Decision No. 74/2010/QD-TTg on the functions, tasks, powers, and organizational structure of the Administrative Procedure Control Agency under the Government Office

Pursuant to …;

Regulations on functions, tasks, powers, and organizational structure of

the Administrative Procedure Control Department under the Government Office

PRIME MINISTER

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

Pursuant to Decree No. 178/2007/NĐ-CP dated December 3, 2007 of the Government stipulating the functions, tasks, and organizational structure of Ministries and ministerial-level agencies;

Pursuant to Decree No. 33/2008/NĐ-CP dated March 19, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Government Office;

Pursuant to Decree No. 63/2010/NĐ-CP dated June 8, 2010 of the Government on administrative procedure control;

Pursuant to Decree No. 20/2008/NĐ-CP dated February 14, 2008 of the Government on receiving, handling complaints and suggestions from individuals and organizations regarding administrative regulations;

Considering the proposal of the Minister and Head of the Government Office.

DECISION:

Article 1. Position and Functions

1. The Administrative Procedure Control Department is a unit under the Government Office as prescribed in Clause 1, Article 5 of Decree No. 63/2010/NĐ-CP dated June 8, 2010 of the Government on administrative procedure control (hereinafter referred to as Decree No. 63/2010/NĐ-CP), with the name of Administrative Procedure Control Department.

2. The Administrative Procedure Control Department has the function of assisting the Minister and Head of the Government Office (hereinafter referred to as the Minister and Head) in advising the Government and Prime Minister on administrative procedure control; organizing the implementation of administrative procedure control, managing the National Database on Administrative Procedures throughout the country in accordance with the law.

3. The Administrative Procedure Control Department has legal personality, its own seal, and is entitled to open an account at the State Treasury.

b) Draft five-year and annual socio-economic development plans for the province; major economic and social balances for the province; draft five-year and annual plans, programs, projects, measures to organize and implement tasks related to socio-economic development, finance-budget, planning-investment, and other tasks within the scope of state management of the Department of Finance as prescribed by law;

The Administrative Procedure Control Department performs the following tasks and powers:

1. Assisting the Minister and Head in chairing and coordinating with units under the Government Office to review the procedures and processes for preparing projects and draft legal documents related to administrative procedures submitted by Ministries and ministerial-level agencies to the Government and Prime Minister in accordance with the law.

2. Assisting the Minister and Head in monitoring, urging, guiding, and inspecting the implementation of the Prime Minister's directives on administrative procedure control at Ministries, ministerial-level agencies, and provincial People's Committees (hereinafter referred to as provincial People's Committees).

3. Drafting and submitting to the Minister and Head for decision, or having the Minister and Head submit to the Government and Prime Minister for consideration and decision, draft legal documents related to administrative procedure control when assigned by competent authorities.

4. Assisting the Minister and Head in providing opinions on administrative procedures in draft regulatory legal documents:

a) Providing opinions on administrative procedures in draft regulatory legal documents before Ministries and ministerial-level agencies send them to responsible agencies for review and submission to the Government and Prime Minister in accordance with the law;

b) Providing opinions on administrative procedures in draft joint circulars of Ministries and ministerial-level agencies;

c) Participating in reviewing the content of administrative procedures stipulated in draft regulatory legal documents upon request from the reviewing agency.

5. Assisting the Minister and Head in reviewing, evaluating, and handling the results of reviews and evaluations of administrative procedures:

a) Preparing for the Minister and Head to submit to the Prime Minister for approval the plan for independent reviews and evaluations of the Administrative Procedure Control Department as stipulated in Article 30 of Decree No. 63/2010/NĐ-CP;

b) Organizing independent reviews and evaluations of administrative procedures to compile and submit to the Government and Prime Minister in accordance with the law;

c) Compiling and reporting to the Minister and Head to submit to the Prime Minister for consideration and decision on issues with differing opinions between Ministries, ministerial-level agencies, provincial People's Committees, and the Government Office regarding the handling of review and evaluation results of administrative procedures;

d) Reporting to the Minister and Head to submit to the Government and Prime Minister for decision on plans to amend, supplement, replace, abolish, or revoke administrative procedures and related provisions that do not comply with Article 28 of Decree No. 63/2010/NĐ-CP.

6. Assisting the Minister and Head in managing the National Database on Administrative Procedures:

a) Assisting the Minister and Head in chairing and coordinating with Ministries, ministerial-level agencies, and provincial People's Committees in building and managing the National Database on Administrative Procedures;

b) Chairing the establishment and coordinating with relevant units to maintain the operation of the portal for receiving, reflecting, and making recommendations on the results of handling administrative procedures in the National Database on Administrative Procedures;

c) Controlling the publication and updating of administrative procedures and legal documents on administrative procedures published in the National Database.

7. Assisting the Minister and Head in receiving and processing complaints and recommendations from individuals and organizations regarding administrative regulations related to business activities and people's lives:

a) Receiving, classifying, and recommending competent authorities to handle complaints and recommendations from individuals and organizations regarding administrative regulations related to business activities and people's lives within the management scope of the Government and Prime Minister as stipulated in Decree No. 20/2008/NĐ-CP dated February 14, 2008 of the Government on receiving and processing complaints and recommendations from individuals and organizations regarding administrative regulations (hereinafter referred to as Decree No. 20/2008/NĐ-CP);

b) Handling complaints and recommendations related to administrative procedures in accordance with the law.

8. Assisting the Minister and Head in providing professional guidance on administrative procedure control to administrative procedure control units under the offices of Ministries, ministerial-level agencies, and provincial People's Committees.

9. Assisting the Minister and Head in chairing and coordinating with the Vietnam Bar Federation, the Vietnam Chamber of Commerce and Industry, and other social-professional organizations in drafting and submitting to the Minister and Head for promulgation regulations on cooperation to mobilize resources for implementing administrative procedure control in accordance with Decree No. 63/2010/NĐ-CP and Decree No. 20/2008/NĐ-CP.

10. When necessary, report to the Minister and Head of Office for their submission to the Prime Minister for comments on the redeployment of civil servants from Ministries, ministerial-level agencies, and related agencies to work at the Administrative Procedure Control Bureau under the temporary assignment system.

11. Report to the Minister and Head of Office on the signing of contracts with domestic and foreign consultants working at the Administrative Procedure Control Bureau as required and assigned by competent authorities.

12. Assist the Minister and Head of Office in organizing regular meetings with Ministries, ministerial-level agencies, and provincial People's Committees to urge, guide, and inspect the implementation of administrative procedure control tasks.

13. Assist the Minister and Head of Office in leading and coordinating with Ministries, ministerial-level agencies, provincial People's Committees, and mass media organizations to maintain regular publicity for administrative procedure control activities.

14. Assist the Minister and Head of Office in compiling reports from Ministers, heads of ministerial-level agencies, and chairpersons of provincial People's Committees to report to the Prime Minister on the situation and inspection of administrative procedure control activities of Ministries, sectors, and provincial People's Committees, or ad hoc reports as requested by the Prime Minister.

15. Assist the Minister and Head of Office in mobilizing and utilizing domestic and international financial resources to enhance the implementation of administrative procedure control in accordance with the law.

16. Implement international cooperation on administrative procedure control according to the management hierarchy of the Minister and Head of Office and in accordance with the law.

17. Manage organizational structure, staffing, and civil servants; implement salary systems, incentive programs, awards, disciplinary measures, training, and development for civil servants within the jurisdiction of the Administrative Procedure Control Bureau in accordance with the law and the management hierarchy of the Minister and Head of Office.

18. Manage the budget allocated by the state budget and assets assigned according to the management hierarchy of the Minister and Head of Office.

19. Perform other tasks and powers delegated by the Minister and Head of Office and as stipulated by the law.

Article 3. Organizational Structure

The Administrative Procedure Control Bureau shall be organized into departments and offices (collectively referred to as departments), including:

1. Department of Comprehensive Economic Administrative Procedure Control.

2. Department of Sectoral Economic Administrative Procedure Control.

3. Department of Science, Education, Culture, and Social Administrative Procedure Control.

4. Department of Internal Affairs Administrative Procedure Control.

5. Office.

Based on the requirements and tasks assigned, the Minister and Head of Office shall submit to the Prime Minister for a decision on the organizational structure of the Administrative Procedure Control Bureau.

Article 4. Leadership of the Administrative Procedure Control Bureau

1. The Administrative Procedure Control Bureau shall have a Director and not more than three Deputy Directors.

2. The Minister and Head of Office shall appoint, dismiss, and remove the Director, Deputy Directors, and department heads of the Administrative Procedure Control Bureau in accordance with the law.

3. The Director of the Administrative Procedure Control Bureau is the head of the Bureau, accountable to the Minister and Head of Office and to the law for all activities of the Administrative Procedure Control Bureau. Deputy Directors of the Administrative Procedure Control Bureau are accountable to the Director and to the law for the tasks assigned to them.

4. The Director of the Administrative Procedure Control Bureau shall define the functions, tasks, and powers of the departments under the Bureau.

Article 5. Effectiveness and Responsibility for Implementation

1. This Decision shall take effect from January 6, 2011.

2. The Minister, heads of ministerial-level agencies, heads of government agencies, and chairpersons of provincial People's Committees directly under the Central Government are responsible for implementing this Decision./.