Circular No. 92/2015/TT-BQP stipulates and guides the operation of administrative procedure control within the scope of the State management functions of the Ministry of National Defense.

CIRCULAR

Regulations and guidelines for administrative procedure control activities

within the scope of the State management functions of the Ministry of National Defense

 

 

 

 

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

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

Pursuant to Decree No. 48/2013/NĐ-CP dated May 14, 2013 of the Government amending and supplementing certain decrees related to administrative procedure control;

Pursuant to Decree No. 55/2011/NĐ-CP dated July 4, 2011 of the Government stipulating the functions, tasks, powers, and organizational structure of legal affairs bodies;

Pursuant to Decree No. 35/2013/NĐ-CP dated April 22, 2013, of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

Implementing the overall program on administrative reform promulgated together with Resolution No. 30c/NQ-CP dated November 8, 2011 of the Government;

Considering the proposal of the Director of the Legal Department Ministry of National Defense,

The Minister of National Defense issues this Circular regulating and guiding administrative procedure control activities within the scope of the State management functions of the Ministry of National Defense.

 

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates and guides administrative procedure control activities in the military, defense fields, and other fields under the jurisdiction of the Minister of National Defense (hereinafter referred to as within the scope of the State management functions of the Ministry of National Defense), including: Impact assessment and participation in opinions on administrative procedures; publication of administrative procedures; publicizing and posting administrative procedures; reviewing and evaluating administrative procedures; inspecting the implementation of administrative procedure control activities; receiving and handling complaints and suggestions about administrative regulations; responsibilities for administrative procedure control and reporting systems for administrative procedure control work.

Article 2. 3. Amend Clause 3 Article 2 as follows:Applicability

This Circular applies to agencies, units, organizations (hereinafter referred to as agencies and units) and individuals related to administrative procedure control activities within the scope of the State management functions of the Ministry of National Defense.

Article 3Principles of administrative procedure control

Implemented according to Article 4 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) and the following contents:

1. Ensuring unified direction by the Minister of National Defense.

2. Ensuring regular and close coordination among agencies, units, and individuals in administrative procedure control activities.

3. Transparency in administrative procedure control activities.

4. Creating favorable conditions for agencies, units, and individuals to participate in administrative procedure control work under the State management of the Ministry of National Defense.

5. Strictly adhering to legal provisions on procedures, formalities, deadlines for publishing and publicizing administrative procedures.

Article 4Content of administrative procedure control

1. Assessing the impact of administrative procedures and participating in opinions on administrative procedure regulations in draft normative legal documents.

2. Coordinating in examining administrative procedure regulations; implementing administrative procedure resolution; inspecting and promoting administrative procedure control activities.

3. Publishing new, amended, supplemented, replaced, abolished, or revoked administrative procedures.

4. Publicizing administrative procedures on the National Database, the Ministry of National Defense's Electronic Information Portal on administrative procedures; publicly posting administrative procedures within the jurisdiction of agencies, units, and individuals under the Ministry of National Defense.

5. Reviewing and evaluating administrative procedures; receiving and handling complaints and suggestions about administrative regulations within the scope of the State management functions of the Ministry of National Defense.

Article 5Budget for administrative procedure control work

1. The budget for administrative procedure control work of agencies and units is guaranteed in the annual budget of the agency or unit and other funds provided by the State and the Ministry of National Defense for legal affairs activities.

2. Each year, agencies and units base their workload within their functions, tasks, and powers, prepare the budget for administrative procedure control work into the general budget of the agency or unit and manage, use, and settle accounts according to Circular No. 167/2012/TT-BTC dated October 10, 2012 of the Ministry of Finance on the preparation, management, and use of funds for administrative procedure control activities and regulations of the Ministry of National Defense.

 

Chapter II

IMPACT ASSESSMENT AND PARTICIPATION IN OPINIONS

ON ADMINISTRATIVE PROCEDURES

Article 6Impact Assessment of Administrative Procedures

1. The agency or unit primarily responsible for drafting normative legal documents containing administrative procedure regulations (hereinafter referred to as the agency or unit primarily responsible for drafting) shall be responsible for conducting an impact assessment of administrative procedures 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 agency or unit primarily responsible for drafting shall use the impact assessment forms of administrative procedures and guidance for responses at Appendices I, II, and IV issued together with Circular No. 07/2014/TT-BTP dated February 24, 2014 of the Ministry of Justice guiding the impact assessment of administrative procedures and the review and evaluation of administrative procedures (hereinafter referred to as Circular No. 07/2014/TT-BTP).

3. The Legal Department of the Ministry of National Defense shall be responsible for guiding the agency or unit primarily responsible for drafting to fill out the impact assessment forms of administrative procedures and calculating compliance costs; checking the agency or unit primarily responsible for drafting to implement the impact assessment and calculation of compliance costs stipulated in the draft normative legal document within the promulgation authority of the Minister of National Defense.

4. In cases where administrative procedures are amended or supplemented, the agency or unit primarily responsible for drafting shall conduct an assessment of the relevant contents as prescribed in Clause 1 of this Article, while clearly explaining the simplicity and advantages of the amended or supplemented administrative procedures.

Article 7Procedure for Impact Assessment of Administrative Procedures

1. Timing of impact assessment

The impact assessment of administrative procedures shall be conducted during the drafting stage of regulatory legal documents and must be completed before submitting for comments to the Legal Department of the Ministry of National Defense or sending to the Ministry of Justice for review of draft regulatory legal documents prepared by the Ministry of National Defense to be submitted to competent authorities for issuance.

2. Steps to implement the impact assessment of administrative procedures

a) Impact assessment of administrative procedures

The agency or unit responsible for drafting shall assess the necessity, rationality, legality, compliance costs of administrative procedures, and conduct an impact assessment of administrative procedures in certain specific cases using the forms prescribed in Clause 2, Article 6 of this Circular and the contents stipulated in Articles 6, 7, 8, 9, and Article 10 of Circular No. 07/2014/TT-BTP.

During the impact assessment process, the agency or unit responsible for drafting must stop the assessment and not include administrative procedures in the project or draft document if the administrative procedure is determined to be unnecessary.

b) Completing provisions on administrative procedures

Based on the results of the assessment, the agency or unit responsible for drafting shall modify, supplement, and complete the provisions on administrative procedures to ensure that the administrative procedures in the project or draft document are truly necessary, reasonable, lawful, and effective.

c) Summarizing the results of the impact assessment of administrative procedures

The agency or unit responsible for drafting shall complete the impact assessment of administrative procedures, compile the assessment results into the content of the impact assessment report of the project or draft regulatory legal document.

The agency or unit responsible for drafting shall compile the results of the impact assessment of administrative procedures into a separate report for draft circulars or joint circulars containing provisions on administrative procedures.

Article 8. Participating in opinions on provisions on administrative procedures

1. The Legal Department of the Ministry of National Defense, based on Article 7 and Article 8 of Decree No. 63/2010/NĐ-CP, shall be responsible for participating in opinions on provisions on administrative procedures in draft circulars or joint circulars within the authority to issue of the Minister of National Defense;

In case of necessity, the Legal Department of the Ministry of National Defense shall be responsible for organizing to seek opinions from relevant agencies, units, and affected entities through consultations, conferences, seminars, or using opinion-seeking forms issued by the Ministry of Justice and published on the National Database on Administrative Procedures, the Ministry of National Defense's Electronic Information Portal, conducting independent impact assessments of administrative procedures to compile opinions to send to the agency or unit responsible for drafting.

2. Relevant agencies, units, and affected entities shall be responsible for participating in opinions in writing on provisions on administrative procedures drafted by the agency or unit responsible for drafting or sought by the Legal Department of the Ministry of National Defense.

3. The agency or unit responsible for drafting shall be responsible for studying, adopting, and explaining opinions participated in by the Legal Department of the Ministry of National Defense, relevant agencies, and affected entities in writing; completing the impact assessment report on administrative procedures, provisions on administrative procedures, and preparing files in accordance with Clause 3, Article 9 of this Circular.

Article 9. Reviewing provisions on administrative procedures

1. The Legal Department of the Ministry of National Defense shall be responsible for reviewing provisions on administrative procedures stipulated in draft regulatory legal documents and reflecting the content of the review on administrative procedures in the review report.

2. The main content of the review on administrative procedures mainly examines the criteria prescribed in Clause 1, Article 6 of this Circular.

3. The file sent for review includes: In addition to the file components sent for review according to the laws on issuing regulatory legal documents, the agency or unit sending for review must have an impact assessment report on administrative procedures in accordance with Article 10 of Decree No. 63/2010/NĐ-CP amended and supplemented by Clause 3, Article 1 of Decree No. 48/2013/NĐ-CP dated May 14, 2013 of the Government amending and supplementing some articles of related decrees concerning administrative procedure control (hereinafter referred to as Decree No. 48/2013/NĐ-CP) and Clause 1, Clause 2, Article 6 of this Circular.

4. The Legal Department of the Ministry of National Defense shall return the file sent for review to the agency or unit responsible for drafting after requesting supplements, but the file sent for review of regulatory legal documents containing provisions on administrative procedures still does not have an impact assessment report on administrative procedures, opinions of relevant agencies and affected entities on the provisions on administrative procedures, and documents adopting and explaining opinions of relevant agencies and affected entities.

5. Relevant agencies, when receiving requests from the Legal Department of the Ministry of National Defense, shall be responsible for cooperating in reviewing provisions on administrative procedures stipulated in draft regulatory legal documents when requested.

6. The review period shall be in accordance with the Regulation on Drafting and Issuing Regulatory Legal Documents issued together with Circular No. 06/2014/TT-BQP dated January 23, 2014 of the Minister of National Defense.

Chapter III

ANNOUNCEMENT OF ADMINISTRATIVE PROCEDURES

Article 10. Scope of announcement of administrative procedures

The scope of announcement of administrative procedures shall be carried out in accordance with Article 14 of Decree No. 63/2010/NĐ-CP and Article 2 of Circular No. 05/2014/TT-BTP dated February 7, 2014 of the Ministry of Justice guiding the announcement, posting of administrative procedures, and reporting on the implementation and results of administrative procedure control (hereinafter referred to as Circular No. 05/2014/TT-BTP), including:

1. New administrative procedures issued.

2. Administrative procedures revised, supplemented, or replaced.

3. Administrative procedures abolished or canceled.

Article 11. Authority to announce administrative procedures

1. The Minister of National Defense shall announce administrative procedures within the scope of the State management functions of the Ministry of National Defense.

2. The agency or unit responsible for drafting shall be responsible for building decisions to announce administrative procedures stipulated in Articles 12, 13, and Article 14 of this Circular.

3. The Legal Department of the Ministry of National Defense shall be responsible for receiving, supervising, and ensuring the quality of draft decisions to announce administrative procedures built by the agency or unit responsible for drafting before submitting to the Minister of National Defense for announcement.

Article 12. Form and Content of the Decision Announcing Administrative Procedures

1. The decision announcing administrative procedures is a separate document form that indirectly implements according to Model No. 01 attached as an appendix to this Circular.

2. The content of the decision announcing administrative procedures shall be implemented in accordance with Clause 2, Article 3 of Circular No. 05/2014/TT-BTP.

Article 13. Time Limit for Issuing the Decision Announcing Administrative Procedures

The decision announcing administrative procedures must be issued at the latest twenty working days before the date on which the legal normative document containing provisions on administrative procedures comes into effect.

Article 14Procedure for Announcing Administrative Procedures

1. Drafting the decision announcing administrative procedures

a) The agency or unit primarily responsible for drafting has the responsibility to draft the decision announcing administrative procedures in accordance with Clause 1, Article 6 of Circular No. 05/2014/TT-BTP;

At the latest thirty working days prior to the date on which the legal normative document containing detailed provisions on administrative procedures comes into effect, the agency or unit primarily responsible for drafting shall send the draft decision announcing administrative procedures to the Legal Affairs Department of the Ministry of National Defense for quality control before submitting it to the Minister of National Defense.

b) The dossier for the draft decision announcing administrative procedures sent to the Legal Affairs Department of the Ministry of National Defense for quality control includes:

A document requesting quality control of the draft decision announcing administrative procedures;

The draft report on issuing the decision announcing administrative procedures;

The draft decision announcing administrative procedures along with new administrative procedures issued; administrative procedures amended, supplemented, or replaced; administrative procedures abolished or revoked.

2. Quality Control of the Draft Decision Announcing Administrative Procedures

The Legal Affairs Department of the Ministry of National Defense is responsible for quality control regarding the form and content of the decision announcing administrative procedures and shall reply in writing within five working days from the date of receipt of the complete dossier as stipulated in Point b, Clause 1 of this Article.

3. Incorporating Feedback, Explaining, and Finalizing the Draft Decision Announcing Administrative Procedures and Dossier for Submission for Issuance

a) The agency or unit drafting the decision announcing administrative procedures as stipulated in Point a, Clause 1 of this Article shall have the responsibility to incorporate feedback, explain the opinions of the Legal Affairs Department of the Ministry of National Defense in writing, and finalize the draft decision announcing administrative procedures, and submit it to the Minister of National Defense for issuance within three working days from the date of receipt of the opinion participation document of the Legal Affairs Department of the Ministry of National Defense;

b) The dossier for submission to the Minister for announcement of administrative procedures includes:

Report on issuing the decision announcing administrative procedures;

The draft decision announcing administrative procedures along with new administrative procedures issued; administrative procedures amended, supplemented, or replaced; administrative procedures abolished or revoked;

Document incorporating feedback, explaining opinions, accompanied by the opinion participation document of the Legal Affairs Department of the Ministry of National Defense.

4. Announcing Administrative Procedures Shall Be Implemented in Accordance With Article 13 of This Circular.

5. Sending and Publicizing the Decision Announcing Administrative Procedures After Being Signed and Issued by the Minister of National Defense:

a) At the latest one working day after signing and issuing, the decision announcing shall be sent to the Administrative Procedure Supervision Department of the Ministry of Justice, relevant agencies and units, and the Ministry of National Defense's Electronic Portal;

b) The decision announcing administrative procedures shall be sent in paper form or electronic document form; the method of sending the decision announcing administrative procedures shall be carried out in accordance with Point b, Clause 4, Article 6 of Circular No. 05/2014/TT-BTP.

6. Entering Administrative Procedure Data

a) The agency or unit primarily responsible for drafting shall immediately on the effective date of the decision announcing administrative procedures have the responsibility to send the file of the document (including: decision announcing administrative procedures along with new administrative procedures issued; administrative procedures amended, supplemented, or replaced; administrative procedures abolished or revoked) to the Legal Affairs Department of the Ministry of National Defense.

b) The Legal Affairs Department of the Ministry of National Defense shall have the responsibility to enter data of legal normative documents and administrative procedures announced by the Minister of National Defense into the National Database in accordance with Circular No. 19/2014/TT-BTP dated September 15, 2014 of the Ministry of Justice on entering, publishing, and exploiting administrative procedure data on the national database of administrative procedures and managing the national database of administrative procedures.

Chapter IV

CONTROL OF THE IMPLEMENTATION OF ADMINISTRATIVE PROCEDURES

Section 1

PUBLICIZING AND POSTING ADMINISTRATIVE PROCEDURES

Article 15Forms of Publicizing

1. Publishing on the National Database of Administrative Procedures.

2. Publishing on the Ministry of National Defense's Electronic Portal and the electronic portal of the agency or unit implementing administrative procedures (if any).

3. Posting publicly at the reception office and headquarters of the agency or unit directly handling administrative procedures for individuals and organizations.

Article 16Publishing on the Ministry's Electronic Portal National Defense

1. Within two working days from the date the decision announcing administrative procedures becomes effective, the Legal Affairs Department of the Ministry of National Defense shall issue a document requesting publication and attach the file to the Ministry of National Defense's Electronic Portal.

2. The Ministry of National Defense's Electronic Portal shall have the responsibility to publish the document containing provisions on administrative procedures and the decision announcing administrative procedures on the Ministry of National Defense's Electronic Portal immediately upon receipt of the request for publication and the attached file from the Legal Affairs Department of the Ministry of National Defense.

3. In cases where the agency or unit has its own electronic portal, in addition to the publication as stipulated in Clauses 1 and 2 of this Article, the document containing provisions on administrative procedures and the decision announcing administrative procedures must be published on the agency or unit's electronic portal within two working days from the date the decision announcing administrative procedures becomes effective.

Article 17Posting Publicly at Agency Headquarters

1. The agency or unit directly handling administrative procedures shall have the responsibility to promptly and fully post all administrative procedures within their jurisdiction at their headquarters and at the reception office of the agency or unit.

2. Administrative procedures shall be posted from the date on which the decision announcing them takes effect and must meet the requirements stipulated in Article 10 of Circular No. 05/2014/TT-BTP.

3. The method of publicly posting administrative procedures shall be carried out in accordance with the provisions of Article 11 of Circular No. 05/2014/TT-BTP; the posting notice for administrative procedures shall be implemented according to Model No. 02 attached to this Circular.

4. The content of guidance on reflecting and making suggestions regarding administrative regulations shall be posted according to Model No. 03 attached to this Circular.

Section 2

MONITORING SITUATIONS AND RESULTS OF IMPLEMENTATION

ADMINISTRATIVE PROCEDURE CONTROL

Article 18. Principles of inspection

1. Inspections of the implementation of administrative procedures within the scope of the Ministry of National Defense's state management functions must be conducted in accordance with the principles prescribed in Article 3 of Circular No. 25/2014/TT-BTP dated December 31, 2014, issued by the Ministry of Justice to guide the inspection of the implementation of administrative procedure control activities (hereinafter referred to as Circular No. 25/2014/TT-BTP).

2. Ensuring the legitimate rights and interests of agencies, units, and individuals.

3. Conducted according to the annual business inspection plan proposed by the Legal Department of the Ministry of National Defense, or spot inspections based on the directives of the Minister of National Defense.

Article 19. Inspection authority, content, form, and methods

1.  Inspection authority

a) The Ministry of National Defense shall inspect the implementation of administrative procedure control activities for subordinate agencies and units;

b) Commanders of subordinate agencies and units of the Ministry of National Defense shall inspect the implementation of administrative procedure control activities for agencies and units under their jurisdiction.

2. Content of inspection of the implementation of administrative procedure control activities shall be carried out in accordance with the provisions of Articles 17, 18, 19, 20, 21, 22, 23, and Article 24 of Circular No. 25/2014/TT-BTP, specifically:

a) Inspection of leadership, direction, and organization of administrative procedure control activities;

b) Inspection of the implementation of impact assessments of administrative procedure regulations and the adoption and explanation of comments on administrative procedures by the drafting agency or unit;

c) Inspection of participation in comments on administrative procedure regulations in draft normative legal documents;

d) Inspection of the announcement and public disclosure of administrative procedures;

đ) Inspection of the handling of administrative procedures;

e) Inspection of the review and evaluation of administrative procedures;

g) Inspection of the reception and processing of reflections and suggestions on administrative regulations;

h) Inspection of the implementation of communication activities related to administrative procedure control and the implementation of information and reporting systems on the situation and results of administrative procedure control;

i) Other activities related to administrative procedure control as required by the competent authority.

3. Forms of inspection

a) Regular inspections according to the annual plan approved by the Minister of National Defense;

b) Spot inspections at the request of the competent authority.

4. Methods of conducting business inspections for administrative procedures include:

a) On-site inspection is a method where the Inspection Team conducts inspections through direct interaction with the inspected agencies and units;

b) Indirect inspection is a method where the Inspection Team conducts inspections through reviewing reports, documents, and materials of the inspected agencies and units;

c) To conduct inspections either directly or indirectly, based on specific tasks and the actual implementation of administrative procedure control work by the inspected agencies and units; inspections may choose one or combine both methods to carry out the inspection.

Article 20. Implementation of inspection work

1. The Legal Affairs Department of the Ministry of National Defense shall be responsible for advising the Minister of National Defense to organize inspections of the implementation of administrative procedure control activities by agencies and units under the Ministry of National Defense, including the following contents:

a) Taking the lead in proposing, drafting plans, and deciding to establish inspection teams for the annual implementation of administrative procedure control activities in accordance with Article 19 of this Circular, to be submitted to the Minister of National Defense for consideration and decision;

b) Coordinating and urging agencies and units in the inspection of business operations related to the implementation of administrative procedure control activities within the scope of the Ministry of National Defense's state management functions;

c) Reporting to the Minister of National Defense on the situation, results of inspections, and proposals for handling inspection results in accordance with Articles 25, 26, and 27 of Circular No. 25/2014/TT-BTP.

2. The tasks and powers of the inspection team, agencies, units, and individuals subject to inspection shall be carried out in accordance with the provisions of Articles 6 and 7 of Circular No. 25/2014/TT-BTP.

3. The inspection process shall be implemented in accordance with the provisions of Articles 11, 12, 13, 14, and 15 of Circular No. 25/2014/TT-BTP, including:

a) Drafting plans and announcing inspections;

b) Establishing inspection teams; preparing for inspections;

c) Conducting inspections;

d) Announcing inspection conclusions.

4. The surprise inspection process shall be implemented in accordance with the provisions of Articles 12, 13, 14, and 15 of Circular No. 25/2014/TT-BTP, including:

a) Establishing inspection teams;

b) Preparing for inspections;

c) Conducting inspections;

d) Announcing inspection conclusions.

 

Chapter V

AUDITING AND EVALUATING ADMINISTRATIVE PROCEDURES

Article 21. Building Plans for Reviewing and Evaluating Administrative Procedures

1. Basis for Issuing Plans for Reviewing and Evaluating Administrative Procedures

a) Guidelines of the Government, Prime Minister;

b) Key review plans approved by the Prime Minister;

c) Annual administrative reform program of the Steering Committee for Administrative Reform of the Ministry of National Defense and guidelines of the Minister of National Defense;

d) Individual and organizational reflections and suggestions regarding administrative procedures.

2. The plan content must clearly define the administrative procedures, groups of administrative procedures that need to be reviewed and evaluated, implementing units, implementation time, and selection criteria.

3. Annually, based on requirements and tasks, the Legal Affairs Department of the Ministry of National Defense shall take the lead and coordinate with relevant agencies and units to build plans for reviewing and evaluating administrative procedures to be submitted to the Minister of National Defense for consideration and decision.

Article 22. Responsibility for Reviewing and Evaluating

1. Agencies and units under the Ministry of National Defense shall be responsible for regularly reviewing and evaluating administrative procedures prescribed in legal normative documents of the National Assembly, Standing Committee of the National Assembly, Government, Prime Minister, and Minister of National Defense within their assigned management functions and tasks.

2. The Legal Affairs Department of the Ministry of National Defense shall implement the review and evaluation of administrative procedures within the scope of the Ministry of National Defense's state management functions in accordance with Decree No. 63/2010/NĐ-CP as amended and supplemented.

Article 23. Content, Method, and Results of Reviewing and Evaluating through postal services

1. The content and method of reviewing and evaluating administrative procedures shall be carried out in accordance with the provisions of Articles 28 and 29 of Decree No. 63/2010/NĐ-CP and Articles 12, 13, and 14 of Circular No. 07/2014/TT-BTP.

2. Agencies and units conducting reviews and evaluations of administrative procedures according to the review plan shall prepare reports on the results of reviews and evaluations of administrative procedures and propose simplified administrative procedure options to be sent to the Legal Affairs Department of the Ministry of National Defense for consolidation and reporting to the Minister of National Defense.

3. During the process of considering the results of reviews and evaluations of administrative procedures by agencies and units, the Legal Affairs Department of the Ministry of National Defense may hire consultants, organize seminars, conferences, and seek opinions from organizations and individuals affected by administrative procedures.

4. The results of reviews and evaluations of administrative procedures serve as the basis for simplifying administrative procedures within the scope of the Ministry of National Defense's state management functions.

5. Based on the results of reviews and evaluations of administrative procedures by agencies and units under the Ministry of National Defense or independent reviews and evaluations, the Legal Affairs Department of the Ministry of National Defense shall consolidate and report to the Minister of National Defense to decide on amendment, supplementation, replacement, abolition, or cancellation options within its authority, or to consolidate amendment, supplementation, replacement, and abolition options of administrative procedures and related regulations within the authority of the Government and Prime Minister before submitting them to the Minister of National Defense for approval prior to sending to the Ministry of Justice for examination and evaluation in accordance with regulations.

Chapter VI

RECEIVING AND HANDLING COMPLAINTS AND PETITIONS REGARDING ADMINISTRATIVE REGULATIONS

Article 24. Receiving Complaints and Petitions

1. The Legal Affairs Department of the Ministry of National Defense is the focal point for receiving complaints and petitions from individuals and organizations regarding administrative regulations within the scope of the Ministry of National Defense's state management functions.

2. Address for Receiving Complaints and Petitions

a) Legal Affairs Department of the Ministry of National Defense, No. 01 Nguyen Tri Phuong Street, Quan Thanh Ward, Ba Dinh District, Hanoi City;

b) Email: [email protected];

c) Website: http://bqp.gov.vn;

d) Telephone number for receiving complaints and petitions: 069.694.334.

Article 25. Methods for Receiving Reflections and Suggestions

1. Written Reflections and Suggestions

The Legal Affairs Department of the Ministry of National Defense shall receive, classify reflections and suggestions and transfer them to relevant agencies and units for handling within their jurisdiction.

2. Direct Reflections and Suggestions

In cases where organizations or individuals come directly to make reflections and suggestions, the Legal Affairs Department of the Ministry of National Defense shall assign personnel to receive and guide these organizations or individuals to write down their reflections and suggestions in writing, or record the content of their reflections and suggestions in writing.

3. Reflections and Suggestions via Telephone

Organizations or individuals making reflections and suggestions to the Ministry of National Defense through telephone must comply with the requirements stipulated in Clause 2, Article 7 of Decree No. 20/2008/NĐ-CP dated February 14, 2008, of the Government on receiving and handling reflections and suggestions from individuals and organizations regarding administrative regulations (hereinafter referred to as Decree No. 20/2008/NĐ-CP).

4. Reflections and Suggestions via Electronic Data

Reflections and suggestions sent via electronic data to the email box: [email protected] or through the website shall be printed out in paper form. http://bqp.gov.vnshall be printed out in the form of a paper document.

5. Reflections and Suggestions Through Questionnaires or Discussions, Comments (with name, workplace) at Seminars, Conferences related to administrative regulations within the scope of the Ministry of National Defense's management functions shall be considered valid reflections and suggestions from organizations and individuals regarding administrative regulations and administrative procedures within the scope of the Ministry of National Defense's management functions.

6. The Legal Affairs Department of the Ministry of National Defense shall take the lead and coordinate with relevant agencies and units to organize seminars to seek opinions from organizations and individuals on administrative regulations within the scope of the Ministry of National Defense's management functions according to the decision of the Minister of National Defense.

Article 26Classification and Handling of Reflections and Suggestions

1. For reflections and suggestions within the jurisdiction of the Ministry of National Defense, within five working days from the date of receipt, the Legal Affairs Department of the Ministry of National Defense shall transfer the reflections and suggestions to the relevant agency or unit or the unit directly managing the staff whose actions are reflected or suggested for handling in accordance with state laws and military discipline.

The Legal Affairs Department of the Ministry of National Defense shall report to the Minister of National Defense to take the lead in handling some reflections and suggestions about administrative regulations that have a significant impact on military and defense activities or have been handled but individuals or organizations continue to suggest.

2. If the reflections and suggestions are not within the jurisdiction of the Ministry of National Defense, the Legal Affairs Department of the Ministry of National Defense shall guide organizations and individuals to submit their reflections and suggestions to the relevant agency or transfer the reflections and suggestions to the competent authority for handling in accordance with the law.

3. Agencies and units under the Ministry of National Defense, upon receiving the transferred reflections and suggestions from the Legal Affairs Department of the Ministry of National Defense, shall be responsible for examining and handling in accordance with the law, reporting to the Minister of National Defense on the handling within seven working days from the date of receipt of the reflections and suggestions, and simultaneously sending the handling document back to the Legal Affairs Department of the Ministry of National Defense to inform the results of the handling to the individuals or organizations that made the reflections and suggestions.

4. Agencies and units directly receiving reflections and suggestions from individuals and organizations regarding administrative regulations shall implement in accordance with Article 25 of this Circular, Clauses 1, 2, and 3 of this Article.

If it falls within the jurisdiction for resolution, report the results to the Ministry of National Defense (through the Legal Affairs Department of the Ministry of National Defense) for consolidation;

If it does not fall within the jurisdiction for resolution, transfer it to the Ministry of National Defense (through the Legal Affairs Department of the Ministry of National Defense) for consideration and resolution.

Article 27Urging and Inspecting the Handling of Reflections and Suggestions

The Legal Affairs Department of the Ministry of National Defense shall be responsible for monitoring, urging, and inspecting the handling of reflections and suggestions by agencies; promptly reporting and proposing necessary measures to the Minister of National Defense to improve administrative discipline in handling reflections and suggestions from individuals and organizations.

Article 28Publicizing the Results of Handling Reflections and Suggestions

The Legal Affairs Department of the Ministry of National Defense shall take the lead and coordinate with relevant agencies and units to organize the publicizing of the results of handling reflections and suggestions from individuals and organizations regarding administrative regulations in accordance with Article 19 of Decree No. 20/2008/NĐ-CP.

 

Chapter VII

REPORTING SYSTEM ON SITUATION AND RESULTS

IMPLEMENTATION OF ADMINISTRATIVE PROCEDURE CONTROL

Article 29Reporting Period and Reporting Deadline

1. Agencies and units under the Ministry of National Defense shall regularly report to the Minister of National Defense every six months and annually on the situation and results of administrative procedure control activities or report as required (the annual report is compiled from the first half-year report and the second half-year report) in accordance with Model No. 09 attached to this Circular.

2. The deadline for submitting regular reports every six months and annually to the Legal Affairs Department of the Ministry of National Defense for consolidation and reporting to the Minister of National Defense before submission to the Ministry of Justice as prescribed is as follows:

a) Six-month report: Latest by May 25 each year, submitted to the Legal Affairs Department of the Ministry of National Defense and sent to the Ministry of Justice before June 2 each year;

b) First annual report: Latest by November 25 each year, submitted to the Legal Affairs Department of the Ministry of National Defense for submission to the Ministry of Justice before December 2 each year;

c) Official annual consolidated report: Latest by March 10 of the following year, submitted to the Legal Affairs Department of the Ministry of National Defense for consolidation and reporting to the Minister of National Defense before submission to the Ministry of Justice before March 15 of the following year.

Article 30Responsibilities and Content of Reports

1. Agencies and units under the Ministry of National Defense shall be responsible for reporting regularly in accordance with Article 29 of this Circular, Article 13 of Circular No. 05/2014/TT-BTP and implementing Models No. 04, 05, 06 (if applicable), 07 and Model No. 08 attached to this Circular.

2. The Legal System Department of the Ministry of National Defense shall be responsible for compiling information on the situation and results of administrative procedure control activities of the Ministry of National Defense to report to the Minister of National Defense before submitting to the Ministry of Justice. The compilation shall be carried out according to Forms No. 01a/BTP/KSTT/KTTH, 02a/BTP/KSTT/KTTH, 03b/BTP/KSTT/KTTH, 04a/BTP/KSTT/KTTH, 05a/BTP/KSTT/KTTH (if applicable), 06b/BTP/KSTT/KTTH, 07e/BTP/KSTT/KTTH attached as Appendix III and the outline of the report attached as Appendix IV issued together with Circular No. 05/2014/TT-BTP.

 

Chapter VII

RESPONSIBILITIES FOR ADMINISTRATIVE PROCEDURE CONTROL

Article 31. Agencies and units

1. Develop annual plans for reviewing and evaluating administrative procedures, to be implemented according to the Form attached as Appendix V issued together with Circular No. 07/2014/TT-BTP, and submit them to the Legal System Department of the Ministry of National Defense before January 10 of each planning year for consolidation and monitoring.

2. Report periodically every six months to the Minister of National Defense on the situation and results of administrative procedure control activities; report annually or ad hoc as required by the Minister of National Defense.

Reports shall be submitted to the Legal System Department of the Ministry of National Defense within the time limit specified in Clause 2, Article 29 of this Circular for consolidation and reporting to the Minister of National Defense.

The content of periodic reports shall be implemented in accordance with Clause 3, Article 35 of Decree No. 63/2010/NĐ-CP amended and supplemented by Clause 10, Article 1 of Decree No. 48/2013/NĐ-CP.

3. Implement reviews according to plans or at the request of the Minister of National Defense of regulations on administrative procedures within their scope of functions and tasks assigned to manage.

4. Conduct impact assessments, seek opinions on administrative procedures, publish and disclose administrative procedures in accordance with this Circular and related documents.

5. Publicly post administrative procedures within their authority to handle in accordance with the provisions.

6. Handle and report to the Minister of National Defense on the handling of feedback and suggestions regarding administrative regulations within their scope of functions and tasks assigned to manage.

7. Assign and create conditions for staff to perform administrative procedure control tasks in their areas of responsibility; coordinate with the Legal System Department of the Ministry of National Defense to perform tasks related to administrative procedure control or as requested by the Minister of National Defense.

8. Organize the implementation and bear responsibility before the Minister of National Defense for administrative procedure control activities and the results of administrative procedures handled by their agency.

Article 32. Legal System Department Ministry of National Defense

1. Assist the Minister of National Defense in implementing administrative procedure control work in the Ministry of National Defense.

2. Participate in providing opinions and reviewing legal normative documents containing administrative procedures; receive and process feedback and suggestions concerning administrative procedures.

3. Take the lead and coordinate with relevant agencies and units to develop plans for administrative procedure control work; annual review and evaluation plans for administrative procedure regulations, to be submitted to the Minister of National Defense for consideration and decision, and sent to the Administrative Procedure Control Department of the Ministry of Justice before January 31 of each planning year.

4. Compile and prepare periodic six-month and annual reports on the situation and results of administrative procedure control activities of the Ministry of National Defense, to be sent to the Ministry of Justice or ad hoc reports as required by the Government and Prime Minister.

5. Organize training and capacity building for legal officers, staff involved in administrative procedure control, and staff assigned to perform administrative procedure control tasks.

6. Establish files of documents and administrative procedure files on the National Database on Administrative Procedures.

7. Propose the Administrative Procedure Control Department of the Ministry of Justice to upload administrative procedure data onto the National Database on Administrative Procedures.

Article 33. Legal system departments of agencies and units

1. Assist the leadership of agencies and units in urging the implementation of impact assessments, reviews, publication, disclosure, and posting of administrative procedures; receive and process feedback and suggestions on administrative regulations within the scope of functions and tasks assigned to the agencies and units.

2. Assist the leadership of agencies and units in developing administrative procedure control plans and annual review and evaluation plans for administrative procedures within the scope of functions and tasks assigned to the agencies and units, to be submitted to the Legal System Department of the Ministry of National Defense for consolidation and submission to the Minister of National Defense.

3. Assist the leadership of agencies and units in developing periodic six-month and annual administrative procedure control reports, or ad hoc reports, to be submitted to the Legal System Department of the Ministry of National Defense for consolidation and reporting to the Minister of National Defense before submission to the Ministry of Justice as prescribed.

Chapter IX

IMPLEMENTING PROVISIONS

Article 34. Effective date

1. This Circular takes effect from September 25, 2015, and replaces Circular No. 186/2011/TT-BQP dated October 24, 2011, issued by the Minister of National Defense on the Administrative Procedure Control Regulations of the Ministry of National Defense.

2. Legal normative documents cited in this Circular are published on the Ministry of National Defense's Electronic Information Portal at the address http://bqp.vn under the "Military Law - National Defense" page, in the "introduction to legal normative documents" section. In case there are changes, supplements, or replacements to the legal normative documents and regulations cited in this Circular, they shall be applied according to the new legal normative documents.

Article 35. Responsibility for Implementation

1. The Chief of General Staff, the Director of the Political General Department, the Directors of the various general departments, the heads of agencies and units, and individuals concerned are responsible for implementing this Circular.

2. The Head of the Legal System Department is responsible for inspecting and urging agencies and units to implement this Circular.

During the implementation process, in case of difficulties, agencies and units and individuals are requested to promptly reflect these issues to the Ministry of National Defense (through the Legal System Department of the Ministry of National Defense) for research, amendment, and supplementation to ensure compliance./.