Decree No. 61/2018/NĐ-CP On Implementing the Single Window Mechanism and the Interconnected Single Window Mechanism in Administrative Procedure Handling

DECREE

Regarding the implementation of the single window mechanism and the interconnected single window mechanism
in handling administrative procedures

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

On the basis of the Ordinance on Implementation of Democracy in Communes, Wards, and Towns dated April 20, 2007;

Pursuant to the Law on Electronic Transactions dated November 29, 2005;

Pursuant to the Law on Information Technology dated June 29, 2006;

Pursuant to Clause 2, Article 19 of the Law on Enacting Legal Normative Documents dated June 22, 2015;

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

The Government issues this Decree on the implementation of the single window mechanism and the interconnected single window mechanism in handling administrative procedures.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates the implementation of the single window mechanism and the interconnected single window mechanism in handling administrative procedures for organizations and individuals..

2. This Decree does not regulate the implementation of administrative procedures under the national single window mechanism as prescribed in the Customs Law.

Article 2. Applicability

1. Administrative procedure handling agencies

a) Ministries, ministerial-level agencies; general departments and equivalent bodies, departments, divisions under ministries, ministerial-level agencies with the tasks and powers to handle administrative procedures and participate in the process of handling administrative procedures;

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 zones with the tasks and powers to handle administrative procedures;

Agencies specified in Points a and b of this Clause shall hereinafter be referred to collectively as competent authorities.

2. Civil servants, public officials, and employees of the competent authorities prescribed in Article 1 of this Decree, military officers, police officers for the Ministry of National Defense and the Ministry of Public Security (hereinafter referred to collectively as civil servants, public officials, and employees).

3. Organizations and individuals requesting the implementation of administrative procedures (hereinafter referred to collectively as organizations and individuals).

4. Enterprises providing universal postal services, enterprises, and individuals hired or authorized to implement administrative procedures in accordance with the law.

5. Encouragement is given to public service units, state-owned enterprises, and other agencies and organizations to apply this Decree in handling procedures for organizations and individuals.

Article 3. Explanation of Terms

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

1. The single window mechanism in handling administrative procedures is a method of receiving applications, processing, and delivering results of administrative procedure handling, monitoring, supervising, and evaluating the handling of administrative procedures for organizations and individuals by a competent authority through the Single Window Unit prescribed in Clause 3 of this Article.

2. The interconnected single window mechanism in handling administrative procedures is a method of cooperation among competent authorities in receiving applications, processing, and delivering results of one administrative procedure or a group of related administrative procedures, monitoring, supervising, and evaluating the handling of administrative procedures for organizations and individuals through the Single Window Unit prescribed in Clause 3 of this Article.

3. The Single Window Unit is the common name for the Application Reception and Result Delivery Unit for Administrative Procedure Handling or the Provincial Public Service Center, performing the tasks and powers of guiding, receiving, processing, transferring application files for handling, delivering results of administrative procedure handling, monitoring, supervising, and evaluating the handling of administrative procedures for organizations and individuals.

4. The National Public Service Portal is an integrated portal for information on online public services, the status of administrative procedure handling, and results of administrative procedure handling based on data connection and retrieval from the electronic single window information systems at the ministry level and provincial level and technical solutions unifiedly built and managed by the Government Office.

5. The ministry-level and provincial-level Public Service Portals are integrated portals for information on online public services, the status of administrative procedure handling, and results of administrative procedure handling based on data integration and sharing with the electronic single window information systems at the ministry level and provincial level.

6. The electronic single window information system at the ministry level and provincial level is an internal information system supporting the receipt, processing, monitoring of the status of receipt, processing, and results of administrative procedure handling by agencies and units under their jurisdiction; connecting, integrating, and sharing data with the document management system to process files over the network; connecting, integrating with the National Public Service Portal and the ministry-level and provincial-level Public Service Portals to publish publicly the results of administrative procedure handling and provide online public services.

7. Evaluation of administrative procedure handling is the observation and conclusion of competent authorities, organizations, and individuals regarding the quality and progress of guidance, receipt, processing, and delivery of results of administrative procedure handling by the Single Window Unit, civil servants, public officials, and employees implementing and administrative procedure handling agencies.

Article 4. Principles for Implementing the One-Stop Shop Mechanism and the Interconnected One-Stop Shop Mechanism

1. The satisfaction of organizations and individuals shall be the measure of the quality and effectiveness of services provided by civil servants, public officials, and competent authorities.

2. Administrative procedures for organizations and individuals under the one-stop shop mechanism and the interconnected one-stop shop mechanism shall be centrally managed and unified.

3. Administrative procedures shall be resolved promptly, efficiently, conveniently, in accordance with the law, fairly, equally, objectively, transparently, and openly, with close cooperation among competent authorities.

4. The process of resolving administrative procedures shall be urged, inspected, monitored, evaluated through various methods based on the promotion of information technology application and the participation of organizations and individuals.

5. No additional costs for implementing administrative procedures for organizations and individuals beyond what is stipulated by law shall be incurred.

6. Civil servants and public officials of competent authorities shall fulfill their duty to explain the performance of their duties in resolving administrative procedures in accordance with the provisions of the law.

7. Compliance with the laws of Vietnam and international treaties related to the implementation of the one-stop shop mechanism and the interconnected one-stop shop mechanism in resolving administrative procedures that the Socialist Republic of Vietnam has signed or joined.

Article 5. Prohibited Actions in Resolving Administrative Procedures Under the One-Stop Shop Mechanism and the Interconnected One-Stop Shop Mechanism

1. Civil servants and public officials assigned tasks to guide, receive files, resolve, and deliver results of administrative procedures under the one-stop shop mechanism and the interconnected one-stop shop mechanism at the One-Stop Shop Department and at competent authorities shall not perform the following actions:

a) Abuse power, harass, cause inconvenience, or create difficulties for organizations and individuals in performing administrative procedures;

b) Obstruct organizations and individuals from choosing forms of submitting files, receiving, and delivering results of administrative procedures as prescribed by law;

c) Obstruct or illegally interfere with the transmission, sending, receiving electronic data; alter, delete, destroy, forge, copy, or move illegally part or all of the content of data related to the implementation of administrative procedures;

d) Disclose information about files, documents, and related information concerning the confidentiality of organizations and individuals or use such information for personal gain;

đ) Refuse to implement, prolong the time for resolving administrative procedures, or arbitrarily request additional files or documents outside the provisions of the law;

e) Directly transact, require organizations and individuals to supplement or complete files without going through the One-Stop Shop Department, except where otherwise provided by law;

g) Shirk responsibility, lack cooperation, lack fairness, act contrary to the law during the process of resolving administrative procedures;

h) Behave or communicate in a manner inconsistent with the regulations of the workplace culture;

i) Other acts violating the law in the performance of official duties.

2. Organizations and individuals requesting the resolution of administrative procedures shall not perform the following actions:

a) Cheat, impersonate, steal, or use improperly files, documents, and results of administrative procedures;

b) Obstruct the resolution of administrative procedures for organizations and individuals;

c) Use other means to deceive, bribe civil servants, public officials during the process of resolving administrative procedures;

d) Slander, report, make complaints, denounce, falsely accuse others in the name of someone else regarding violations of the law by civil servants, public officials, competent authorities in guiding, receiving, resolving, and delivering results of administrative procedures;

đ) Insult the reputation of competent authorities; use violence, threaten to use violence, insult the dignity, personality of civil servants, public officials, competent authorities during the process of guiding, receiving, resolving, and delivering results of administrative procedures;

e) Make unfair, untruthful, non-compliant, inaccurate comments or evaluations of the performance of tasks by civil servants, public officials, competent authorities during the process of guiding, receiving, resolving, and delivering results of administrative procedures;

g) Other acts violating the law as prescribed by law.

3. Enterprises providing postal services and enterprises, individuals hired or authorized to perform administrative procedures shall not perform the following actions:

a) Obstruct the process of resolving administrative procedures;

b) Deceive civil servants, public officials, competent authorities, organizations, hiring parties, authorizing parties in performing administrative procedures;

c) Other acts as prescribed by law.

Article 6. Rights and responsibilities of organizations and individuals implementing administrative procedures

1. Rights

a) To be guided in preparing files, receiving files, receiving the Receipt of Administrative File and appointment for result delivery;

b) To refuse to implement requests not stipulated in legal normative documents regulating administrative procedures;

c) To reflect, propose recommendations to competent authorities regarding the unnecessary, unreasonable, and unlawful nature of administrative procedures;

d) To reflect, propose recommendations, lodge complaints and denunciations against civil servants when there is evidence proving that guidance, receipt, resolution, and result delivery of administrative procedures are not in accordance with the law and other illegal acts related thereto;

đ) Other rights as prescribed by law.

2. Responsibilities

a) To bear responsibility for the legality and accuracy of documents in the file and provide all relevant information;

b) When receiving the result of administrative procedure at the One-Stop Service Center, must bring along the Receipt of Administrative File and appointment for result delivery; if authorized to receive on behalf of another person, must also bring the authorization letter from the authorizing party;

c) To fully comply with regulations on administrative procedure resolution and those of the One-Stop Service Center; to pay all required fees and charges (if applicable) as prescribed;

d) To bear legal responsibility for violations stipulated in Clauses 2 and 3 of Article 5 of this Decree and other relevant laws;

Chapter II

ORGANIZATION, RELATIONSHIP OF WORK AND HEADQUARTERS

ONE-STOP SERVICE CENTER

Article 7. Organization of the One-Stop Service Center

1. At the central level

a) Based on the number of administrative procedures within its jurisdiction, frequency of file reception, and office layout situation, the Minister, Head of a ministerial-level agency decides to establish a Reception and Result Delivery Unit at the ministry or equivalent agency under the ministry's office.

In case of not establishing a Reception and Result Delivery Unit at the ministry or equivalent agency, the Minister, Head of a ministerial-level agency shall stipulate the establishment of such units at general directorates or departments;

b) Based on the principles set out in Article 4 and other provisions of this Decree, the Ministers of National Defense and Public Security decide on the implementation of the one-stop mechanism suitable for each ministry's operational conditions;

c) Based on this Decree, other relevant laws, international treaties to which the Socialist Republic of Vietnam is a signatory or participant, and specific conditions and circumstances, the Minister of Foreign Affairs decides on the implementation of the one-stop mechanism to resolve administrative procedures at diplomatic agencies, consular agencies, and Vietnamese representative offices in international organizations abroad;

2. At the provincial level

a) The People's Committee of the province decides to establish a Public Administrative Service Center as a special administrative unit under the People's Committee Office of the province, having a seal to perform assigned tasks and powers;

The material infrastructure, office space, equipment, machinery, and technology of the Public Administrative Service Center are guaranteed and managed by the People's Committee Office of the province;

Based on the frequency of administrative procedure file reception, office layout situation of specialized agencies, and local natural and socio-economic conditions, the People's Committee of Hanoi City and Ho Chi Minh City shall submit to the People's Council of the city for decision on the number of Public Administrative Service Centers in the city;

b) In cases where the province does not yet have the conditions to organize a Public Administrative Service Center, at specialized agencies under the People's Committee of the province, the head of the specialized agency decides to establish a Reception and Result Delivery Unit under the agency's office;

The material infrastructure, office space, equipment, machinery, and technology of the Reception and Result Delivery Units at provincial specialized agencies are guaranteed and managed by the respective agencies;

3. At the district level

The People's Committee of the district decides to establish a Reception and Result Delivery Unit under the People's Council and People's Committee Office of the district;

The People's Council and People's Committee Office of the district guarantees and manages the office space, equipment, machinery, application software, and network system;

4. At the commune level

The People's Committee of the commune decides to establish a Reception and Result Delivery Unit under the People's Committee of the commune;

5. The head of a central agency organized vertically at the local level decides to establish a Reception and Result Delivery Unit at the agency's office or a specialized unit or organization under the agency (in cases where such unit or organization does not have an office), while directing the deployment of civil servants to the Provincial Public Administrative Service Center or District Reception and Result Delivery Unit to receive and resolve administrative procedures as stipulated in Clauses 2 and 3 of Article 14 of this Decree;

6. At ministries, sectors, and provincial people's committees, the Reception and Result Delivery Units established at units, specialized agencies, ministry offices, and provincial people's committee offices are tasked with consolidating, monitoring, and urging the implementation of the one-stop mechanism through the electronic one-stop information system at the ministry and provincial levels.

Article 8. Tasks and Authorities of the One-Stop Shop Unit

1. Tasks

a) Publicly disclose in full and promptly through electronic means or in writing the list of administrative procedures carried out at the One-Stop Shop Unit; the contents of administrative procedures shall be disclosed according to the laws on administrative procedure control and this Decree; support cases where individuals or organizations are unable to access disclosed administrative procedures via electronic means;

b) Guide the implementation of administrative procedures; accept administrative procedure files; process or transfer files for administrative procedure resolution; deliver results of administrative procedure resolution; monitor, supervise, and evaluate the resolution and delivery of results of administrative procedures for organizations and individuals; collect fees and charges (if applicable) as prescribed;

c) Coordinate with relevant agencies and units to resolve and deliver results of resolution for organizations and individuals in cases where administrative procedures require immediate resolution within the day or where administrative procedures have been delegated or authorized to civil servants and officials at the One-Stop Shop Unit to resolve; support organizations and individuals using level 3 and level 4 online public services;

d) Coordinate with competent authorities and other related agencies to organize training and enhance the professional skills of cadres, civil servants, and officials assigned tasks of guiding, accepting, and delivering results of administrative procedure resolution under the one-stop shop mechanism;

đ) Accept, handle, or report to the competent authority to handle complaints, suggestions, appeals, and accusations from organizations and individuals regarding cadres, civil servants, officials, and competent authorities related to guidance, acceptance, resolution, file transfer, and result delivery of administrative procedures; transfer the explanations of the competent authority regarding complaints, suggestions, appeals, and accusations to organizations and individuals;

e) Equip facilities at the One-Stop Shop Unit as stipulated in point b, Clause 2, Article 13 of this Decree and provide necessary legal support services, fee and charge payment, tax submission, foreign language and ethnic language translation (if needed), photocopying, printing of documents, and other necessary services when requested by organizations and individuals at approved service prices;

g) Perform other tasks assigned by law;

2. Authorities

a) Request competent authorities and related agencies and units to provide information and materials for the work of accepting and resolving administrative procedures;

b) Refuse to accept files that do not comply with regulations; take the lead in monitoring, supervising, and urging relevant agencies and units to resolve administrative procedures according to the approved procedures; request competent authorities to inform organizations and individuals about the acceptance and progress of administrative procedure resolution; urge participating agencies and units in the One-Stop Shop Unit to process files within or beyond the resolution deadlines;

c) Monitor, urge, review, and evaluate civil servants and officials sent by competent authorities to work at the One-Stop Shop Unit regarding compliance with working hours, laws on civil service systems, office culture regulations, and internal rules of the agency;

d) Propose improvements, innovations, and enhancements in service quality, timely execution of duties, and convenience for organizations and individuals; organize or coordinate in organizing information dissemination and publicity on the implementation of the one-stop shop mechanism in administrative procedure resolution;

đ) Manage and propose to the competent authority to upgrade material infrastructure, information technology infrastructure, and application software of electronic one-stop shop systems; participate in ensuring information security during the operation and use of these systems;

e) Exercise other authorities assigned by law.

Article 9. Responsibilities of the Head of the One-Stop Service Unit

1. Directly manage and be responsible to the head of the competent authority for all activities of the One-Stop Service Unit.

Be authorized by the head of the competent authority to sign documents urging relevant agencies and functional units to handle administrative procedures in accordance with regulations; report and propose measures to the head of the competent authority for handling cases where administrative procedures are not completed within the prescribed time and quality.

2. Regularly every three months or at any time, the head of the One-Stop Service Unit shall work with the competent authorities whose administrative procedures are received and processed at that level of the One-Stop Service Unit to exchange information on management, operation, performance of tasks, and the situation of receiving files and processing administrative procedures of specialized agencies at the One-Stop Service Unit.

3. Manage the working hours, progress in handling assigned tasks, attitude, conduct, and behavior of officials, civil servants, and employees assigned to work at the One-Stop Service Unit, and report monthly to the agency assigning officials, civil servants, and employees; refuse to accept or proactively propose to the assigning agency to replace officials, civil servants, and employees who violate labor discipline, have inappropriate attitudes, conduct, and behavior, lack the required professional capacity, or engage in other illegal acts.

4. Assign tasks to deputy heads, officials, civil servants, and employees according to their capabilities and professional expertise; inspect and urge the implementation of assigned tasks and perform information and reporting work as prescribed.

5. Coordinate with the agency or unit assigning officials, civil servants, and employees to examine and handle violations by civil servants and employees, and publicly announce the results of such handling to organizations and individuals who have complaints, suggestions, appeals, or denunciations regarding the violations committed by officials, civil servants, and employees.

6. Proactively propose to the head of the competent authority to assign officials, civil servants, and employees to the One-Stop Service Unit to promptly increase or decrease the number of officials, civil servants, and employees when there is a significant fluctuation in the number of organizations and individuals coming to handle administrative procedures, or when the number is too low, or in cases where officials, civil servants, and employees are absent or on leave as prescribed.

7. Publicize at the office premises and on the electronic bulletin board of the One-Stop Service Unit the names, positions, and telephone numbers of the head and deputy heads of the One-Stop Service Unit; the names, positions, fields of work, and telephone numbers of officials, civil servants, and employees assigned to work at the One-Stop Service Unit.

8. Timely handle or transfer to the competent authority for handling any violation of the law by organizations, individuals, officials, civil servants, and employees occurring at the One-Stop Service Unit.

9. Organize protection, fire prevention, firefighting, ensure security and safety for officials, civil servants, employees, and organizations and individuals coming to handle administrative procedures at the office premises of the One-Stop Service Unit.

10. Manage and submit to the competent authority for approval the procurement, leasing, renovation, repair, maintenance, replacement, supplementation, and disposal of assets and technical facilities at the One-Stop Service Unit in accordance with the provisions of the law; scientifically and reasonably arrange areas for providing information and handling administrative procedures, and equipment serving organizations and individuals coming to handle administrative procedures.

Article 10. Personnel working at the One-Stop Shop Unit

1. At the central level

a) The Registration and Result Delivery Unit at ministries and ministerial-level agencies shall be headed by a leader of the ministry's office; in cases where the Registration and Result Delivery Unit is established at general directorates and equivalent units or departments, such unit shall be headed by a leader of the general directorate's or department's office.

b) Civil servants and officials receiving and processing administrative procedures at the Registration and Result Delivery Unit shall be assigned by specialized agencies with administrative procedures.

c) The ministry's office, general directorate's office, and department's office shall assign civil servants and officials to manage and operate the premises, machinery, equipment, and network system of the Registration and Result Delivery Unit.

2. At the provincial level

a) In cases where a Public Administrative Service Center is established, the leadership of the provincial Public Administrative Service Center shall consist of one Director who is a leader of the provincial People's Committee Office or equivalent, and not more than two Deputy Directors who are leaders of departments within the provincial People's Committee Office, appointed by the Chairman of the Provincial People's Committee.

Specialized agencies at the provincial level shall assign civil servants and officials to work at the Public Administrative Service Center according to this Decree.

The provincial People's Committee Office shall assign civil servants and officials to manage and operate the premises, machinery, equipment, and network system of the Public Administrative Service Center.

b) In cases where the Registration and Result Delivery Unit is established at specialized agencies under the provincial People's Committee, such unit shall be headed by a leader of that agency's office. Specialized departments shall assign civil servants to work at the Registration and Result Delivery Unit.

3. At the district level

a) The Registration and Result Delivery Unit at district level shall be headed by a leader of the district People's Council and People's Committee Office.

b) Specialized agencies of the district People's Committee shall assign civil servants to work there.

c) The district People's Council and People's Committee Office shall assign civil servants and officials to manage and operate the premises, machinery, equipment, software applications, and network system of the Registration and Result Delivery Unit.

4. At the commune level

a) The Registration and Result Delivery Unit at commune level shall be directed and managed by the Commune People's Committee Chairman.

b) Civil servants working at the Registration and Result Delivery Unit of the Commune People's Committee shall be civil servants holding positions defined in the Law on Cadres and Civil Servants, assigned by the Commune People's Committee Chairman based on specific local conditions.

5. Central agencies organized vertically at the local level

a) The Registration and Result Delivery Unit of central agencies organized vertically at the local level shall be decided by the head of such agency.

b) Staff members receiving and processing administrative procedures at the One-Stop Shop Unit of central agencies organized vertically at the local level shall be assigned by specialized units of such agency to receive or directly process according to regulations.

Article 11. Standards, responsibilities, benefits, and term of service for civil servants and officials working at the One-Stop Shop Unit

1. Standard

a) Meeting the general standards regarding moral qualities as prescribed by laws on civil servants, officials, and armed forces.

b) Civil servants and officials working at the One-Stop Shop Unit at the ministry level (including general directorates and equivalent units, departments), provincial, and district levels must have been appointed to the rank of specialist or higher; they must have a minimum of three years of work experience in their assigned field and be evaluated as having satisfactorily completed their tasks.

c) Possessing good moral character and high sense of responsibility in performing assigned duties.

d) Having courteous, amiable, open, friendly, and appropriate communication and behavior in accordance with workplace cultural regulations.

2. Responsibilities

a) Strictly and fully implementing the provisions of this Decree and other relevant laws.

b) Creating favorable conditions for organizations and individuals to perform administrative procedures.

c) Providing comprehensive, clear, and accurate guidance for organizations and individuals to perform administrative procedures; if modifications or supplements to the dossier are required, they can only be requested once.

d) Receiving, processing, or transferring dossiers, monitoring the processing of administrative procedures for organizations and individuals as stipulated; updating received dossiers into management software and assigning administrative procedure dossier numbers to organizations and individuals.

đ) Proactively advising and proposing innovative improvements in the processing of administrative procedures; promptly identifying and recommending to competent authorities to amend, supplement, change, or abolish administrative procedure regulations that violate laws, are impractical, or are unsuitable for actual circumstances of ministries, sectors, or localities.

e) Wearing uniforms or professional attire as prescribed, displaying civil servant or official identification while performing duties.

g) Participating in professional activities, party, mass organizations, performance evaluations, commendations, and disciplinary actions at the agency that has assigned them to the One-Stop Shop Unit.

h) Implementing relevant legal provisions.

3. Benefits

a) Being trained in professional skills, information technology, and cultural interaction and communication with organizations and individuals.

b) Participating in political theory courses, state administration management, foreign languages, computer science, and other fields both domestically and internationally as prescribed by law.

c) Receiving compensatory leave (if working overtime, on holidays, weekends).

d) Receiving salary, allowances, bonuses, and other policies (if applicable) from the agency that has assigned them to the One-Stop Shop Unit.

4. Term of service for staff members assigned to the One-Stop Shop Unit

The Minister, Head of a ministerial-level agency, and the Chairman of the Provincial People's Committee shall decide the term of duty for staff members assigned to the One-Stop Shop Units at the ministry, provincial, and district levels, which shall not be less than six months and not exceed twenty-four months per assignment period, except as provided in Clause 8, Article 12 of this Decree.

Article 12. Responsibilities of the competent authority dispatching civil servant, public official, civil service employee

1. Dispatch cadres, civil servants, and public officials who meet the standards prescribed in Clause 1, Article 11 of this Decree to work at the One-Stop Service Center.

2. Guide, urge, and inspect cadres, civil servants, and public officials in receiving, examining, or cooperating in examining related files; transfer administrative procedures for joint processing to the competent authority; approve or submit to the competent authority for approval of administrative procedure files and deliver results of administrative procedure resolution to organizations and individuals at the One-Stop Service Center.

3. Coordinate with the One-Stop Service Center to develop detailed, clear procedures for resolving administrative procedures, timeframes for resolution, and steps to ensure timely resolution for approval by the competent authority.

4. Assign tasks to cadres, civil servants, and public officials to regularly check and update the progress of each file on the management software to resolve administrative procedures as stipulated.

5. Proactively notify in writing to the One-Stop Service Center about reasons for delayed file resolution, accompanied by an apology letter to organizations and individuals and rescheduled time for result delivery.

6. Timely inform and update changes in administrative procedures made public in writing or electronically at the One-Stop Service Center.

7. Provide full information related to the field of work, ensuring all rights of cadres, civil servants, and public officials working at the One-Stop Service Center.

8. Proactively coordinate with the One-Stop Service Center to manage dispatched cadres, civil servants, and public officials; have a plan to arrange at least one non-specialized cadre, civil servant, or public official to promptly replace those working at the One-Stop Service Center when they take leave, compensatory leave, sick leave, personal leave, study, or travel, to avoid disrupting the receipt and return of files for organizations and individuals; promptly increase or decrease the number or temporarily withdraw civil servants from the One-Stop Service Center when the number of organizations and individuals coming to handle administrative procedures increases, decreases, or becomes too few (if temporarily withdrawing civil servants, must discuss with the One-Stop Service Center to have measures in place when organizations and individuals come to submit files, receive results); in cases where cadres, civil servants, or public officials fail to complete their tasks or have low satisfaction levels, dispatch other cadres, civil servants, or public officials to replace them.

9. Quarterly, settle fees and charges for implementing administrative procedures collected at the One-Stop Service Center (if applicable).

10. Coordinate with the head of the One-Stop Service Center to evaluate and comment on the performance of civil servants working at the One-Stop Service Center according to this Decree.

Article 13. Arrangement of Office Premises and Equipment of the One-Stop Service Center

1. The One-Stop Service Center shall be located in a convenient, easily accessible position with suitable area to perform its duties, and the scale of the area should match the volume of transactions resolved at the One-Stop Service Center daily.

The Minister, Head of a Government Agency at the ministerial level, Chairman of the People's Committee of provinces and districts shall base on the actual situation of receiving administrative procedure files in their respective ministries, sectors, and localities to reasonably arrange positions and areas, prioritizing upgrading and renovating existing office premises or leasing and repurposing existing facilities to avoid waste. In cases of constructing new premises, it must be approved by the competent authority and comply with laws on investment, construction, and other relevant laws.

2. Equipment

a) Based on the nature of the work and the actual situation at the agency or unit, and the standards and quotas for machinery and equipment provided to state agencies, the Minister, Heads of agencies, and Chairmen of People's Committees at various levels shall decide within their authority on the equipment and working tools of the One-Stop Service Center, meeting the needs of work and application of information technology in the operation of state agencies;

b) At the One-Stop Service Center: Arrange an information provision area and administrative procedure area; the reception and result delivery area is divided into separate counters corresponding to different fields; provide sufficient seating, writing desks, and internet-connected computers for organizations and individuals to conduct transactions and online public services; install surveillance cameras to monitor the entire working area of the One-Stop Service Center connected to higher-level state agencies and throughout the system; arrange areas for placing equipment: automatic queue number machines connected to the Electronic One-Stop Information System; touch screens for organizations and individuals to search for information and administrative procedures, search for results of administrative procedure resolution; arrange areas to provide services specified in point g, Clause 1, Article 8 of this Decree.

Chapter III

SCOPE OF RECEIPT AND PROCEDURE FOR RESOLUTION

ADMINISTRATIVE PROCEDURES

Article 14. Scope of Acceptance of Administrative Procedures at One-Stop Shop Units

1. At the central level

a) The Receipt and Result Delivery Unit of ministries and ministerial-level agencies shall accept administrative procedure files within their jurisdiction or those that require inter-agency coordination from subordinate units of the ministry or ministerial-level agency;

b) The Receipt and Result Delivery Unit of general directorates and equivalent units under ministries shall accept administrative procedure files within their jurisdiction or those that require inter-agency coordination from their own agencies or units;

c) The Receipt and Result Delivery Unit of central agencies organized according to vertical systems at local levels shall accept administrative procedure files within their jurisdiction or those that require inter-agency coordination from their own agencies or units.

2. At the provincial level

a) The Public Administrative Service Center shall accept administrative procedure files within the jurisdiction or those that require inter-agency coordination of provincial People's Committees, specialized agencies under provincial People's Committees, administrative procedures within the jurisdiction or those that require inter-agency coordination of agencies organized according to vertical systems at local levels as directed by the Prime Minister, administrative procedures within the jurisdiction of ministries, sectors, and provincial People's Committees assigned to be accepted at the Public Administrative Service Center;

b) The Receipt and Result Delivery Unit of provincial specialized agencies shall accept administrative procedures within their jurisdiction or those that require inter-agency coordination, administrative procedures within the jurisdiction of ministries, sectors, and provincial People's Committees assigned to be accepted at the provincial specialized agency.

3. At the district level

The Receipt and Result Delivery Unit at the district level shall accept all administrative procedure files within the jurisdiction or those that require inter-agency coordination of district People's Committees, some administrative procedures within the jurisdiction or those that require inter-agency coordination of agencies organized according to vertical systems at local levels as directed by the Prime Minister, administrative procedures within the jurisdiction of specialized agencies under provincial People's Committees, and administrative procedures within the jurisdiction of commune People's Committees assigned to be accepted at the district level.

4. At the commune level

The Receipt and Result Delivery Unit at the commune level shall accept administrative procedure files within the jurisdiction of the commune and administrative procedures within the jurisdiction of the district assigned to be accepted at the commune level.

5. Based on specific characteristics and management requirements for each field, the Minister, Head of a ministerial-level agency, and Chairman of the provincial People's Committee shall decide which administrative procedures will not be accepted at the One-Stop Shop Units specified in Clauses 1, 2, 3, and 4 of this Article but must apply the monitoring process for file acceptance, processing, and result delivery as stipulated in this Decree, including the following cases:

a) Administrative procedures organized to be implemented on a mobile basis as prescribed by law;

b) Administrative procedures with provisions for direct acceptance of files and immediate delivery of results at the time and place of inspection, review, and assessment outside the premises of the One-Stop Shop Unit for the inspected entity.

Article 15. Guidance on filing declarations and preparing administrative procedure files

1. Staff at the One-Stop Shop shall guide:

a) Documents and papers that organizations and individuals must submit when handling administrative procedures;

b) The process and time limit for handling administrative procedures;

c) The amount and method of payment for taxes, fees, charges, or other financial obligations (if applicable);

d) Providing relevant information and materials related to the implementation of administrative procedures upon request by organizations and individuals in accordance with the law.

The guidance content must be accurate, complete, and specific according to the currently effective regulatory legal documents, decisions publicly announcing administrative procedures by competent authorities on the National Administrative Procedure Database, and publicly disclosed at the location where administrative procedures are handled.

2. Guidance for organizations and individuals may be carried out through the following methods:

a) Direct guidance at the One-Stop Shop;

b) Guidance through a call center system or publicly announced dedicated phone number;

c) Online guidance on the National Public Service Portal, Ministry-level Public Service Portal, Provincial-level Public Service Portal, or through social media platforms permitted by authorized authorities;

d) By sending written guidance through postal services;

e) Through sample file folders, pre-prepared instructional videos, or other methods.

The guidance content is stored at the One-Stop Shop.

3. In cases where the list of documents in the administrative procedure file is incomplete compared to the publicly announced list under Clause 1 of this Article or if the documents have not been provided with sufficient information according to the prescribed forms by competent authorities, the staff receiving the administrative procedure file shall guide representatives of organizations and individuals to supplement and complete the file accurately once, in accordance with Clause 3 of Article 15 of this Decree, and clearly state the reasons on the Supplementary and Completion Request Form.

Article 16. Methods for Organizations and Individuals to Submit Files and Receive Results of Administrative Procedures

Organizations and individuals may submit files and receive results of administrative procedures through the methods stipulated in the legal regulatory documents governing administrative procedures:

1. Directly at the One-Stop Shop;

2. Through public postal services as prescribed by the Prime Minister, through hiring services from businesses or individuals, or through delegation as prescribed by law;

3. Online at the Ministry-level Public Service Portal, Provincial-level Public Service Portal.

Article 17. Receiving Administrative Procedure Files

1. For files received according to the methods prescribed in Clause 1 and Clause 2 of Article 16 of this Decree, staff receiving files at the One-Stop Shop must examine and check the accuracy and completeness of the files; scan and store electronic files, update them into the electronic single window information system database of ministries, sectors, and localities.

a) If the file is incomplete or inaccurate according to regulations, the staff receiving the file must guide representatives of organizations and individuals to supplement and complete the file in accordance with Clause 3 of Article 15 of this Decree and clearly state the reasons on the Supplementary and Completion Request Form;

b) If the file is refused, the staff receiving the file must clearly state the reasons on the Refusal to Process Administrative Procedure File Form;

c) If the file is complete and accurate according to regulations, the staff receiving the file will issue a Receipt for Submission of File and schedule a date to return the result.

2. For files submitted online through the Ministry-level Public Service Portal, Provincial-level Public Service Portal, staff receiving files at the One-Stop Shop must examine and check the accuracy and completeness of the files.

a) If the file is incomplete, inaccurate, or does not fall within the jurisdiction for resolution according to regulations, the staff receiving the file must notify, clearly stating the content, reasons, and provide detailed guidance once for organizations and individuals to supplement and complete the file accurately or send it to the competent authority;

The notification is implemented through the email function or message sending feature to citizens on the Ministry-level Public Service Portal, Provincial-level Public Service Portal;

b) If the organization's or individual's file is complete and valid, the staff at the One-Stop Shop will receive and transfer it to the competent authority for resolution according to the procedure stipulated in Article 18 of this Decree.

3. Each administrative procedure file, after being received, will be assigned a File Number recorded on the Receipt for Submission of File and scheduled return date. Organizations and individuals use the File Number to track the status of administrative procedure resolution on the National Public Service Portal, Ministry-level Public Service Portal, Provincial-level Public Service Portal.

4. In cases where administrative procedures require immediate results upon submission and resolution, if the file is complete, accurate, and meets the conditions for acceptance, the staff receiving the file need not issue a Receipt for Submission of File and schedule a return date but must update the situation and resolution results into the Electronic Single Window Information System; if the file submitter requests a Receipt for Submission of File and scheduled return date, the staff will provide it to the submitter.

5. In cases where staff at the One-Stop Shop are assigned or delegated by competent authorities to resolve, they shall follow the provisions of Article 19 of this Decree and update the situation and resolution results into the Electronic Single Window Information System.

Article 18. Transfer of Files to the Competent Authority for Resolution

Immediately upon receiving administrative procedures files in accordance with Article 17 of this Decree, the staff receiving the files shall transfer them to the competent authority for resolution as follows:

1. Transfer electronic file data received online from organizations and individuals to the competent authority for resolution through the connection between the Public Service Portal and the Single Window Electronic Information System at the ministry or provincial level.

2. Transfer files received directly on the same working day or at the beginning of the next working day if they are received after 15:00 each day.

3. In cases where the files received fall under the jurisdiction of another competent authority, the staff receiving the files shall transfer paper files and electronic files to the Single Window Unit of that competent authority on the same working day or at the beginning of the next working day if they are received after 15:00 each day for processing in accordance with regulations.

The transfer of files to the competent authority for resolution as stipulated in Clause 2 and Clause 3 of this Article shall be carried out through public postal services or other types of services ensuring economy, efficiency, and security of the files and documents.

Article 19. Resolution of Administrative Procedures

1. After receiving administrative procedure files, the head of the competent authority shall assign staff to process, examine, and appraise the files, submit for approval the results of resolving administrative procedures.

2. In cases where administrative procedures do not require verification, investigation of the files, or solicitation of opinions from related agencies or organizations, the staff assigned to process the files shall appraise them, submit for decision by the competent authority, update information into the Single Window Electronic Information System, and deliver the results of resolving administrative procedures.

3. In cases where verification and investigation of the files are required

a) Staff assigned to process the files shall verify and investigate, submit for decision by the competent authority, and update information into the Single Window Electronic Information System;

b) The verification and investigation process must be recorded in a file, stored in the database of the Single Window Electronic Information System, and kept at the resolution agency.

If the presence of organizations or individuals is required for verification and investigation of the files, information about the time, place, participants, and content of the investigation must be updated into the database of the Single Window Electronic Information System or notified to the Single Window Unit in cases where there is no Single Window Electronic Information System for monitoring.

4. For files that have not met the conditions for resolution after verification and appraisal, the competent authority for resolving administrative procedures shall return the files along with a written notification specifying the reasons and contents that need to be supplemented according to the Sample Form for Requesting Supplement and Completion of Files, sent to the organization or individual through the Single Window Unit. The time limit for notifying the return of the files shall not exceed three working days from the date of receipt of the files, except in cases where specific provisions regarding the time limit are stipulated by specialized laws. The resolution period shall be recalculated from the start after receiving all necessary files.

5. In cases where opinions of relevant agencies or units are required

a) The agency or unit primarily responsible for resolving the files or the Single Window Unit in cases where it has been delegated or authorized shall send electronic notifications or coordination documents to the relevant units, specifying the content requiring opinions and the deadline for providing opinions.

The process of soliciting opinions from relevant agencies or units must be regularly and fully updated on the Single Window Electronic Information System regarding the content, deadlines, and agencies soliciting opinions.

b) Agencies or units solicited for opinions shall be responsible for responding to the solicited content within the specified deadline and updating the content and results of participation in the opinion into the Single Window Electronic Information System or the Process Control Sheet. If an agency or unit solicited for opinions fails to provide a written or electronic response within the deadline, the primary agency or unit shall notify the head of the Single Window Unit who transferred the files about the delay to coordinate the handling.

6. In cases where files are processed through a linked procedure among competent authorities at the same administrative level

a) In cases where organizations or individuals submit paper files, the Single Window Unit shall determine the order of competent authorities for resolution, transfer paper files to the primary competent authority for resolution. The primary authority shall be responsible for processing, transferring files and results within its jurisdiction (if any) to the subsequent competent authority, including specifying the content of work, resolution deadlines for each authority in the Processing Transfer Form; updating processing information and processing transfer information into the Single Window Electronic Information System.

Competent authorities resolving files shall transfer results and files to the subsequent competent authority in the order determined by the Single Window Unit; the final competent authority shall transfer results and files to the primary competent authority; the primary authority shall transfer the results of resolving administrative procedures to the Single Window Unit to deliver the results to the organization or individual; update the situation and results of processing linked files into the Single Window Electronic Information System.

b) In cases where organizations or individuals submit electronic files, the Single Window Unit shall transfer electronic files to all participating authorities, clearly indicating the primary authority, responsibilities, content of work, and result delivery deadlines for each participating authority. Participating authorities resolving linked files shall process according to their jurisdiction, deliver results to the subsequent authority needing the results for further steps, and send to the Single Window Unit to deliver the results to the organization or individual; update the situation and results of processing linked files into the Single Window Electronic Information System.

7. In cases where files are processed through a linked procedure among competent authorities at different administrative levels

a) The single-window unit transfers paper files to the competent authority at a higher level; transfers information about administrative procedures on the electronic single-window information system to the single-window unit of the competent authority at a higher level for monitoring; transfers electronic file data to the competent authority for processing in accordance with regulations.

b) The competent authority at a higher level processes the file in accordance with Articles 1, 2, 3, 4, and 5 of this Article; transfers the resolution result to the single-window unit that received the file from the organization or individual to return the result according to the File Receipt Certificate and the date agreed for returning the result.

8. Files specified in Clauses 1 and 2 of this Article, after review, if they do not meet the conditions for resolution, the administrative procedure handling agency must return the file and notify in writing, clearly stating the reasons for not resolving the file using the Refusal to Resolve File Form to be sent to the organization or individual through the single-window unit. The notification is entered into the result delivery section of the electronic single-window information system. The notification period must be within the time limit for resolving the file as prescribed.

9. For overdue files, at least one day before the deadline, the competent authority or unit responsible for resolving the file must notify in writing to the single-window unit and send an apology letter to the organization or individual, specifying the reason for the delay, the requested extension time for delivering the result using the Request for Extension of Resolution Time Form. Rescheduling the result delivery date can only be done once.

Based on the Request for Extension of Resolution Time Form, the single-window unit adjusts the result delivery time on the electronic single-window information system, while simultaneously sending notifications to the organization or individual via email, text message, phone, or social media permitted by the competent authority (if applicable).

Article 20. Returning Files and Administrative Procedure Resolution Results

1. The administrative procedure resolution results returned to organizations or individuals must ensure completeness as required by the competent authority after completing the administrative procedure.

2. In cases where original copies or originals have been accepted for photocopying, comparison, and verification, the competent authority must return those original copies or originals to the organization or individual; the return time is governed by relevant laws.

3. Organizations or individuals receiving administrative procedure resolution results must do so at the time and place recorded on the File Receipt Certificate and the agreed date for returning the result; in cases of registering to receive results online, it shall be through the National or Provincial Public Service Portal.

4. Encouraging the early return of administrative procedure resolution results before the prescribed deadline. Early return of administrative procedure resolution results must be notified to organizations or individuals in advance through text messages, emails, phone calls, or social media permitted by the competent authority.

5. Administrative procedure resolution results for organizations or individuals are stored in the electronic single-window information system of the competent authority to serve the use and retrieval of information and data as prescribed by law.

Article 1u 21. Responsibilities of Relevant Authorities, Organizations, and Individuals in Handling Errors, Losses, Misplacements, or Damage to Files and Results, and in Delayed Result Deliverym piecesm of Relevant Authorities, Organizations, and Individuals in Handling Errors, Losses, Misplacements, or Damage to Files and Results, and in Delayed Result Deliveryc, individuals involved in the processing of files where the results are incorrect, lost, missing, damaged, or delayed in delivery

1. In cases where errors occur in administrative procedure resolution results, if the fault lies with civil servants, public officials, or the competent authority, these individuals or entities must correct, supplement, revoke, replace, or amend the errors and bear all related costs for correction, supplementation, revocation, replacement, or amendment.

2. In cases where files are lost, misplaced, or damaged during the administrative procedure process, the relevant authorities, organizations, or individuals must cooperate with the organizations or individuals whose files, documents were lost, misplaced, or damaged, and the competent authorities to mitigate consequences; identify the entity that caused the loss, misplacement, or damage to the file to assume responsibility for paying all resulting costs for reissuing files, documents, and other related responsibilities, and apologize to the organization or individual for the incident. If the loss, misplacement, or damage to the file is related to a violation of the law, the organization or individual committing the violation will be dealt with according to the law depending on the nature and severity of the violation.

3. Files and results delivered through public postal services that are lost, misplaced, or damaged are handled in accordance with the Prime Minister's regulations and relevant laws.

Article 22. Methods of Paying Fees and Charges

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) Directly depositing or transferring to the account of the postal service provider for public interest services to transfer to the competent authority in cases where administrative procedures are carried out through postal services for public interest or submitting applications online;

c) Online through the payment function for fees and charges on the Single Window Electronic Information System of ministries, sectors, and localities.

2. Organizations and individuals may choose other methods of paying fees and charges for administrative procedures as provided by law if approved by the competent authority.

3. In cases where payments are not made directly, proof of payment, bank transfer receipts for fees and charges for administrative procedures, or receipts for collecting fees and charges for administrative procedures (if applicable) shall be submitted with the application to the competent authority or person authorized to handle administrative procedures.

Chapter IV

APPLICATION OF INFORMATION TECHNOLOGY
IN ADMINISTRATIVE PROCEDURES

Article 1u 23. Principlesc 1n 2g 3 c 4o 5n 6 t 7r 8

1. Ensuring uniformity, effectiveness, synchronization, avoiding overlap and waste in investment and construction of information technology infrastructure from central to grassroots levels.

2. Ensuring compliance with the Vietnam E-Government Architecture Framework; national technical standards on the structure of identification codes and data packet formats serving the connection of management systems for official documents; national technical standards on the structure of citizen data messages exchanged with the national population database.

3. Ensuring connectivity and sharing of information between information systems of state agencies; the ability to receive, connect, and share information between the competent authority handling administrative procedures and organizations and individuals requiring the implementation of administrative procedures through electronic means, communication networks, social media permitted by authorized authorities.

4. Compliance with laws on investment, construction, information technology, archiving, security, and safety of information, and other relevant laws.

Article 24. Construction of the National Public Service Portal

1. The National Public Service Portal shall be constructed and uniformly managed by the Government Office based on integrating and exchanging data on administrative procedures and application files for administrative procedures with the National Database on Administrative Procedures, national databases, specialized databases, and integrating online public services with the Single Window Electronic Information System at the ministry and provincial levels.

2. Requirements for constructing the National Public Service Portal

a) Serving as the main source of information and support for organizations and individuals in implementing administrative procedures and online public services; supporting information search, monitoring the status of administrative procedure resolution, and searching results of administrative procedure resolution and evaluation of administrative procedure resolution; publicly disclosing the results of administrative procedure processing and online public services;

b) Being a customizable portal solution that ministries, sectors, and localities can apply and use as a foundation for building departmental and provincial-level Public Service Portals;

c) Allowing organizations and individuals to register accounts for use; providing single sign-on functionality and user authentication mechanisms to perform administrative procedures at departmental and provincial-level Public Service Portals;

d) Integrating with the National Database on Administrative Procedures to access administrative procedure data and application file data of organizations and individuals, ensuring uniformity and synchronization;

e) Compiling and statistically analyzing the receipt of applications and the situation of administrative procedure resolution according to the requirements of the competent authority;

f) Other requirements as decided by the Prime Minister.

3. The Minister of Information and Communications shall issue national technical standards on the structure and data format of packets serving the connection of single window electronic information systems, the National Public Service Portal, and related specialized databases during the process of handling administrative procedures by ministries, sectors, and localities.

Article 25. Construction of the Public Service Portal and the Single Window Information System at the ministerial level and provincial level

1. The Public Service Portal and the Single Window Information System at the ministerial level and provincial level must be constructed centrally and uniformly to receive and process administrative procedures, provide online public services within the authority to resolve such procedures of ministries, ministerial-level agencies, and all levels of People's Committees.

2. Requirements for the Public Service Portal and the Single Window Information System at the ministerial level and provincial level

a) Ensuring uniformity during investment and construction, adhering to the principle that each ministry, sector, and locality shall have only one centralized Public Service Portal and Single Window Information System to receive and process administrative procedures, provide online public services within their respective authorities;

b) Ensuring integration capabilities with the National Database on Administrative Procedures, national databases, and specialized databases to access administrative procedure data of ministries, ministerial-level agencies, and provincial-level People's Committees;

c) Supporting and guiding organizations and individuals to register for online administrative procedures; receiving and entering electronic information of administrative procedure files registered by organizations and individuals according to all methods prescribed in Article 16 of this Decree;

d) Supporting verification of citizen and business information through connection with the National Population Database, the National Enterprise Registration Database, and other related databases; supporting online tax, fee, and charge payment through connection with the National Central Payment Gateway or other legitimate online payment systems;

đ) Providing information on the status and results of administrative procedure resolution at primary administrative procedure resolution units at various levels;

e) Allowing organizations and individuals to evaluate the progress and quality of administrative procedure reception and resolution;

g) Sharing information on the status of administrative procedure resolution, verified file components, and results of resolved administrative procedures that have been digitized to the database of the National Public Service Portal;

h) Other requirements as stipulated by law.

3. Ministries, sectors, and localities organize the conversion of paper files and documents related to the resolution of organizational and individual administrative procedures into electronic files and develop digitalization processes for administrative procedure resolution on the Single Window Information System.

4. Ministries, sectors, and localities manage the accounts for using online public services of organizations and individuals; they are responsible for securing and retaining information of organizations and individuals except when required to provide such information to authorized agencies as prescribed by law.

5. Ministries, sectors, and localities without conditions to construct a Public Service Portal will implement construction based on the infrastructure and software of the National Public Service Portal.

6. The State Bank of Vietnam constructs and operates the National Central Payment Gateway, ensuring connectivity with the National Public Service Portal and the Single Window Information System at the ministerial and provincial levels so that organizations and individuals can make online payments for fees and charges.

7. The Ministry of Public Security operates and connects the National Population Database with the National Public Service Portal and the Single Window Information System at the ministerial and provincial levels to support citizen information verification.

8. The Ministry of Planning and Investment operates and connects the National Enterprise Registration Database with the National Public Service Portal and the Single Window Information System at the ministerial and provincial levels to support business information verification.

Article 26. Administrative Procedure File Number

1. The administrative procedure file number is automatically assigned by the Electronic One-Stop Portal System and is uniformly used in transactions between agencies, units and organizations, individuals, and among agencies and units.

2. The structure of the administrative procedure file number includes:

a) The unique code of the competent authority receiving the administrative procedure.

The identification code structure according to the "National Technical Regulation on Identification Code Structure and Data Package Format for Connecting Management Information Systems";

b) A natural number sequence including the date, month, year of receipt, and the sequential number of the received file on that day.

Chapter V

EVALUATION OF ADMINISTRATIVE PROCEDURE HANDLING

Article 27. Principles of Evaluation

1. Objectivity, honesty, accuracy, scientific approach, transparency, openness, fairness, equality, compliance with laws in the evaluation process and publication of evaluation results.

2. Satisfaction of organizations and individuals regarding the quality and progress of administrative procedure handling and the outcomes and effectiveness of task implementation serve as the measurement criteria for evaluation.

3. Confidentiality of information provided by organizations and individuals who cooperate in surveys to collect evaluation opinions.

Article 28. Authority for Evaluation

1. Higher-level agencies evaluate the quality of administrative procedure handling within the jurisdiction of subordinate agencies and units.

2. Organizations and individuals conducting transactions and implementing administrative procedures evaluate the quality and progress of administrative procedure handling.

3. Agencies and persons responsible for administrative procedure handling self-evaluate their own performance.

4. The Government Office evaluates administrative procedure handling at ministries, ministerial-level agencies, provincial People's Committees, and centrally-administered municipalities.

5. Political-social organizations, occupational associations, and other organizations conduct evaluations of administrative procedure implementation through independent social surveys based on the content, programs, and plans of these organizations.

Article 29. Methods of Collecting Evaluation Information

1. Information for evaluating administrative procedure handling is collected through the following methods:

a) Regular and periodic evaluation forms;

b) Electronic evaluation devices at One-Stop Service Units;

c) Online evaluation functions on the Electronic One-Stop Portal System at the ministry and provincial levels;

d) Surveillance camera systems;

đ) Opinions from organizations and individuals sent to suggestion boxes or feedback via paper or electronic means;

e) Independent social surveys conducted regularly or periodically;

g) Other lawful methods.

2. Information for evaluation as stipulated in Clause 1 of this Article is connected to the Electronic One-Stop Portal System and made public on the National Public Service Portal. The Ministry's, sectoral agency's, or provincial People's Committee's office (the entity responsible for administrative procedure control) aggregates and evaluates according to the criteria specified in Articles 30 and 31 of this Decree and makes it public on the ministry and provincial Public Service Portals.

3. Information for evaluation from independent social surveys as stipulated in Point e of Clause 1 of this Article is regularly conducted through telephone surveys, online surveys, or through mobile applications, tablet apps, and social media platforms approved by competent authorities or coordinated with other independent social surveys with similar content;

The Ministry's, sectoral agency's, or provincial People's Committee's office aggregates and evaluates the results of independent social surveys and makes them public on the ministry and provincial Public Service Portals.

4. Units, agencies, and organizations tasked with collecting information for evaluation have the responsibility to encourage, guide, and assist disadvantaged groups such as women, the poor, ethnic minorities, and people with disabilities to participate in submitting evaluation opinions and participating in social surveys.

Article 30. Internal Assessment of Administrative Procedure Handling

1. The internal assessment of administrative procedure handling shall be conducted through software installed at the One-Stop Service Center to evaluate the compliance of the handling process with the law.

2. The criteria for internal assessment include:

a) The circulation process of files in accordance with regulations;

b) The quality of handling at each department according to the contents specified in points a, d, e, g, h, and i of Clause 1, Article 31 of this Decree;

c) The ratio of files processed within the prescribed time limit out of the total number of received files in accordance with regulations.

3. The Office of Ministries, Sectoral Agencies, and People's Committees at provincial level shall be responsible for compiling the results of the internal assessment from the software to prepare annual reports to the Government Office and publicly disclose the results of the internal assessment on the electronic information websites of ministries, sectoral agencies, and localities.

Article 31. Assessment of Organizations and Individuals on Administrative Procedure Handling

1. The handling of administrative procedures at competent authorities shall be evaluated based on the opinions of organizations and individuals regarding the following contents:

a) The time taken to provide the outcome of the administrative procedure handling compared to the regulations or requirements of the leading agency;

b) The number of agencies, units, and organizations required to be contacted to complete the administrative procedure file;

c) The number of times contact was made with the receiving agency to complete the administrative procedure file;

d) The accuracy, completeness, and timeliness of publicized administrative procedure information compared to the regulations;

đ) The attitude and conduct of officials, civil servants, and employees guiding, receiving files, and handling administrative procedures;

e) The compliance of the administrative procedure handling outcomes with the law and the costs incurred in implementing the administrative procedures; additional costs outside the legal regulations when performing administrative procedures;

g) The time and quality of explanations provided by the competent authority, officials, civil servants, and employees in response to feedback, suggestions, complaints, and accusations from organizations and individuals;

h) The progress and quality of online public service provision by the competent authority;

i) Other contents as assessed by organizations and individuals.

2. Publicizing the results of the assessment by organizations and individuals shall be carried out in accordance with Clause 2, Article 29 of this Decree.

Article 32. Handling of Assessment Results

1. The results of the satisfaction assessment of organizations and individuals with the administrative procedure handling by the competent authority shall be disclosed at the agency and on the electronic information website of the competent authority handling the administrative procedures.

2. The assessment results serve as one of the standards for evaluating the completion of tasks by agencies and units receiving and handling administrative procedures; determining the responsibility of individuals and heads of agencies and units receiving and handling administrative procedures; prioritizing consideration for promotion, appointment, planning, training, and development, and considering commendation and disciplinary action for officials, civil servants, employees, and workers.

Chapter VI

TASKS OF THE PRIME MINISTER OF THE GOVERNMENT

AND OF MINISTRIES, SECTORAL AGENCIES, AND LOCALITIES

Article 33. Tasks of the Prime Minister

1. Leading, directing, issuing plans, urging, and inspecting the implementation of this Decree at ministries, sectoral agencies, and localities; promptly resolving difficulties and obstacles during the implementation of this Decree.

2. Issuing the Regulation on Management, Operation, and Exploitation of the National Public Service Portal.

3. Deciding on the implementation of interconnection among related administrative procedures, administrative procedures of agencies organized under the vertical system located in localities being received at Provincial Public Service Centers, District Receiving and Result Delivery Units.

4. Other tasks as stipulated by law.

Article 34. Tasks of Ministries and Ministerial-Level Agencies

1. Office of the Government

a) Assist the Prime Minister in urging, inspecting the implementation of this Decree at ministries, sectors, and localities;

b) Take the lead and coordinate with the Ministries of Home Affairs, Information and Communications, Finance, Planning and Investment, and other ministries and localities to build and submit to the Prime Minister for issuance a Plan to implement this Decree; guide, inspect, and urge the establishment and operation of One-Stop Shops of ministries and ministerial-level agencies, People's Committees at all levels;

c) Develop and issue forms for implementing the single window mechanism, interlinked single window mechanism in administrative procedures, information collection tools for evaluation, scoring tools, sociological surveys, and other methods to evaluate the handling of administrative procedures at state agencies at all levels;

d) Build, manage, and organize the operation of the National Public Service Portal; coordinate with the Ministry of Information and Communications and relevant agencies to ensure information security; submit to the Prime Minister for issuance the Regulations on management, operation, and exploitation of the National Public Service Portal;

đ) Coordinate with ministries, sectors, and localities to train staff working on the single window and interlinked single window mechanisms;

e) Recommend to the Prime Minister to assign ministries and ministerial-level agencies to take the lead in building regulations for interlinking administrative procedures that are related to each other for submission to competent authorities for issuance;

g) Coordinate with ministries having agencies organized under a vertical system located in localities to select administrative procedures received at provincial-level Public Service Centers, district-level Reception and Result Delivery Units for submission to the Prime Minister;

h) Annually compile and assess the handling of administrative procedures by ministries, ministerial-level agencies, provincial-level People's Committees, centrally-administered city People's Committees, report to the Government and the Prime Minister;

i) Take the lead and coordinate with the Ministry of Information and Communications and relevant ministries, sectors, and agencies to develop and issue unified regulations on file numbers for administrative procedures and sectoral codes for administrative procedures on the electronic single window information system at the ministry and provincial levels;

2. The Ministry of Home Affairs

a) Take the lead and coordinate with the Ministry of Finance to provide guidance on the regime and policies for civil servants working at One-Stop Shops;

b) Take the lead and coordinate with the Office of the Government, the Ministry of Information and Communications, and relevant ministries and agencies to provide guidance on the storage of files and electronic data;

3. Ministry of Information and Communications

In addition to the tasks assigned in Clause 3, Article 24 of this Decree, the Ministry of Information and Communications shall perform the following tasks:

a) Provide unified guidance on connecting and providing information from single window information systems nationwide;

b) Issue criteria and unified regulations in building the National Public Service Portal and the electronic single window information system at the ministry and provincial levels;

c) Take the lead and coordinate with the Office of the Government and the Ministry of Public Security to implement monitoring measures and information security measures for the National Public Service Portal; guide ministries, sectors, and localities to ensure information security for the National Public Service Portal and the electronic single window information system at the ministry and provincial levels;

4. The Ministry of Finance

Issue regulations on expenditure levels serving activities to implement the single window and interlinked single window mechanisms in handling administrative procedures;

5. Ministries and ministerial-level agencies are responsible for implementing the single window and interlinked single window mechanisms within their own agencies in accordance with the provisions.

Article 35. Duties of the Minister, Head of an equivalent ministry

1. Direct the implementation of the single window mechanism and the interlinked single window mechanism as prescribed in this Decree; establish and manage the Government Service Portal and the electronic single window information system of the ministry or sector.

2. Publish the list of administrative procedures accepted and not accepted at the Single Window Unit within the authority of the ministry or sector; the list of administrative procedures accepted online on the Government Service Portal of the ministry or sector; the list of administrative procedures within the authority of the ministry or sector delegated to provincial People's Committees for acceptance.

3. Issue regulations on the organization and operation of the Single Window Unit, regulations on the operation of the Government Service Portal and the electronic single window information system as prescribed in this Decree.

4. Guide localities in handling administrative procedures under the interlinked mechanism within the scope of management of the ministry or sector to ensure uniform application nationwide.

5. Direct the development and issuance of internal procedures and electronic procedures for handling each administrative procedure within the scope of implementation of the ministry or sector.

6. Direct agencies organized under the vertical system located in localities to accept, handle, and deliver results of administrative procedures at the Provincial and District Single Windows, and coordinate with state agencies at the locality level in handling administrative procedures.

7. Regularly propose administrative procedures to be implemented interlinked and develop, submit to the Government and the Prime Minister for issuance of procedures for implementing interlinked administrative procedures. Ministries and sectors responsible for accepting and delivering results of interlinked administrative procedures shall publish interlinked administrative procedures after they have been issued by the competent authority.

8. Promptly direct, correct, and strictly deal with heads of subordinate agencies and units, civil servants, and public officials who fail to strictly implement the provisions of this Decree, leading to violations related to guidance, acceptance, handling, delivery of results, and evaluation of administrative procedure handling.

9. Promptly take measures regarding personnel work to motivate and encourage staff working at the Single Window based on the satisfaction level assessment of individuals and organizations.

Article 36. Duties of People's Committees at all levels

1. Organize the implementation of the single window and interlinked single window mechanisms as prescribed in this Decree; bear responsibility before the People's Councils at the same level and higher-level administrative state agencies for the implementation and organization of legal provisions on handling administrative procedures through the single window and interlinked single window mechanisms at state agencies in the locality.

2. Issue regulations on the organization and operation of the Single Window as prescribed in this Decree.

3. The People's Committee of a province issues regulations on the operation of the provincial or centrally-administered city Government Service Portal and electronic single window information system.

4. The People's Committee of a province directs the development and issuance of internal procedures and electronic procedures for handling each provincial, district, and commune-level administrative procedure to ensure uniform implementation throughout the locality.

Article 37. Duties of the Chairperson of People's Committees at all levels

1. Chairperson of the People's Committee at provincial level

a) Directly lead, direct, inspect, urge the implementation of the single window mechanism and inter-connected single window mechanism at the local level in accordance with this Decree and the operational regulations of the Single Window Office issued by the same-level People's Committee;

b) Be responsible before the same-level People's Council and higher-level administrative state agencies for the results and progress in handling administrative procedures under the single window and inter-connected single window mechanisms within the jurisdiction of the locality;

c) Announce the list of administrative procedures that will be accepted at the Single Window Office of competent authorities at the same level and those that can be delegated to other levels for acceptance; the list of administrative procedures that can be received online on the Provincial Public Service Portal;

d) Direct the construction and unified management of the provincial electronic single window information system; organize measures to ensure information security in accordance with guidelines from the Ministry of Information and Communications;

đ) Promptly direct, correct and strictly handle heads of specialized agencies at the provincial level, Chairpersons of People's Committees at district and commune levels, officials, civil servants, employees who fail to strictly implement the provisions of this Decree, resulting in violations related to guidance, acceptance, handling, issuance of results, and evaluation of administrative procedures;

e) Timely take measures to motivate and encourage staff working at single window offices at all levels based on the satisfaction ratings of organizations and individuals.

2. Chairperson of the People's Committee at district and commune levels

a) Directly direct the implementation of the single window and inter-connected single window mechanisms at the local level in accordance with this Decree and the operational regulations of the Single Window Office issued by the same-level People's Committee;

b) Be responsible before the same-level People's Council and higher-level administrative state agencies for the results and progress in handling administrative procedures under the single window and inter-connected single window mechanisms within the jurisdiction of the locality;

c) Promptly correct and strictly handle officials, civil servants, employees who violate the provisions of this Decree;

d) Apologize to individuals and organizations when officials, civil servants, employees under their authority violate prohibitive actions in handling administrative procedures as stipulated in this Decree, causing public dissatisfaction.

Chapter VII

EXPENSES AND RESPONSIBILITY FOR IMPLEMENTATION

Article 38. Expenses for Implementation

1. Expenses for implementing the single window and inter-connected single window mechanisms of ministries, agencies equivalent to ministries, and localities shall be budgeted within the total regular expenses for state management activities of ministries, sectors, and localities annually according to the laws on state budget.

2. Investment expenses for constructing, renovating, repairing, maintaining, or leasing premises of the Single Window Office, and infrastructure for information technology shall be implemented in accordance with the laws on public investment and tendering, construction, information technology, and other relevant laws.

3. In addition to expenses guaranteed by the state budget, ministries, agencies equivalent to ministries, and People's Committees of provinces and centrally-administered cities may use other legitimate sources to implement the single window and inter-connected single window mechanisms within their management scope.

4. Expenses for applying the single window and inter-connected single window mechanisms in public service units, state-owned enterprises, and other agencies and organizations shall be self-funded by these agencies and organizations.

Article 39. Transitional Provisions

1. When implementing the procedures for receiving, transferring for processing, and handling administrative procedures as stipulated in Articles 17, 18, 19, and 20 of this Decree, in places where the electronic single window information system has not yet been completed, officials and civil servants receiving files shall enter information into the File Tracking Register, issue a file number to organizations and individuals according to the structure specified in Article 26 of this Decree, establish and monitor the handling process through the Process Control Sheet; officials and civil servants handling the procedures shall update the transfer and handling process of administrative procedures on the Process Control Sheet.

2. Provinces that have been permitted by the Prime Minister to pilot the establishment of Administrative Service Centers shall continue to operate until the end of the pilot period, then switch to implementing this Decree.

Article 40. Effective Date

1. This Decree takes effect from June 21, 2018.

2. Decision No. 09/2015/QD-CP dated March 25, 2015 of the Prime Minister promulgating the Regulations on Implementing the Single Window and Inter-Connected Single Window Mechanisms in Handling Administrative Procedures at Local Administrative State Agencies shall cease to be effective from the date this Decree takes effect.

3. The acceptance of files and papers related to the handling of administrative procedures under the single window and inter-connected single window mechanisms for organizations and individuals shall be carried out in accordance with this Decree; the provisions on accepting incoming documents in Articles 13, 14, and 15 of Decree No. 110/2004/NĐ-CP dated April 8, 2004 of the Government on archival work shall not be implemented.

Article 41. Responsibility for Implementation

1. The Office of the Government shall guide, monitor, urge, and inspect the implementation of this Decree; report periodically annually or urgently to the Government and the Prime Minister.

2. The Ministers, Heads of agencies equivalent to Ministries, Heads of government agencies, Chairpersons of People's Committees of provinces and centrally-administered cities, and related agencies, organizations, and individuals are responsible for enforcing this Decree./.