Decree No. 63/2010/ND-CP on Administrative Procedure Control

DECREE

On administrative procedures control

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­­­­­­­­GOVERNMENT

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

Pursuant to the Law on Issuing Normative Legal Documents dated June 3, 2008;

Pursuant to the Law on Issuing Legal Regulatory Documents of People's Councils and People's Committees dated December 3, 2004;

Considering the proposal of the Minister, Chairman of the Government Office.

DECREE:

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates on controlling the establishment, implementation, review, and evaluation of administrative procedures and managing the National Database on Administrative Procedures.

2. This Decree does not regulate:

a) Internal administrative procedures within each administrative state agency, between administrative state agencies that are not related to handling administrative procedures for individuals and organizations;

b) Administrative violation handling procedures; inspection procedures and administrative procedures containing state secrets.

Article 2. Applicability

This Decree applies to administrative state agencies, authorized persons, organizations, and individuals involved in administrative procedure control activities.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. "Administrative procedure"is the sequence, method of implementation, dossier, and requirements, conditions prescribed by state agencies or authorized persons to resolve a specific matter related to individuals and organizations.

2. “Implementation procedureis the order of steps carried out by the subject and the administrative procedure implementing agency in resolving a specific matter for individuals and organizations.

3. “Fileis the types of documents that the administrative procedure subject must submit or present to the authorized agency before the administrative procedure implementing agency resolves a specific matter for individuals and organizations.

4. "Requirements, conditionsare demands that the administrative procedure subject must meet or perform when carrying out a specific administrative procedure.

5. “Administrative procedure controlis the examination, assessment, and monitoring aimed at ensuring the feasibility of administrative procedure regulations, meeting transparency requirements during the organization and implementation of administrative procedures.

6. “National Database on Administrative Procedures” is a collection of information about administrative procedures and legal documents regulating administrative procedures, built, updated, and maintained on the Government's electronic administrative procedure information website to meet transparency requirements in state administrative management, facilitating organizations and individuals' access and use of official administrative procedure information.

Article 4. Principles of administrative procedure control

1. Administrative procedure control must ensure effective implementation of the goal of administrative procedure reform and administrative reform; ensuring coordination and mobilizing active and broad participation of all agencies, organizations, and individuals in the administrative procedure control process.

2. Timely identification and elimination or modification of unsuitable, complex, and burdensome administrative procedures; supplementing necessary administrative procedures to meet practical needs; ensuring that administrative procedure regulations are simple, understandable, easy to implement, saving time, costs, and effort of both the subjects and the implementing agencies.

3. Administrative procedure control shall be conducted immediately upon drafting administrative procedure regulations and continuously throughout the implementation process.

Article 5. Administrative procedure control agencies and units

1. The administrative procedure control agency under the Government Office is responsible for organizing the implementation of administrative procedure control and managing the National Database on Administrative Procedures nationwide in accordance with this Decree.

The head of the administrative procedure control agency is appointed and relieved of duty by the Minister, Chairman of the Government Office.

2. The Ministry Office and equivalent ministries are responsible for organizing the implementation of administrative procedure control within their respective state management functions in accordance with this Decree.

4. The Prime Minister shall specify the functions, tasks, powers, and organizational structure of the administrative procedure control agency.

5. The Minister, Chairman of the Government Office, in collaboration with the Minister of Home Affairs, shall guide the functions, tasks, and staffing of the administrative procedure control units within the Ministry Offices, equivalent ministries, and the People's Committee Offices of provinces and centrally governed cities.

Article 6. Prohibited Acts

1. Strictly prohibit civil servants assigned to implement administrative procedures from engaging in the following acts:

a) Disclosing information about file materials and related business secrets, personal secrets of the administrative procedure subject known during the implementation of administrative procedures, except where the administrative procedure subject consents in writing or otherwise provided by law; using such information to infringe upon the lawful rights and interests of others;

b) Refusing to implement, delaying the implementation time, or arbitrarily requesting additional documents beyond the prescribed requirements without clearly stating the reasons in writing;

c) Being rude, exercising authority arbitrarily, harassing, causing inconvenience, or creating difficulties for the administrative procedure subject; exploiting procedural regulations and procedural issues to gain personal benefits;

d) Accepting money or gifts in any form from the administrative procedure subject when receiving or processing administrative procedures outside the officially announced fees and charges for administrative procedures;

đ) Shifting responsibility, lacking cooperation, being slow, or obstructing the performance of assigned tasks.

2. Strictly prohibit the administrative procedure subject from obstructing the activities of state agencies or authorized persons; offering bribes or using other means to deceive state agencies or authorized persons during the implementation of administrative procedures.

3. Strictly prohibit any agency, organization, or individual from obstructing administrative procedure control activities.

Chapter II
REGULATIONS ON ADMINISTRATIVE PROCEDURES

Article 7. Principles for Administrative Procedure Regulations

Administrative procedures must be established in accordance with the following principles:

Article 8. Requirements for Establishing Administrative Procedures

1. Administrative procedures as prescribed in this Decree must be stipulated in legal normative documents issued by the Government or submitted to the National Assembly, the Standing Committee of the National Assembly; or issued by the Prime Minister, Ministers, Heads of ministerial-level agencies, People's Committees of provinces and centrally governed cities.

2. The establishment of a specific administrative procedure is only considered complete when it fully satisfies the following basic components:

a) Name of the administrative procedure;

b) Implementation process;

c) Methods of implementation;

d) File;

đ) Time limit for resolution;

e) Subjects implementing the administrative procedure;

g) Administrative procedure implementing agency;

h) Outcome of the administrative procedure;

i) In cases where an administrative procedure requires application forms, administrative declaration forms, result forms, requirements, conditions, fees, and charges, these forms, requirements, conditions, fees, and charges constitute parts of the administrative procedure.

If a specific administrative procedure includes requirements and conditions as specified in point i of Clause 2 of this Article, then these requirements and conditions must be stipulated in legal normative documents within the issuance authority of the Government or the Prime Minister. For requirements and conditions expressed in technical standards, they must be stipulated in legal normative documents within the issuance authority of Ministers or Heads of ministerial-level agencies.

4. A specific administrative procedure stipulated in legal normative documents within the issuance authority of Ministers, Heads of ministerial-level agencies, or People's Committees of provinces and centrally governed cities must clearly define the remaining components of the administrative procedure.

If an administrative procedure involves application forms or administrative declaration forms, then the templates for these forms must be stipulated in legal normative documents within the issuance authority of Ministers or Heads of ministerial-level agencies.

5. When the National Assembly, the Standing Committee of the National Assembly, the Government, or the Prime Minister delegate or authorize Ministries, ministerial-level agencies, or People's Committees of provinces and centrally governed cities to establish or guide the establishment of administrative procedures, these entities must ensure comprehensive stipulation, detailed guidance, and specific elaboration on the components of the administrative procedure as prescribed in Clause 2 of this Article.

Article 9. Soliciting opinions on administrative procedures stipulated in draft projects and draft normative legal documents

1. Before submitting for review, the agency assigned to draft the main document must solicit opinions from agencies and units responsible for supervising administrative procedures according to the following provisions:

a) Solicit opinions from the Administrative Procedure Supervision Agency regarding administrative procedures stipulated in draft normative legal documents submitted to the National Assembly, the Standing Committee of the National Assembly, draft normative legal documents within the promulgation authority of the Government, the Prime Minister, and draft joint circulars of Ministries and equivalent agencies;

b) Solicit opinions from the Office of the Ministry or equivalent agency regarding administrative procedures stipulated in draft normative legal documents within the promulgation authority of the Minister or Head of an equivalent agency;

c) Solicit opinions from the Office of the People's Committee of provinces and centrally governed cities regarding administrative procedures stipulated in draft normative legal documents within the promulgation authority of the People's Committee of provinces and centrally governed cities.

2. The file for soliciting opinions includes:

a) The document requesting comments, specifying the issues requiring opinions on administrative procedure regulations, and clearly identifying the criteria achieved for the administrative procedures mentioned in Clauses 2 and 3 of Article 10 of this Decree;

b) Draft project or draft document containing administrative procedure regulations;

c) Impact assessment report as stipulated in Article 10 of this Decree.

3. Agencies and units implementing administrative procedure supervision as stipulated in Article 5 of this Decree shall be responsible for organizing the solicitation of opinions from relevant agencies, organizations, and affected entities through consultation meetings, conferences, seminars, or opinion solicitation forms developed and published by the Administrative Procedure Supervision Agency on the National Database of Administrative Procedures to compile and submit the collected opinions to the main drafting agency.

The time limit for soliciting opinions on administrative procedure regulations shall be implemented as follows:

a) Within twenty (20) working days from the date of receipt of complete documents for soliciting opinions, the Administrative Procedure Supervision Agency shall be responsible for organizing the solicitation of opinions, compiling the opinions, and sending the participation opinion document to the main drafting agency;

b) Within ten (10) working days from the date of receipt of complete documents for soliciting opinions, the Office of the Ministry or equivalent agency, and the Office of the People's Committee of provinces and centrally governed cities shall be responsible for organizing the solicitation of opinions, compiling the opinions, and sending the participation opinion document to the main drafting agency.

4. The main drafting agency shall be responsible for studying and adopting the opinions provided by the agencies solicited under Clause 1 of this Article. In cases where the opinions are not adopted, the main drafting agency must provide specific explanations.

The adoption and explanation of opinions on administrative procedure regulations in draft projects and draft documents must be reflected as a separate section in the document on adoption and explanation. The document on adoption and explanation must be sent to the agencies solicited under Clause 1 of this Article.

Article 10. Impact Assessment of Administrative Procedures

1. The agency assigned to draft normative legal documents containing administrative procedure regulations must organize the impact assessment of administrative procedure regulations according to the following criteria:

a) The necessity of the administrative procedure;

b) The rationality of the administrative procedure;

c) The legality of the administrative procedure;

d) Compliance costs of the administrative procedure.

2. The impact assessment of administrative procedures shall be conducted using the forms issued in Appendices I, II, and III of this Decree and published by the Administrative Procedure Supervision Agency on the National Database of Administrative Procedures.

The Administrative Procedure Supervision Agency shall be responsible for guiding the completion of the impact assessment forms and the calculation of compliance costs for administrative procedures. If necessary, the Administrative Procedure Supervision Agency may supplement additional evaluation criteria to ensure the quality of administrative procedure regulations.

3. In cases where administrative procedures are amended or supplemented, in addition to assessing the contents specified in Clause 2 of this Article, the main drafting agency must clearly explain the simplicity and advantages of the amended or supplemented administrative procedures.

Article 11. Examination of Administrative Procedure Provisions

1. The agency responsible for examining normative legal documents shall examine and supplement the examination report on the results of the examination of administrative procedures stipulated in the draft normative legal documents according to the provisions on examination responsibilities under the law on promulgating normative legal documents.

Where necessary, the agency responsible for examining normative legal documents may invite the administrative procedure control agency at the same level to participate in the examination of the content of administrative procedures stipulated in the draft normative legal documents.

2. The content of the examination of administrative procedure provisions focuses on reviewing the issues prescribed in Articles 7 and 8 of this Decree.

The documents submitted for examination include: in addition to the documents required by the law on promulgating normative legal documents, the submitting agency must also provide an impact assessment of administrative procedures as prescribed in Article 10 of this Decree and a report explaining the adoption of comments from agencies, units, organizations, individuals, including comments from the administrative procedure control agency.

The examination agency will not accept documents for examination if the draft normative legal document containing administrative procedures does not have an impact assessment of administrative procedures and comments from the administrative procedure control agency.

4. The authority, procedure, and time limit for examination shall be carried out in accordance with the provisions of the law on promulgating normative legal documents.

Chapter III
IMPLEMENTATION OF ADMINISTRATIVE PROCEDURES

Article 12. Principles for Implementing Administrative Procedures

1. Ensuring transparency in the implementation of administrative procedures.

2. Ensuring objectivity and fairness in the implementation of administrative procedures.

3. Ensuring connectivity, timeliness, accuracy, and avoiding inconvenience in the implementation of administrative procedures.

4. Ensuring the right to reflect and make suggestions regarding administrative procedures for individuals and organizations.

5. Emphasizing the responsibility of civil servants in handling matters for individuals and organizations.

Article 13. Authority to Publish Administrative Procedures

To handle matters for individuals and organizations, administrative procedures must be published in the form of a decision as follows:

1. The Minister, Head of a ministry-level agency publishes administrative procedures prescribed in normative legal documents concerning the industry or field within the scope of management functions of the ministry or ministry-level agency;

2. The Chairman of the People's Committee of a province or centrally governed city publishes administrative procedures within the jurisdiction of the authorities at various levels in the province or centrally governed city.

3. The head of an agency or unit entrusted or authorized by a higher state agency to issue guiding documents for handling matters for individuals and organizations shall publish administrative procedures within the jurisdiction of the agency or unit.

Article 14. Scope of Publication of Administrative Procedures

1. All administrative procedures after issuance, amendment, supplementation, replacement, abolition, or revocation must be publicly announced.

2. Public announcement of administrative procedures includes: announcing newly issued administrative procedures; announcing amended, supplemented, or replaced administrative procedures; and announcing abolished or revoked administrative procedures.

a) Announcing newly issued administrative procedures means providing information about the administrative procedures as prescribed in Clause 1, Article 15 of this Decree;

b) Announcing amended, supplemented, or replaced administrative procedures means providing information related to the amendments, supplements, or replacements of the administrative procedures as prescribed in Clause 2, Article 15 of this Decree;

c) Announcing abolished or revoked administrative procedures means removing the content of information about the administrative procedures that have been entered into the National Database on Administrative Procedures as prescribed in Clause 3, Article 15 of this Decree.

Article 15. Decision on Publishing Administrative Procedures

The decision on publishing administrative procedures must be issued at the latest ten (10) working days before the date when the legal normative document stipulating the administrative procedure becomes effective.

The content of the decision on publishing administrative procedures shall be as follows:

1. For decisions on publishing new administrative procedures, the content of the decision shall include:

a) The components of the administrative procedure as prescribed in Clause 2, Article 8 of this Decree;

b) The legal normative document stipulating the administrative procedure;

c) The location and time for implementing the administrative procedure.

2. For decisions on publishing administrative procedures that have been amended, supplemented, or replaced, in addition to containing the information prescribed in Clause 1 of this Article, the content of the decision must clearly specify which part of the administrative procedure has been amended, supplemented, or replaced; the legal normative document stipulating the amendment, supplementation, or replacement of the administrative procedure.

3. For decisions on publishing administrative procedures that have been revoked or abolished, the content of the decision must clearly specify the name of the administrative procedure that has been revoked or abolished; in cases where the administrative procedure has been published on the National Database of Administrative Procedures, the decision must clearly state the number and code of the administrative procedure file; the legal normative document stipulating the revocation or abolition of the administrative procedure.

Article 16. Publicizing Administrative Procedures

Information about administrative procedures that have been published by authorized persons according to Article 15 of this Decree must be fully, regularly, clearly, correctly addressed, easily accessible, easy to exploit and use, and must be posted on the National Database of Administrative Procedures.

Article 17. Forms of Publicizing

In addition to the mandatory form of publicizing on the National Database of Administrative Procedures and posting at the headquarters of agencies and units directly handling administrative procedures for individuals and organizations, the publicizing of administrative procedures may be carried out in one or more of the following forms:

1. Posting on the Government's electronic portal or the electronic information page of the agency issuing the legal normative document stipulating the administrative procedure and the agency implementing the administrative procedure.

2. Announcing through mass media.

3. Other forms.

Article 18. Responsibilities of Agencies Implementing Administrative Procedures

1. Utilize and arrange civil servants with good moral character, standard communication culture, adequate professional qualifications, and appropriate capabilities to implement administrative procedures.

2. Guide, explain, and provide accurate, complete, and timely information about administrative procedures for related individuals and organizations.

3. Issue receipt for files and documents in accordance with regulations.

4. Safeguard and maintain confidentiality over files, documents, and related personal information during the processing period in accordance with the law, except when required to collect, publish information, and materials pursuant to the decision of competent state agencies.

5. Provide written reasons in cases of refusal to implement or request additional documents within the processing deadline as prescribed.

6. Not to establish administrative procedures, files, or documents outside the provisions of the law.

7. Coordinate and share information during the process of handling individual and organizational matters.

8. Support war veterans, elderly people, disabled persons, poor people, pregnant women, orphaned children, and other social welfare beneficiaries in implementing administrative procedures.

9. Implement the single-window mechanism in the implementation of administrative procedures.

10. Receive and handle complaints and suggestions from individuals and organizations in the implementation of administrative procedures.

11. Apply information technology and scientific and technological advancements in the implementation of administrative procedures.

12. Comply with other legal provisions.

Article 19. Responsibilities of Heads of Ministries, Agencies Equivalent to Ministries, Provincial People's Committees, and Municipalities Directly Under the Central Government

1. Shall be responsible for announcing and organizing the entry of data on public administrative procedures that have been announced into the National Database on Administrative Procedures in accordance with Articles 13, 14, 15, and 24 of this Decree; strictly implementing public administrative procedures announced on the National Database on Administrative Procedures.

2. Shall inspect and urge officers and civil servants under their authority in the implementation of administrative procedures.

3. Shall reward officers and civil servants who have achievements in implementing administrative procedures, supervising administrative procedures, or have innovative ideas for reforming administrative procedures.

4. Shall handle officers and civil servants strictly and promptly when they violate in the implementation and supervision of administrative procedures according to the provisions of the law.

5. Shall improve methods and approaches to implementing administrative procedures; promptly propose measures for reforming administrative procedures to higher authorities.

6. Shall comply with other provisions of the law.

Article 20. Responsibilities of Officers and Civil Servants Assigned to Implement Administrative Procedures

1. Shall strictly and fully perform the assigned tasks during the implementation of administrative procedures.

2. Shall facilitate the subjects implementing administrative procedures; shall have courteous, serious, and modest manners; communication language must be standard, clear, and coherent during the implementation of administrative procedures.

3. Shall accept and process files of individuals and organizations in accordance with regulations.

4. Shall guide organizations and individuals to implement procedural steps and administrative files completely, clearly, and accurately so that organizations and individuals do not need to make more than two trips to supplement files for one matter, except in cases where organizations and individuals do not follow the guidance of officers and civil servants assigned to implement administrative procedures.

5. Shall strictly comply with the regulations of competent authorities regarding administrative procedures that have been announced by the heads of ministries, agencies equivalent to ministries, provincial people's committees, and municipalities directly under the central government.

6. Shall proactively advise, propose, and innovate in the implementation of administrative procedures; promptly identify and propose to competent authorities to amend, supplement, change, or abolish regulations on administrative procedures that are inappropriate or unfeasible.

7. Shall cooperate with relevant agencies and organizations in the implementation of administrative procedures.

8. Shall comply with other provisions of the law.

Article 21. Rights and Obligations of Subjects Implementing Administrative Procedures

1. Shall fully comply with regulations on administrative procedures.

2. Shall refuse to implement requests that are not stipulated in administrative procedures or have not been publicly announced according to regulations.

3. Shall be responsible for the legality and accuracy of documents in the file and provide all related information.

4. Shall not obstruct the activities of state agencies and persons with authority in implementing administrative procedures.

5. Shall not bribe or use other means to deceive state agencies and persons with authority in implementing administrative procedures.

6. Shall monitor the implementation of administrative procedures; reflect and propose to state agencies and persons with authority about unreasonable aspects of administrative procedures and violations by officers and civil servants in implementing administrative procedures.

7. Shall lodge complaints, denunciations, and lawsuits against administrative decisions and administrative acts according to the provisions of the law.

8. Shall directly or authorize their legally authorized representatives to participate in implementing administrative procedures in accordance with the law.

9. Shall comply with other provisions of the law.

Article 22. Reflections and Suggestions on Administrative Procedures during Implementation

1. Every individual and organization has the right to reflect and suggest regarding administrative procedures and the implementation of such procedures.

The acceptance and handling of reflections and suggestions on administrative procedures shall be carried out in accordance with the provisions of the law on accepting and handling reflections and suggestions from individuals and organizations concerning administrative regulations.

2. The Office of the Government shall be responsible for establishing and maintaining the operation of the portal for reflecting and suggesting, and the results of resolving administrative procedures on the National Database on Administrative Procedures, and proactively organize the collection of opinions from individuals and organizations on administrative procedures stipulated in draft normative legal documents sent for comments by the agency drafting the main document as provided for in Clause 1, Article 9 of this Decree.

Chapter IV
NATIONAL DATABASE ON ADMINISTRATIVE PROCEDURES

Article 23. Conditions for Publishing Administrative Procedures on the National Database on Administrative Procedures

Administrative procedures published on the National Database are those administrative procedures announced by the Minister, Head of a ministry-level agency, Chairman of the People's Committee of a province or centrally governed city in accordance with Articles 13, 14, and 15 of this Decree.

Article 24. Inputting Announced Administrative Procedures into the Database

The Minister, Head of a ministry-level agency, Chairman of the People's Committee of a province or centrally governed city shall be responsible for organizing the input of announced administrative procedures and documents regulating administrative procedures into the National Database on Administrative Procedures and sending them to the Administrative Procedure Supervision Agency no later than five working days from the date of signing the decision to announce; at the same time, they shall be responsible for the accuracy of the administrative procedures and documents regulating administrative procedures in the National Database on Administrative Procedures.

Article 25. Value of Administrative Procedures and Normative Legal Documents Containing Provisions on Administrative Procedures in the National Database

Administrative procedures and documents regulating administrative procedures or related documents published on the National Database on Administrative Procedures have enforcement value and are guaranteed to be enforced.

Model forms and administrative declaration forms attached to administrative procedures published on the National Database on Administrative Procedures have the same value as model forms and administrative declaration forms provided directly by the agencies implementing the administrative procedures.

Article 26. Responsibilities for Managing the National Database on Administrative Procedures

1. The Office of the Government shall be responsible for leading and coordinating with the Ministry of Public Security, the Ministry of Information and Communications, and other ministries, sectors, and localities in building and maintaining the National Database on Administrative Procedures; guiding the input and submission of administrative procedure data for publication on the National Database on Administrative Procedures.

2. The Administrative Procedure Supervision Agency shall be responsible for publishing data on administrative procedures received from ministries, sectors, and localities in accordance with Article 24 of this Decree within five working days from the date of receipt of the administrative procedure data.

3. The Minister, Head of a ministry-level agency, Chairman of the People's Committee of a province or centrally governed city shall be responsible for directing the creation of connections between the electronic information pages of ministries, ministry-level agencies, and provincial or centrally governed city People's Committees with the National Database on Administrative Procedures.

4. The National Database on Administrative Procedures includes the following basic contents:

a) Administrative procedures currently being implemented nationwide or within the territory of a province or centrally governed city;

b) Administrative procedures that have been canceled or abolished;

c) Documents regulating administrative procedures and related documents;

d) The portal for consulting on administrative procedures and the implementation of administrative procedures as stipulated in Clause 2, Article 22 of this Decree;

e) Other contents as decided by the Prime Minister.

5. The National Database on Administrative Procedures must ensure ease and convenience for users in searching, retrieving, and exploiting the database.

Chapter V
AUDITING AND EVALUATING ADMINISTRATIVE PROCEDURES

Article 27. Responsibility for Reviewing and Evaluating Administrative Procedures

1. Ministries and ministerial-level agencies shall be responsible for reviewing and evaluating administrative procedures within their sectoral and functional management scope as prescribed in legislative documents issued by the National Assembly, the Standing Committee of the National Assembly, the Government, the Prime Minister, Ministers, and heads of ministerial-level agencies.

2. People's Committees of provinces and centrally governed cities shall be responsible for reviewing and evaluating administrative procedures within the jurisdiction of local authorities at all levels in their respective provinces and centrally governed cities.

3. The Administrative Procedure Supervisory Agency shall be responsible for independently reviewing and evaluating administrative procedures in the following cases:

a) As directed by the Government or the Prime Minister;

b) Administrative procedures that are closely interrelated, where the outcome of one procedure serves as a prerequisite for subsequent procedures;

c) Administrative procedures that, upon discovery or based on information reported by individuals or organizations, are cumbersome, difficult to implement, and hinder economic activities and the daily lives of citizens.

Article 28. Content of Reviewing and Evaluating

1. The necessity of administrative procedures and related provisions subject to review and evaluation.

2. The appropriateness of administrative procedures and related provisions subject to review and evaluation with respect to state management objectives and changes in socio-economic conditions, technology, and other objective circumstances.

3. The principles set forth in Articles 7 and 12 of this Decree.

Article 29. Methods of Reviewing and Evaluating

1. The review and evaluation must be conducted based on comprehensive statistics and collection of all relevant administrative procedures and related provisions to be reviewed and evaluated, in accordance with the contents stipulated in Article 28 of this Decree. During the review and evaluation process, attention should be paid to the subjects affected by the administrative procedures.

2. For administrative procedures specified in point b, Clause 3, Article 27 of this Decree, the review and evaluation should be carried out in groups of provisions of the administrative procedures and related provisions subject to review and evaluation.

3. Ministries, ministerial-level agencies, People's Committees of provinces and centrally governed cities, and the Administrative Procedure Supervisory Agency shall review and evaluate administrative procedures according to plans or as directed by the Government or the Prime Minister. The results of such reviews and evaluations serve as a basis for simplifying administrative procedures.

4. Mobilizing the participation of those directly affected by the administrative procedures in the review process.

5. The Administrative Procedure Supervisory Agency shall independently review and evaluate administrative procedures through organizing such reviews and evaluations or examining the results of reviews and evaluations conducted by ministries, ministerial-level agencies, and People's Committees of provinces and centrally governed cities.

Article 30. Plans for Reviewing and Evaluating

1. Plans for reviewing and evaluating administrative procedures shall be developed based on one of the following grounds:

a) Directives from the Government or the Prime Minister;

b) Selections made by ministries, ministerial-level agencies, and People's Committees of provinces and centrally governed cities;

c) Reports and recommendations from individuals and organizations regarding administrative procedures.

2. The plan content must clearly specify the administrative procedures to be reviewed and evaluated, the implementing agency, the time frame, the selection criteria, and anticipated products.

3. Ministries, ministerial-level agencies, and People's Committees of provinces and centrally governed cities shall proactively develop annual plans for reviewing and evaluating administrative procedures within their management scope, and submit these plans, which have been approved by the Ministers, heads of ministerial-level agencies, and Chairpersons of People's Committees of provinces and centrally governed cities, to the Administrative Procedure Supervisory Agency before January 31 of each planning year.

4. Based on directives from the Government and the Prime Minister and the review and evaluation plans of ministries, ministerial-level agencies, and People's Committees of provinces and centrally governed cities, the Administrative Procedure Supervisory Agency shall develop independent review plans for submission to the Prime Minister for approval.

Article 31. Handling the Results of Review and Evaluation

1. On the basis of the results of reviewing and evaluating administrative procedures of Ministries, ministerial-level agencies, provincial People's Committees, city People's Committees under the central government, Ministers, Heads of ministerial-level agencies, Chairpersons of provincial People's Committees, city People's Committees under the central government shall amend, supplement, replace, abolish, or revoke administrative procedures and related provisions that do not comply with the provisions of Article 28 of this Decree within their authority, or propose to competent authorities to amend, supplement, replace, abolish, or revoke such administrative procedures and related provisions.

2. On the basis of overall review and evaluation results or independent review and evaluation results, the Government Office shall submit to the Government, the Prime Minister for deciding on the plan to amend, supplement, replace, abolish, or revoke administrative procedures and related provisions that do not comply with the provisions of Article 28 of this Decree; monitor, urge, and inspect Ministries, ministerial-level agencies, provincial People's Committees, city People's Committees under the central government in implementing these decisions of the Government, the Prime Minister.

Chapter VI
REWARD, IMPLEMENTATION FUND, INFORMATION, REPORTING

Article 32. Reward in Implementing Administrative Procedure Control

1. Agencies, officials, civil servants who have achievements in implementing administrative procedure control shall be rewarded according to the regulations of the law on competition and reward.

2. Officials, civil servants who are rewarded for outstanding achievements or meritorious acts in implementing administrative procedure control may be granted salary advancement ahead of schedule and given priority when considering promotion to higher positions if there is a need from the agency, organization, or unit.

Article 33. Handling Violations

Agencies, organizations, individuals violating the provisions of this Decree shall be subject to handling according to the provisions of the law depending on the nature and degree of violation.

Article 34. Conditions Ensuring Implementation Funds for Administrative Procedure Control

1. The implementation funds for administrative procedure control stipulated in this Decree shall be guaranteed by the state budget. Implementation funds for administrative procedure control activities of Ministries, central agencies shall be guaranteed by the central budget. Implementation funds for administrative procedure control activities of provinces, centrally-administered cities shall be guaranteed by local budgets. In addition to the funds guaranteed by the state budget, Ministries, ministerial-level agencies, provincial People's Committees, city People's Committees under the central government may mobilize and utilize other legitimate resources to strengthen the implementation of administrative procedure control within their jurisdiction.

2. The Ministry of Finance shall guide the management and use of funds for administrative procedure control activities according to the Law on State Budget and guiding documents.

3. Ministries, ministerial-level agencies, provincial People's Committees, city People's Committees under the central government shall be responsible for allocating funds for administrative procedure control activities in their budget estimates according to the Law on State Budget and guiding documents.

Article 35. Information and Reporting System

1. Ministers, Heads of ministerial-level agencies, Chairpersons of provincial People's Committees, city People's Committees under the central government shall regularly report to the Prime Minister every quarter on the situation and results of administrative procedure control activities before the 15th day of the third month of each quarter or submit ad hoc reports as required by the Prime Minister.

2. The administrative procedure control agency shall be responsible for compiling reports of Ministers, Heads of ministerial-level agencies, Chairpersons of provincial People's Committees, city People's Committees under the central government as stipulated in Clause 1 of this Article to report to the Prime Minister before the 30th day of the third month of each quarter on the situation and results of administrative procedure control activities of Ministries, ministerial-level agencies, provincial People's Committees, city People's Committees under the central government or submit ad hoc reports as required by the Prime Minister.

3. The quarterly report mainly includes:

a) The situation of controlling regulations on administrative procedures, including the total number of administrative procedures evaluated for impact and the total number of normative legal documents regulating administrative procedures issued in the quarter;

b) The situation of publicizing administrative procedures and the number of administrative procedures publicized;

c) The situation of implementing administrative procedures at agencies or at localities, including rewards and disciplinary actions against officials and civil servants who violate regulations on the control of administrative procedure implementation (if any);

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

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

e) The situation of receiving and processing feedback and suggestions on administrative procedures;

g) Other contents as required by the administrative procedure control agency or as directed by the Prime Minister.

4. The administrative procedure control agency shall be responsible for developing the reporting form as stipulated in Clause 3 of this Article and posting it on the National Database on Administrative Procedures to ensure uniform implementation.

5. The situation and results of administrative procedure control activities must be promptly, truthfully, and regularly communicated on the Government's Administrative Procedure Portal and other mass media.

Chapter VII
IMPLEMENTING PROVISIONS

Article 36. Responsibility for Implementation

1. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees, city People's Committees under the central government, and relevant agencies shall be responsible for implementing this Decree.

2. The Government Office shall be responsible for guiding, monitoring, urging, and inspecting the implementation of this Decree.

Article 37. Effective Date

1. This Decree takes effect from October 14, 2010. The provision at Article 2 of Decision No. 1699/QD-TTg dated October 20, 2009 of the Prime Minister on establishing the National Database on Administrative Procedures is abolished from the date this Decree takes effect.

2. Administrative procedures prescribed in normative legal documents promulgated by competent state agencies before the effective date of this Decree shall continue to be valid until they are amended, supplemented, replaced, or revoked.

Before December 31, 2010, the agency issued documents using the method of employing one regulatory legal document to amend, supplement, replace, revoke, or abolish administrative procedures stipulated in multiple regulatory legal documents issued by the same agency to ensure the simplification of administrative procedures according to the requirements of the Project on Simplifying Administrative Procedures in Various State Management Fields for the period of 2007-2010 approved together with Decision No. 30/QĐ-TTg dated January 10, 2007 of the Government Prime Minister.

After December 31, 2010, the amendment, supplementation, replacement, or abolition of administrative procedures shall be applied in accordance with the provisions of this Decree.

3. The provision of new administrative procedures in regulatory legal documents shall be applied in accordance with the provisions of this Decree from the date this Decree takes effect./.