Decree No. 48/2013/ND-CP Amending and Supplementing Certain Provisions of Decrees Related to Administrative Procedure Control

 DECREE

Amending and supplementing certain articles of Decrees

relating to administrative procedure control

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

Pursuant to the Law on Enactment of Regulatory Legal Documents dated June 3, 2008;

At the proposal of the Minister of Justice;

The Government promulgates this Decree amending and supplementing certain Articles of Decree No. 63/2010/NĐ-CP dated June 8, 2010 of the Government on administrative procedure control; Decree No. 20/2008/NĐ-CP dated February 14, 2008 of the Government on receiving, processing complaints and suggestions from individuals and organizations regarding administrative regulations; Decree No. 36/2012/NĐ-CP dated April 18, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies; and Decree No. 55/2011/NĐ-CP dated July 4, 2011 of the Government stipulating the functions, tasks, powers, and organizational structure of legal affairs organizations,

Article 1. Amending, supplementing, and abolishing certain Articles and Clauses of Decree No. 63/2010/NĐ-CP dated June 8, 2010 of the Government on administrative procedure control as follows:

1. Amendment Article 5:

"Article 5. Agencies and units responsible for administrative procedure control

1. The Ministry of Justice assists the Government in uniformly managing state administration over administrative procedure control work.

The Administrative Procedure Control Department under the Ministry of Justice has the function of advising and assisting the Minister of Justice in implementing state management over administrative procedure control work.

2. Legal affairs organizations within Ministries and ministerial-level agencies have the function of advising and assisting Ministers and Heads of ministerial-level agencies in implementing state management over administrative procedure control work within their respective sectors and fields of management.

The Administrative Procedure Control Department under Legal Affairs Organizations within Ministries and ministerial-level agencies has the function of advising and assisting the head of the Legal Affairs Organization in implementing administrative procedure control work.

3. The Department of Justice has the function of advising and assisting provincial People's Committees and municipal People's Committees directly under the Central Government in implementing state management over administrative procedure control work at the local level.

The Administrative Procedure Control Department under The Department of Justice has the function of advising and assistingthe Director of the Department of Justice in organizing the implementation of administrative procedure control work.

4. The Minister of Justice shall specify in detail the functions, tasks, powers, and organizational structure of the Administrative Procedure Control Department; take the lead and coordinate with the Minister of Home Affairs to provide guidance on the functions, tasks, powers, organizational structure, and staffing of the Administrative Procedure Control Department underLegal Affairs Organizations of Ministries and ministerial-level agencies andDepartments of Justice."

2. AmendArticle 9:

"Article 9. Participation in providing opinions on provisions concerning administrative procedures in draft regulatory legal documents

1. In addition to participating in providing comments on the contents of draft regulatory legal documents in accordance with the laws on enactment of regulatory legal documents, the following agencies shall be responsible for providing opinions on the content of provisions concerning administrative procedures indraft regulatory legal documents:

a) The Ministry of Justice shall provide opinions on administrative procedures stipulated indraft regulatory legal documents submitted by the Government to the National Assembly, the Standing Committee of the National Assembly, and draft regulatory legal documents within the authority of the Government and the Prime Minister;

b) Legal Affairs Organizations of Ministries and ministerial-level agencies shall provide opinions on administrative procedures stipulated indraft regulatory legal documents within the authority of Ministers and Heads of ministerial-level agencies;

c) Departments of Justice shall provide opinions on administrative procedures stipulated indraft regulatory legal documents within the authority of provincial People's Committees and municipal People's Committees directly under the Central Government.

2. The content of providing opinions on provisions concerning administrative procedures mainly examines the issues prescribed in Article 7 and Article 8 of this Decree.

In cases where necessary, the agencies prescribed in points a, b, and c Clause 1 of this Article shall organize soliciting opinions from relevant agencies, organizations, and affected entities through consultations, conferences, seminars, or opinion solicitation forms issued by the Ministry of Justice and published on the National Database on Administrative Procedures to compile and submit the opinions to the main drafting agency.

3. The main drafting agency shall be responsible for studying, adopting, and explaining the opinions provided by the agencies prescribed in Clause 1 of this Article."

3. AmendClause 2 Article 10:

"Article 10. Impact assessment of administrative procedures

2. The impact assessment of administrative procedures prescribed in Clause 1 of this Article shall be conducted according to the form issued by the Minister of Justice."

4. AmendedArticle 11:

"Article 11. Review of administrative procedure regulations

1. In addition to reviewing the content of project proposals and draft normative legal documents, the reviewing agency shall be responsible for reviewing the provisions on administrative procedures and include this content in the review report. 2. The main content of the review of administrative procedures mainly examines the criteria prescribed in Article 10 of this Decree.

3. In addition to the dossier sent for review in accordance with the laws on promulgating normative legal documents, the agency sending for review must have an impact assessment of administrative procedures in accordance with Article 10 of this Decree.

The reviewing agency will not accept the dossier for review if the project proposal or draft normative legal document containing provisions on administrative procedures does not have an impact assessment of administrative procedures and the comments of the agency requested under Clause 1, Article 9 of this Decree."

The appraisal agency shall not accept the dossier for appraisal if the project or draft regulatory legal document contains provisions on administrative procedures without an assessment of the impact of such administrative procedures and comments from the agency for comments as stipulated in Clause 1, Article 9 of this Decree. AmendRepeal

5. Amend the deadline for issuing the decision on publication atArticle 15:

"Article 15. Decision on publishing administrative procedures

The decision on publishing administrative procedures of agencies specified in Clause 1, Article 13 of this Decree must be issued no later than 20 (twenty) working days before the effective date of the normative legal document containing provisions on administrative procedures.

The decision on publishing administrative procedures of agencies specified in Clauses 2 and 3, Article 13 of this Decree must be issued no later than 05 (five) working days before the effective date of the normative legal document containing provisions on administrative procedures."

Amend and supplementClause 2, Article 22:

"Article 22. Reflections and recommendations on administrative procedures during implementation

2. The Ministry of Justice is responsible for establishing and maintaining the operation of the portal for reflections, recommendations, and results of handling administrative procedures on the National Database on Administrative Procedures and proactively organizing to collect opinions from individuals and organizations on administrative procedures stipulated in project proposals and draft normative legal documents submitted for opinion collection in accordance with Clause 2, Article 9 of this Decree."

6. AmendClause 5, Article 29.

c) Not publishing the report on the use of capital audited at the General Shareholders' Meeting or not detailing the use of capital obtained from the public offering of securities in the annual financial report audited.” Clause 4, Article 30:

"Article 30. Plan for review and evaluation

4. Based on the guidance of the Government, the Prime Minister and the requirements for administrative procedure reform, The Ministry of Justice shall develop a focused review plan and submit it to the Prime Minister for approval."

7. RepealArticle 31:

"Article 31. Handling the results of review and evaluation

1. On the basis of the results of the review and evaluation of administrative procedures, the People's Committee of provinces and centrally governed cities shall amend, supplement, replace, abolish, or revoke administrative procedures within their authority; propose that ministries and ministerial-level agencies consider and handle the results of the review and evaluation of administrative procedures within the scope and functions of management of the ministry or ministerial-level agency.

2. Based on the results of the review and evaluation of administrative procedures of ministries and ministerial-level agencies and the proposals of the People's Committee of provinces and centrally governed cities, the Minister or Head of a ministerial-level agency shall amend, supplement, replace, abolish, or revoke within their authority, or compile plans to amend, supplement, replace, or revoke administrative procedures and related provisions within the scope of authority of the Government and the Prime Minister, and submit them to The Ministry of Justice for examination and evaluation before submitting to the Government and the Prime Minister.

The dossier submitted to The Ministry of Justice for examination and evaluation includes:

- Draft notification;

- Draft document approving the simplification plan for administrative procedures;

- Report on the results of the review by the ministry or ministerial-level agency;

- Report on the results of the review by the People's Committee of provinces and centrally governed cities and accompanying documents of the simplified administrative procedure plan approved by the Chairman of the People's Committee of provinces and centrally governed cities or the Head of the agency (if any).

Ministries and ministerial-level agencies shall be responsible for studying, adopting, and explaining the examination and evaluation opinions of The Ministry of Justice regarding the plans to amend, supplement, replace, or revoke administrative procedures and related provisions within the scope of authority of the Government and the Prime Minister.

3. The Ministry of Justice shall be responsible for monitoring, urging, and inspecting ministries, ministerial-level agencies, and the People's Committee of provinces and centrally governed cities in implementing the decision approving the plans to amend, supplement, replace, or revoke administrative procedures and related provisions of the Government and the Prime Minister."

10. AmendArticle 35:

"Article 35. Information and Reporting System

1. Ministries, ministerial-level agencies, provincial People's Committees, and municipal People's Committees under the central government shall report to the Ministry of Justice every six months on the situation and results of administrative procedure control activities within their ministries, sectors, or localities, or report as required urgently. The Ministry of Justice shall be responsible for compiling reports to the Government and the Prime Minister on the situation and results of administrative procedure control activities of ministries, ministerial-level agencies, provincial People's Committees, and municipal People's Committees under the central government according to regular schedules or urgent reports when requested by the Government or the Prime Minister.

2. 3. Contents of regular reports:

a) The situation and results of administrative procedure control regulations, including the total number of administrative procedures assessed and the total number of normative legal documents regulating administrative procedures issued during the reporting period;

b) The situation, results, and quantity of published administrative procedures; the situation of publicizing and updating administrative procedures into the National Database on Administrative Procedures;

c) The situation and results of implementing administrative procedures at agencies or localities, including the commendation and handling of civil servants who violate administrative procedure control regulations (if applicable);

d) The review and simplification of administrative procedures (if applicable);

đ) Difficulties and obstacles encountered during the implementation of administrative procedure control (if applicable);

e) The situation and results of receiving and processing complaints and suggestions about administrative procedures;

g) Communication work supporting administrative procedure control activities;

h) Other contents as required by the Ministry of Justice or as directed by the Prime Minister.

The Ministry of Justice shall develop the report template prescribed in Clause 3 of this Article and provide guidance on its implementation. 5. The situation and results of administrative procedure control activities must be promptly, truthfully, and regularly communicated on the Administrative Procedure Information Website of the Ministry of Justice and other mass media."

4. 11. Supplement Article 35a:

"Article 35a. Inspection of Administrative Procedure Control Activities 1. Inspection of administrative procedure control activities shall be conducted annually or urgently within the following scope of responsibilities:

a) The Administrative Procedure Control Department assists the Minister of Justice in inspecting the implementation of administrative procedure control activities at ministries, ministerial-level agencies, provincial People's Committees, and municipal People's Committees under the central government;

Legal Departments of ministries and ministerial-level agencies assist the Ministers and Heads of agencies in inspecting the implementation of administrative procedure control activities at departments, bureaus, and units under their jurisdiction;

Provincial Justice Departments assist provincial People's Committees and municipal People's Committees under the central government in inspecting the implementation of administrative procedure control activities at departments, commissions, and agencies, district and town People's Committees, and village, ward, and town People's Committees within the province.

2. The inspection contents include: a) Directive, management, and implementation of administrative procedure control activities;

b) b) Control of administrative procedure regulations in projects and draft normative legal documents;

c) c) Control of the implementation of administrative procedures;

d) Review and evaluation of administrative procedures;

đ) Reception and processing of complaints and suggestions from individuals and organizations regarding administrative regulations;

e) Other contents as required by the Ministry of Justice."

12. Other amendments:

a) Replace the phrase "Office of the Government" with the phrase "Ministry of Justice" in Clause 1 of Article 26, Clause 2 of Article 36;

b) Replace the phrase "Administrative Procedure Control Agency" with the phrase "Ministry of Justice" in Article 24, Clause 3 of Article 27, Clause 3 of Article 30;

c) Amend the phrase "Administrative Procedure Control Agency" to "Administrative Procedure Control Department" in Clause 2 of Article 26; d) Remove the phrase "and Administrative Procedure Control Agency" in Clause 3 of Article 29.

9. Amend and supplement

a) Replace the phrase "Office of the Government" with the phrase "Ministry of Justice"in Clause 1, Article 26, Clause 2, Article 36; b) Replace the phrase "Agency for Administrative Procedure Control" with the phrase "Ministry of Justice" in Article 24, Clause 3, Article 27, Clause 3, Article 30;

c) Amend the phrase "Agency for Administrative Procedure Control" to "Administrative Procedure Control Department" in Clause 2, Article 26;d) Delete the phrase "and Agency for Administrative Procedure Control" in Clause 3, Article 29.

c) Replace the phrase “Cơ quan kiểm soát thủ tục hành chính” with the phrase “Cục Kiểm soát thủ tục hành chính” in Clause 2, Article 26;

d) Delete the phrase “và Cơ quan kiểm soát thủ tục hành chính” in Clause 3, Article 29.

Article 2. Amend some Articles of Decree No. 20/2008/NĐ-CP dated February 14, 2008 of the Government on receiving, handling complaints and suggestions from individuals and organizations regarding administrative regulations as follows:

1. Replace the phrase “Office of the Government” with the phrase “Ministry of Justice” inClause 1, Article 8, Clause 1, Article 13, Article 20, Article 26; Remove the phrase “Office of the Government” at Clause 4, Article 13.

Replace the phrase “Minister, Head of the Office of the Government” with the phrase “Minister of Justice” in Article 17.

Replace the phrase "Office of the Ministry, equivalent to a ministry" with the phrase "Legal Affairs Organization of the Ministry, equivalent to a ministry" in Clause 2, Article 8.

Replace the phrase "Office of the People's Committee of the province, centrally governed city" with the phrase "Department of Justice" in Clause 3, Article 8.

2. AmendArticle 22:

"Article 22. Information Reporting System

The information reporting system on the situation and results of receiving and handling complaints and suggestions about administrative regulations of ministries, equivalent to ministries, and provincial-level People's Committees shall be implemented in accordance with the provisions of Article 35 of Decree No. 63/2010/NĐ-CP dated June 8, 2010 of the Government on administrative procedure control (amended atClause 10, Article 1 of this Decree)."

Article 3. Amend and supplement Clause 1, Article 17 of Decree No. 36/2012/NĐ-CP dated April 18, 2012 of the Government on the functions, tasks, powers, and organizational structure of ministries and equivalent to ministries as follows:

"Article 17. Office of the Ministry

1. The Office of the Ministry is an organization under the Ministry, performing the function of advising on comprehensive programs and plans of work and serving the activities of the Ministry; assisting the Minister in summarizing, monitoring, and urging organizations and units under the Ministry to implement the approved programs and plans of work."

Article 4. Amend and supplement some Articles of Decree No. 55/2011/NĐ-CP dated July 4, 2011 of the Government on the functions, tasks, powers, and organizational structure of Legal Affairs Organizations as follows:

1. Supplement Clause 3a toArticle 3:

"Article 3. Tasks and Powers of Legal Affairs Organizations at Ministries and Equivalent to Ministries

3a. Regarding administrative procedure control:

Take the lead and coordinate with relevant units to assist the Minister, Head of the equivalent to a ministry in controlling administrative procedures within their sector and field of management as prescribed by law."

2. Supplement Clause 3a toArticle 5:

"Article 5. Tasks and Powers of Legal Affairs Organizations at General Departments and Equivalent, and Bureaus under Ministries and Equivalent to Ministries

3a. Regarding administrative procedure control:

Take the lead in assisting the General Department Director, Bureau Chief to coordinate with the Legal Affairs Department of the Ministry, equivalent to a ministry in controlling administrative procedures as prescribed by law."

3. Supplement Clause 3a toArticle 6:

"Article 6. Tasks and Powers of Legal Affairs Organizations at Specialized Agencies under Provincial-level People's Committees

3a. Regarding administrative procedure control:

a) Take the lead in assisting the Agency Director to coordinate with the Department of Justice in controlling administrative procedures as prescribed by law;

b) Draft reports on the situation and results of administrative procedure control activities, submit them to the Agency Director for consolidation and reporting to the Department of Justice for submission to the Provincial-level People's Committee."

Article 5. Implementation Provisions

1. This Decree takes effect from July 1, 2013.

2. The Minister, Head of the equivalent to a ministry, Head of the agency under the Government, Chairman of the People's Committee of the province, centrally governed city, organizations, and individuals concerned are responsible for implementing this Decree./.