Decree No. 92/2017/ND-CP Amending and supplementing certain articles of related decrees concerning administrative procedure control

DECREE

AMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF DECREE NO. 20/2008/NĐ-CP ON THE RECEIVING AND HANDLING OF CITIZENS' AND ORGANIZATIONS' REFLECTIONS AND SUGGESTIONS REGARDING ADMINISTRATIVE REGULATIONS; DECREE NO. 63/2010/NĐ-CP ON ADMINISTRATIVE PROCEDURE CONTROL; DECREE NO. 48/2013/NĐ-CP AMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF DECREES RELATED TO ADMINISTRATIVE PROCEDURE CONTROL; DECREE NO. 24/2014/NĐ-CP ON THE ORGANIZATION OF SPECIALIZED AGENCIES UNDER THE PEOPLE'S COMMITTEES OF PROVINCES AND MUNICIPALITIES DIRECTLY UNDER THE CENTRAL GOVERNMENT; DECREE NO. 37/2014/NĐ-CP ON THE ORGANIZATION OF SPECIALIZED AGENCIES UNDER THE PEOPLE'S COMMITTEES OF DISTRICTS, QUARTERS, MARKET TOWNS, AND TOWNS UNDER PROVINCES; DECREE NO. 34/2016/NĐ-CP PROVIDING DETAILED PROVISIONS ON CERTAIN PROVISIONS AND MEASURES FOR IMPLEMENTATION OF THE LAW ON ENACTING LEGAL DOCUMENTS; AND DECREE NO. 123/2016/NĐ-CP ON THE FUNCTIONS, TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE OF MINISTRIES AND GOVERNMENT-AFFILIATED AGENCIES. CONTROL OF ADMINISTRATIVE PROCEDURES

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

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

Pursuant to the Law on Legislative Documents dated June 22, 2015;

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

||| The Government issues this Decree to amend and supplement certain provisions of Decree No. 20/2008/NĐ-CP dated February 14, 2008, on receiving and handling citizens' and organizations' reflections and suggestions regarding administrative regulations; Decree No. 63/2010/NĐ-CP dated June 8, 2010, on administrative procedure control; Decree No. 48/2013/NĐ-CP dated May 14, 2013, amending and supplementing certain provisions of decrees related to administrative procedure control; Decree No. 24/2014/NĐ-CP dated April 4, 2014, on the organization of specialized agencies under the People's Committees of provinces and municipalities directly under the central government; Decree No. 37/2014/NĐ-CP dated May 5, 2014, on the organization of specialized agencies under the People's Committees of districts, quarters, market towns, and towns under provinces; Decree No. 34/2016/NĐ-CP dated May 14, 2016, providing detailed provisions on certain provisions and measures for implementation of the Law on Enacting Legal Documents; and Decree No. 123/2016/NĐ-CP dated September 1, 2016, on the functions, tasks, powers, and organizational structure of ministries and government-affiliated agencies.

Article 1. Amend and supplement certain provisions of Decree No. 63/2010/NĐ-CP dated June 8, 2010, of the Government on administrative procedure control as follows:

1. Amend Clause 3 of Article 4:

"3. Administrative procedure control shall be carried out from the stage of proposing to draft legal documents and shall continue regularly and continuously throughout the process of implementing administrative procedures."

2. Amend Article 8:

"Article 8. Requirements for the formulation of administrative procedures

1. Administrative procedures must be stipulated in legal documents within the scope of authority as prescribed by the Law on Enacting Legal Documents.

2. The establishment of an administrative procedure is only completed when it fully satisfies the following basic components:

a) Name of the administrative procedure;

b) Implementation process;

c) Methods of implementation;

d) File components and quantity;

đ) Time limit for resolution;

e) Subjects implementing the administrative procedure;

g) Agency resolving the administrative procedure;

h) In cases where administrative procedures require sample forms, administrative declaration forms, results of administrative procedures, requirements, conditions, fees, and charges, such sample forms, administrative declaration forms, results of administrative procedures, requirements, conditions, fees, and charges are components of the administrative procedures.

3. When entrusted by law to formulate administrative procedures, the agency or person with the authority to issue legal documents shall have the responsibility to clearly, specifically, and comprehensively stipulate the components of administrative procedures according to the provisions of Clause 2 of this Article."

3. Amend Article 10:

"Article 10. Impact assessment of administrative procedures

The implementation of impact assessments of administrative procedures in proposals to draft legal documents and projects, drafts of legal documents shall be carried out in accordance with the provisions of the Law on Enacting Legal Documents, Decree No. 34/2016/NĐ-CP dated May 14, 2016, providing detailed provisions on certain provisions and measures for implementation of the Law on Enacting Legal Documents, and guidelines of the Ministry of Justice."

4. Amend Clause 2 of Article 13:

"2. The Chairman of the People's Committee of provinces and municipalities directly under the central government shall announce:

a) The list of administrative procedures within the jurisdiction of authorities at all levels in the province or municipality directly under the central government, including the name, legal basis, time, location, and fees and charges when delegated or authorized.

b) Administrative procedures assigned to formulate or detail in legal documents of authorities at all levels in the province or municipality directly under the central government."

5. Amend Clause 1 of Article 15 (amended and supplemented by Clause 5 of Article 1 of Decree No. 48/2013/NĐ-CP dated May 14, 2013, amending and supplementing certain provisions of decrees related to administrative procedure control):

"Article 15. Decision on announcing administrative procedures

The decision on announcing administrative procedures of the agencies specified in Clause 1 of Article 13 of this Decree must be issued no later than twenty days before the legal document stipulating the administrative procedures takes effect.

The decision on announcing administrative procedures of the agencies specified in Clauses 2 and 3 of Article 13 of this Decree must be issued no later than five days before the legal document stipulating the administrative procedures takes effect.

In cases where legal documents are enacted through simplified procedures and take effect immediately upon adoption or issuance, the decision on announcing administrative procedures must be issued no later than three days after the announcement or issuance of the legal document stipulating the administrative procedures.

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

1. For decisions on announcing newly issued administrative procedures, the content of the decision includes:

a) The components of administrative procedures as stipulated in Clause 2 of Article 8 of this Decree;

b) The legal document stipulating the administrative procedures."

6. Amend Article 17:

"Article 17. Forms of public disclosure

1. Administrative procedures that have been announced by the competent authority must be fully, accurately, and promptly disclosed through the following forms:

a) Disclosure on the National Database of Administrative Procedures.

b) Disclosure at the offices of units directly receiving and processing administrative procedures through posting or using appropriate electronic methods based on the decision on announcing administrative procedures or extracting, connecting, and integrating data on administrative procedures from the National Database of Administrative Procedures.

c) Posting on the Government Portal, the portal of ministries and government-affiliated agencies, and the portals of provincial people's committees directly under the central government based on connecting and integrating with the National Database of Administrative Procedures.

2. In addition to the mandatory forms of disclosure under Clause 1 of this Article, the disclosure of administrative procedures may be carried out through other suitable forms based on the actual conditions of the agencies, units, and entities implementing the administrative procedures."

7. Amend Article 24:

"Article 24. Inputting and publicly disclosing announced administrative procedures

1. The Minister, the Head of an equivalent ministry, the Chairman of the People's Committee of a province or centrally governed city shall be responsible for organizing the entry and public posting of administrative procedures and regulations on administrative procedures that have been announced into the National Database on Administrative Procedures; at the same time, they shall be responsible for the accuracy of the administrative procedures in the National Database on Administrative Procedures.

2. The deadline for entering and publicly posting announced administrative procedures into the National Database on Administrative Procedures shall not exceed ten working days from the date of signing the announcement decision by the Minister or the Head of an equivalent ministry; five working days from the date of signing the announcement decision by the Chairman of the People's Committee of a province or centrally governed city; two working days from the date of signing the announcement decision on administrative procedures in normative legal documents issued through simplified procedures which take effect from the date of approval or issuance.

8. Amend Clause 1, Clause 2 of Article 26:

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

1. The Government Office shall be responsible for leading and coordinating with ministries, sectors, and localities to build and maintain the National Database on Administrative Procedures; guiding, reviewing, evaluating, inspecting, and managing the entry, public posting, exploitation, and management of administrative procedure data in the National Database on Administrative Procedures.

2. Ministries, equivalent ministries, provincial People's Committees, and centrally governed city People's Committees shall be responsible for managing login accounts, reviewing, posting, inspecting, and reviewing administrative procedure data; ensuring consistency and synchronization between administrative procedures posted on the National Database, administrative procedures posted on the electronic portal of ministries, sectors, and localities, and administrative procedures publicly disclosed at places where administrative procedures are received and processed."

9. Amend Clause 1 of Article 28:

"Article 28. Content of Review and Evaluation

1. The necessity, rationality, legality of administrative procedures, related provisions on administrative procedures, and compliance costs of administrative procedures shall be reviewed and evaluated."

10. Replace the phrases "Legal Affairs Organization of the Ministry, equivalent Ministry," "Legal Affairs Organization of the Ministry, equivalent Ministry," and "Legal Affairs Organization of the Ministry, equivalent Ministry" with the phrase "Ministry Office, equivalent Ministry"; replace the phrase "Head of Legal Affairs Organization" with the phrase "Director of the Ministry Office, equivalent Ministry"; replace the phrase "Department of Justice" with the phrase "People's Committee Office of the province, centrally governed city"; replace the phrase "Department of Justice Director" with the phrase "Director of the People's Committee Office of the province, centrally governed city" in Article 5, Article 9, and Article 35a (amended and supplemented in Clause 1, Clause 2, Clause 11 of Article 1 of Decree No. 48/2013/NĐ-CP dated May 14, 2013 of the Government amending and supplementing certain articles of decrees related to administrative procedure control).

11. Replace the phrases "project, draft normative legal document" with the phrase "proposal for building normative legal document and project, draft normative legal document"; replace the phrase "normative legal document project" with the phrase "proposal for building normative legal document and normative legal document project"; replace the phrase "draft normative legal document" with the phrase "proposal for building normative legal document and draft normative legal document" in Article 9, Article 11 (amended and supplemented in Clause 2, Clause 4 of Article 1 of Decree No. 48/2013/NĐ-CP dated May 14, 2013 of the Government amending and supplementing certain articles of decrees related to administrative procedure control).

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

1. Supplement Clause 6 of Article 3:

"6. The system for receiving, handling complaints and suggestions is an electronic information system with functions to support the receipt, processing, and publicizing of results of handling complaints and suggestions about administrative regulations from individuals and organizations."

2. Supplement Clause 4 of Article 6:

"4. Data messages sent via email from the receiving agency, the Electronic Information Portal of ministries, sectors, localities, or the System for Receiving and Handling Complaints and Suggestions."

3. Supplement Clause 4 of Article 7:

"4. Requirements for complaints and suggestions submitted through data message emails from the receiving agency, the Electronic Information Portal of ministries, sectors, localities, or the System for Receiving and Handling Complaints and Suggestions:

a) Complaints and suggestions must be sent to the correct email address, access portal of the Electronic Information Portal of ministries, sectors, localities, or the address of the System for Receiving and Handling Complaints and Suggestions that have been publicly announced by the receiving agency.

b) Use Vietnamese language; Vietnamese character font according to Vietnamese National Standard TCVN 6909:2001.

c) Clearly express the content of complaints and suggestions.

d) Clearly state the name, address, phone number, email address, or postal address when contact is needed for individuals or organizations making complaints and suggestions.

đ) Attach files with appropriate formats as required by the system."

4. Supplement Clause 3 of Article 9:

"3. For complaints and suggestions made through electronic data message forms, the competent administrative state agencies receiving them must follow the procedures below:

a) Guide individuals and organizations to implement complaints and suggestions in accordance with Clause 4 of Article 7 of this Decree;

b) Log in to the Electronic Information Portal of ministries, sectors, localities, or the System for Receiving and Handling Complaints and Suggestions to receive complaints and suggestions;

c) Study, evaluate, and classify complaints and suggestions:

- Not accept complaints and suggestions that do not meet the requirements stipulated in Clause 4 of Article 7 of this Decree;

- Complaints and suggestions about specific difficulties in implementing administrative regulations due to delays, causing inconvenience, or failure to implement, or incorrect implementation of administrative regulations by administrative state agencies or civil servants;

In this case, the receiving agency must transfer the complaints and suggestions to the competent administrative state agency for handling in accordance with the law through the System for Receiving and Handling Complaints and Suggestions.

- Complaints and suggestions about administrative regulations within the jurisdiction of the receiving agency;

- Complaints and suggestions about administrative regulations outside the jurisdiction of the receiving agency.

In this case, the receiving agency must transfer the complaints and suggestions to the competent agency for handling through the System for Receiving and Handling Complaints and Suggestions within five working days from the date of receipt.

đ) Store the data messages about received complaints and suggestions in the database of the Electronic Information Portal of ministries, sectors, localities, or the System for Receiving and Handling Complaints and Suggestions."

5. Amend Clause 2 and Clause 3 of Article 10:

"2. Install dedicated telephone lines, build functions to receive complaints and suggestions on the Electronic Information Portal of ministries, sectors, localities.

3. Publicly announce the address of the agency, postal address, dedicated telephone number, email address, address of the Electronic Information Portal, and address of the System for Receiving and Handling Complaints and Suggestions in accordance with Article 13 of this Decree."

6. Amend Point e of Clause 2 of Article 14:

"e) Organize the retention of files on complaints and suggestions that have been handled in accordance with the law on archives, while storing them in the System for Receiving and Handling Complaints and Suggestions."

7. Amend Clause 3 of Article 16:

"3. Organize the storage of files, documents, and electronic data on complaints and suggestions about administrative regulations and their handling results."

8. Amend Clause 1 of Article 19:

"1. Publish on the System for Receiving and Handling Complaints and Suggestions; on the Portal or Website of the agency."

9. Amend Article 20:

"Article 20. Building the System for Receiving and Handling Complaints and Suggestions about Administrative Regulations

1. The Office of the Government shall be responsible for:

a) Building and managing the unified System for Receiving and Handling Complaints and Suggestions about Administrative Regulations nationwide.

b) Publicly announcing complaints and suggestions about administrative regulations that have been processed by authorized authorities on the System for Receiving and Handling Complaints and Suggestions about Administrative Regulations and the Government's Electronic Information Portal;

c) Guiding ministries, equivalent agencies, and provincial People's Committees in managing, exploiting, and using the System for Receiving and Handling Complaints and Suggestions about Administrative Regulations;

d) Organizing the connection, integration, and exchange of electronic data on complaints and suggestions about administrative regulations between the Electronic Information Portals of ministries, sectors, localities, and the System for Receiving and Handling Complaints and Suggestions about Administrative Regulations.

2. Ministries, equivalent agencies, and provincial People's Committees shall be responsible for:

a) Managing, exploiting, and using the System for Receiving and Handling Complaints and Suggestions about Administrative Regulations in accordance with the guidance of the Office of the Government;

b) Cooperating with the Office of the Government to connect, integrate, and exchange electronic data on complaints and suggestions about administrative regulations between the Electronic Information Portals of ministries, sectors, localities, and the System for Receiving and Handling Complaints and Suggestions about Administrative Regulations; updating the situation and results of handling complaints and suggestions into the System for Receiving and Handling Complaints and Suggestions in accordance with the guidance of the Office of the Government."

10. Replace the phrase "reception book" with the phrase "System for Receiving and Handling Complaints and Suggestions about Administrative Regulations" at Point c of Clause 1 and Point g of Clause 2 of Article 9.

Article 3. Amend, supplement, and abolish certain articles and clauses of Decree No. 24/2014/NĐ-CP dated April 4, 2014 of the Government on the organization of specialized agencies under provincial People's Committees and municipal People's Committees directly under the central government as follows:

1. Delete the phrase "inspection of administrative procedures" in Clause 2, Article 8.

2. Amend Clause 17, Article 8:

"17. Office of the People's Committee: Provide advisory services and assist the provincial People's Committee in matters concerning: Programs and work plans; inspection of administrative procedures; implementation of the single window mechanism and the interlinked single window mechanism for administrative procedures within the jurisdiction of the province, district, and commune levels; organization, management, and publication of official information about the activities of the People's Committee and the Chairman of the provincial People's Committee; serve as the focal point for the electronic portal and connect to the electronic administrative information system for guidance and control by the People's Committee and the Chairman of the provincial People's Committee; manage the official gazette and support common activities of the provincial People's Committee; assist the Chairman and Deputy Chairmen of the provincial People's Committee in performing their duties and powers according to their authority; manage archives and internal administrative affairs of the Office."

Article 4. Amend, supplement, and abolish certain articles and clauses of Decree No. 37/2014/NĐ-CP dated May 5, 2014 of the Government on the organization of specialized agencies under district People's Committees, urban districts, townships, and provincial cities as follows:

1. Delete the phrase "inspection of administrative procedures" in Clause 2, Article 7.

2. Amend Clause 10, Article 7:

"10. Office of the People's Council and People's Committee: Provide advisory services and comprehensive support to the People's Council and People's Committee in matters concerning: Activities of the People's Council and People's Committee; provide advisory services to the Chairman of the People's Committee on guidance and control by the Chairman of the People's Committee; inspection of administrative procedures; provision of information to support management and activities of the People's Council, People's Committee, and local state agencies; ensure material and technical facilities for the activities of the People's Council and People's Committee; implement the single window mechanism and the interlinked single window mechanism for administrative procedures within the jurisdiction of the district level; guide, receive files from individuals and organizations in all fields within the jurisdiction of the district People's Committee, transfer files to specialized agencies under the district People's Committee for processing, and receive results to return to individuals and organizations. "

For districts where ethnic minority groups reside but do not meet the criteria for establishing an agency responsible for ethnic affairs, the Office of the People's Council and People's Committee shall advise and assist the People's Committee in performing state management functions regarding ethnic affairs.

For administrative units at the district level with national land borders on land, sea, and islands, the Office of the People's Council and People's Committee shall advise and assist the People's Committee in performing state management functions regarding foreign affairs and border issues.

Article 5. Amend and supplement Clauses 1 and 2 of Article 19 of Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government on the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies as follows:

"Article 19. Office under the ministry

1. The Office is an entity under the ministry, performing advisory services and support for the ministry's programs and work plans and serving the ministry's activities; assist the Minister in summarizing, monitoring, and urging organizations and units under the ministry to implement the ministry's programs and work plans; inspect administrative procedures, implement the single window mechanism and the interlinked single window mechanism for administrative procedures within the jurisdiction of the central level as prescribed by law.

2. The Office performs tasks related to administrative affairs, document management, and archiving; inspect administrative procedures, reform administrative procedures, implement the single window mechanism and the interlinked single window mechanism for administrative procedures within the jurisdiction of the central level; manage material and technical facilities, assets, operational funds, and ensure working conditions and means; provide general support for the ministry's activities and internal administrative management; perform other tasks as prescribed by law or assigned by the Minister."

Article 6. Transitional Provisions

1. In cases where decrees on the functions, tasks, powers, and organizational structures of ministries and ministerial-level agencies have been issued before this decree takes effect, ministries and ministerial-level agencies shall reorganize the Administrative Procedure Inspection Department under the Office of the Ministry or ministerial-level agency based on transferring the Administrative Procedure Inspection Department from the Legal Organization in cases where the Legal Organization has such a department, or establish the Administrative Procedure Inspection Department under the Office of the Ministry or ministerial-level agency to perform the functions and tasks of inspecting administrative procedures, reforming administrative procedures, and implementing the single window mechanism and the interlinked single window mechanism for administrative procedures as stipulated in this decree. The Ministry of Public Security shall follow the provisions of the Law on People's Police.

Article 7. Responsibilities for Organizing Implementation

1. The Office of the Government shall be responsible for:

a) Guide the implementation of the publication and disclosure of administrative procedures; review and evaluate administrative procedures; build, manage, and operate the National Database on Administrative Procedures; inspect, summarize, and report on the situation and results of administrative procedure inspection work and other contents as prescribed in this decree.

b) Monitor, urge, and inspect the implementation of this decree.

2. The Ministry of Justice shall be responsible for reviewing and revoking in whole or in part Circulars issued by the Minister of Justice when Circulars guiding the implementation of the contents prescribed in Point a Clause 1 of this Article come into effect.

3. The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally governed city People's Committees, relevant organizations, and individuals shall be responsible for implementing this Decree.

Article 8. Implementation clause

1. This Decree takes effect from September 25, 2017.

2. This Decree revokes Clause 3a of Article 3, Clause 3a of Article 5, and Clause 3a of Article 6 of 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 (amended and supplemented by Article 4 of Decree No. 48/2013/NĐ-CP dated May 14, 2013 of the Government amending and supplementing certain articles of decrees related to administrative procedure control); and revokes the phrase "administrative procedure control" in Point c Clause 2 of Article 174 of Decree No. 34/2016/NĐ-CP dated May 14, 2016 of the Government detailing certain provisions and measures to implement the Law on Legislative Regulatory Documents./