations performing (or responsible for) the conversion from paper to electronic format must sign digitally on the electronic version after conversion from the paper-based result of administrative procedure resolution or be verified by verification methods decided by the competent authority;

c) Have a specific mark confirming the conversion from paper to electronic format.

4. The electronic results of administrative procedure resolution converted from paper-based documents have the same value as paper-based documents except where otherwise specified by specialized laws.

Chapter IV

TASKS OF MINISTRIES, AGENCIES, AND LOCALITIES

Article 26. Duties of the Minister, Head of a Ministry-Level Agency, and General Director of the Vietnam Social Security

1. Direct the development and implementation of solutions to ensure conditions for administrative procedures on the electronic environment within their jurisdiction in accordance with Clause 1 of Article 19 of this Decree.

2. Issue plans and direct the digitization of valid results of administrative procedures under their resolution authority to ensure data sharing in the processing of administrative procedures on the electronic environment, to be completed before December 31, 2025.

3. Publicize the list and organize the acceptance and processing of administrative procedures on the electronic environment under their resolution authority on the Ministry's Service Portal.

4. Direct the management, protection, periodic inspection, review, and enhancement of measures to ensure information security for the Service Portal, the Single Window System at the ministry level, ensuring reliable, continuous operation, safety, and timely resolution of system issues when conducting administrative procedures on the electronic environment.

5. Inspect and audit the implementation of administrative procedures on the electronic environment within their assigned sector or field according to the provisions of the law.

6. Direct the organization of quality assessment for the methods of implementing administrative procedures on the electronic environment provided by themselves and by localities under their management authority.

7. Issue communication plans regarding the implementation of administrative procedures on the electronic environment to attract organizations and individuals to exploit and use such procedures effectively.

8. Apply appropriate commendation and disciplinary measures for collectives and individuals during the execution of assigned tasks according to their authority.

9. Report to the Prime Minister every six months, before June 15 and December 15 each year, on the situation and results of implementing this Decree in accordance with the guidance of the Government Office.

Article 27. Responsibilities of the Chairman of the People's Committee of a Province

1. Direct and organize the acceptance and processing of administrative procedures on the electronic environment within their resolution authority on the Provincial Service Portal in accordance with Clause 2 of Article 19 of this Decree.

2. Organize the quality assessment of the methods of implementing administrative procedures on the electronic environment provided by the locality.

3. Issue plans and direct the digitization of valid results of administrative procedures under their resolution authority to ensure data sharing in the processing of administrative procedures on the electronic environment, to be completed before December 31, 2025.

4. Publicize the list and organize the acceptance and processing of administrative procedures on the electronic environment under their resolution authority on the Provincial Service Portal.

5. Direct the management, protection, periodic inspection, review, and enhancement of measures to ensure information security for the Service Portal, the Single Window System at the provincial level, ensuring reliable, continuous operation, safety, and timely resolution of system issues when conducting administrative procedures on the electronic environment.

6. Issue communication plans regarding the implementation of administrative procedures on the electronic environment to attract organizations and individuals to exploit and use such procedures effectively.

7. Apply appropriate commendation and disciplinary measures for collectives and individuals during the execution of assigned tasks according to their authority.

8. Report to the Prime Minister every six months, before June 15 and December 15 each year, on the situation and results of implementing this Decree in accordance with the guidance of the Government Office.

Article 28. Office of the Government

In addition to performing the tasks assigned under Clause 2 of Article 22 and Clause 3 of Article 24 of this Decree, it shall perform the following tasks:

1. Specify detailed criteria for evaluating the quality of administrative procedures implemented through electronic means provided by ministries, ministerial-level agencies, and localities.

2. Guide the integration, sharing, and synchronization of information and data necessary for online payment of financial obligations when handling administrative procedures on the National Public Service Portal.

3. Evaluate the effectiveness and convenience of building and implementing administrative procedures through electronic means provided by ministries, ministerial-level agencies, and localities, and integrating services on the National Public Service Portal.

4. Coordinate with the Ministry of Information and Communications, the Ministry of Public Security, the Ministry of National Defense, and the Government Cryptographic Agency to ensure the security and safety of information on the National Public Service Portal.

Article 29. Ministry of Information and Communications

1. Guide the supervision and evaluation of the effectiveness and level of use of online public services.

2. Guide and support the implementation of the integration of public digital signatures during the process of providing online public services.

Article 30. Government Cryptographic Agency

Chapter V

IMPLEMENTING PROVISIONS

Article 31. Effective Date

1. This Decree takes effect from May 22, 2020.

2. Ministries, ministerial-level agencies, governmental agencies, provincial People's Committees, and municipal People's Committees directly under the central government shall review, adjust, upgrade, and perfect administrative procedures that have been provided through electronic means to comply with the provisions of this Decree before December 31, 2020.

Article 32. Responsibility for Implementation

1. The Office of the Government shall take the lead and coordinate with the Ministry of Home Affairs, the Ministry of Justice, and the Ministry of Information and Communications to guide, urge, and inspect the implementation of this Decree; promptly report to the Prime Minister for instructions to resolve difficulties arising during its implementation.

2. Ministers, heads of ministerial-level agencies, heads of governmental agencies, Chairpersons of provincial People's Committees, municipal People's Committees directly under the central government, and related agencies, organizations, and individuals are responsible for enforcing this Decree./.