Quyết định 93/2007/QD-TTg

DECISION

PROMULGATING THE REGULATION ON IMPLEMENTATION OF ONE-STOP SHOP AND INTER-AGENCY ONE-STOP SHOP MECHANISMS IN LOCAL STATE ADMINISTRATIVE AGENCIES

THE PRIME MINISTER

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the Prime Ministers Decision No. 94/2006/QD-TTg of April 27, 2006, promulgating the Plan on state administrative reform in the 2006-2010 period;
At the proposal of the Minister of Home Affairs,

DECIDES:

Article 1. To promulgate together with this Decision the Regulation on implementation of one-stop shop and inter-agency one-stop shop mechanisms in local state administrative agencies.

Article 2. This Decision takes effect 15 days after its publication in CONG BAO.

This Decision replaces the Prime Ministers Decision No. 181/2003/QD-TTg of September 4, 2003, promulgating the Regulation on implementation of the one-stop shop mechanism in local state administrative agencies.

Article 3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and presidents of provincial/municipal Peoples Committees shall implement this Decision.

REGULATION

ON IMPLEMENTATION OF ONE-STOP SHOP AND INTER-AGENCY ONE-STOP SHOP MECHANISMS IN LOCAL STATE ADMINISTRATIVE AGENCIES
(Promulgated together with the Prime Ministers Decision No. 93/2007/QD-TTg of June 22, 2007)

Chapter I

GENERAL PROVISIONS

Article 1. One-stop shop and inter-agency one-stop shop mechanisms

1. One-stop shop mechanism means a mechanism for settlement of affairs of organizations and individuals, including foreign organizations and individuals (below referred to as organizations and individuals), which fall within the responsibilities and competence of a state administrative agency, covering provision of guidance, receipt of papers and dossiers, settlement of affairs and notification of settlement results through the request-receiving and result-notifying section of the state administrative agency.

2. Inter-agency one-stop shop mechanism means a mechanism for settlement of organizations and individuals affairs which fall within the responsibilities and competence of many state administrative agencies of the same level or of different administrative levels, covering provision of guidance, receipt of papers and dossiers, settlement of affairs and notification of settlement results through the request-receiving and result-notifying section of a state administrative agency.

Article 2. Principles for implementation of one-stop shop and inter-agency one-stop shop mechanisms

1. Ensuring simple, clear and lawful administrative procedures.

2. Publicizing administrative procedures, charge and fee rates, papers, dossiers, and time for settlement of affairs of organizations and individuals.

3. Receiving requests and notifying results at request-receiving and result- notifying sections.

4. Ensuring speedy and convenient settlement of affairs of organizations and individuals.

5. Ensuring coordination among relevant sections and state administrative agencies in the settlement of affairs of organizations and individuals.

Article 3. Application of one-stop shop and inter-agency one-stop shop mechanisms to agencies

1. The one-stop shop mechanism applies to the following agencies:

a/ Peoples Committee Offices, Services and agencies of equivalent level (below referred to as provincial-level specialized agencies) under Peoples Committees of provinces and centrally run cities (below referred to as provincial-level Peoples Committees);

b/ Peoples Committees of rural and urban districts, towns and provincial cities (below referred to as district-level Peoples Committees);

c/ Peoples Committees of communes, wards and townships (below referred to as commune-level Peoples Committees);

d/ Locally-based subordinate agencies of ministries, ministerial-level agencies and government-attached agencies.

2. The inter-agency one-stop shop mechanism applies to agencies defined in Clause 1, Article 3 of this Regulation. Provincial-level Peoples Committee presidents shall, pursuant to the provisions of law and based on their local practical situation, decide on types of affairs to be settled under the inter-agency one-stop shop mechanism.

3. Provincial-level Peoples Committee presidents shall report to the Prime Minister for consideration and permission to postpone the implementation of one-stop shop and inter agency one-stop shop mechanisms in thinly populated island districts where organizations or individuals have few affairs settled by administrative agencies and in exceptional difficulty-stricken communes in deep-lying, remote, mountainous and island areas.

Article 4. Scope of application of one-stop shop and inter-agency one-stop shop mechanisms

1. The one-stop shop mechanism is applied to settlement of affairs directly related to organizations and individuals in accordance with law which fall within the responsibilities and competence of local state administrative agencies defined in Clause 1, Article 3 of this Regulation.

2. The inter-agency one-stop shop mechanism is applied to settlement of affairs in several domains directly related to organizations and individuals in accordance with law which fall within the responsibilities and competence of different state administrative agencies defined in Clause 1, Article 3 of this Regulation.

Chapter II

RESPONSIBILITIES TO IMPLEMENT ONE-STOP SHOP AND INTER-AGENCY ONE-STOP SHOP MECHANISMS

Article 5. Responsibilities of provincial-level Peoples Committee presidents

1. To issue decisions on the implementation of one-stop shop or inter-agency one-stop shop mechanism in the settlement of affairs directly related to organizations and individuals by agencies defined in Clauses 1 and 2, Article 3 of this Regulation.

2. Pursuant to the provisions of law, to classify affairs to be settled under the one-stop shop or inter-agency one-stop shop mechanism, including those to be settled right on the working day requiring no papers of appointment and those requiring the issuance of papers of appointment.

3. To uniformly prescribe the time for settlement of affairs, guide and direct the collection of charges and fees in accordance with law.

4. To submit to provincial-level Peoples Councils for decision allowances for cadres and civil servants working in request-receiving and result-notifying sections at all levels after reaching agreement with relevant ministries and agencies; to provide for work-trip allowances for these cadres and civil servants in compliance with the Finance Ministrys regulations; to decide on the rates of charges and fees which provincial-level Peoples Councils are competent to promulgate.

5. Biannually and annually, to inspect the implementation of one-stop shop and inter-agency one-stop shop mechanisms under their management;

Article 6. Responsibilities of heads of provincial-level specialized agencies, presidents of district-level Peoples Committees and presidents of commune-level Peoples Committees

1. To appoint cadres and civil servants who have proper professional qualifications to work in request-receiving and result-notifying sections.

2. To promulgate regulations on the process of receipt, transfer, processing, submission for signing, and return of dossiers to request-receiving and result-notifying sections; responsibilities of relevant sections and agencies in the implementation of one-stop shop and inter-agency one-stop shop mechanisms and responsibilities of cadres and civil servants working in request-receiving and result-notifying sections.

3. To publicly post up regulations, administrative procedures, papers, dossiers, charge and fee rates, and time for settlement of affairs at request-receiving and result- notifying sections.

4. To provide cadres and civil servants directly working in request-receiving and result-notifying sections with training in professional skills and ways of communication with organizations and individuals in the course of settlement of affairs.

5. To inform organizations and individuals of the operation of one-stop shop and inter-agency one-stop shop mechanisms in local state administrative agencies.

Article 7. Responsibilities of ministries, ministerial-level agencies and government-attached agencies

1. To promulgate regulations on the competence and responsibilities of Peoples Committees at all levels to settle affairs directly related to organizations and individuals; to review and simplify administrative procedures within their state management responsibility.

2. To direct locally-based subordinate agencies in uniformly implementing one-stop shop and inter-agency one-stop shop mechanisms according to the regulations of provincial-level Peoples Committee presidents.

Chapter III

LOCATION, STAFF AND OPERATION OF A REQUEST-RECEIVING AND RESULT-NOTIFYING SECTION

Article 8. Location of a request-receiving and result-notifying section

1. For the one-stop shop mechanism:

a/ The request-receiving and result-notifying section of a provincial-level specialized agency is located at, and subject to comprehensive management of, the office of that agency; particularly for the Office of a provincial-level Peoples Committee, the request-receiving and result-notifying section is located at, and subject to comprehensive management of, the Administrative Affairs-Organization Division;

b/ The request-receiving and result-notifying section of a district-level Peoples Committee is located at, and subject to comprehensive management of, the Office of the district-level Peoples Council and Peoples Committee;

c/ The request-receiving and result-notifying section of a commune-level Peoples Committee is located at the head office of the commune-level Peoples Committee and managed by the commune-level Peoples Committee president.

2. For the inter-agency one-stop shop mechanism:

a/ For the inter-agency one-stop shop mechanism involving different state administrative agencies of the same level: The provincial-level Peoples Committee president shall, pursuant to the provisions of law and based on the local practical situation, decide on the sole body being the request-receiving and result-notifying section of any of relevant state administrative agencies to be in charge of provision of guidance, receipt of papers and dossiers, settlement of affairs and notification of results;

b/ For the inter-agency one-stop shop mechanism involving state administrative agencies at different levels: The provincial-level Peoples Committee president shall define the responsibilities of state administrative agencies at different levels and existing request-receiving and result-notifying sections for settling organizations or individuals affairs related to the competence and responsibilities of state administrative agencies.

Article 9. Cadres and civil servants working in request-receiving and result- notifying sections

1. Cadres and civil servants working in the request-receiving and result- notifying section of a provincial-level specialized agency are subject to comprehensive management of the Office of that agency; particularly for the Office of a provincial-level Peoples Committee, the request-receiving and result-notifying section is subject to comprehensive management of the Administrative Affairs-Organization Division.

2. Cadres and civil servants working in the request-receiving and result- notifying section of a district-level Peoples Committee are subject to comprehensive management of the Office of the district-level Peoples Council and Peoples Committee.

3. Cadres and civil servants working in the request-receiving and result- notifying section of a commune-level Peoples Committee who hold the titles defined in Clause 2, Article 2 of the Governments Decree No. 114/2003/ND-CP of October 10, 2003, providing for commune, ward and township cadres and civil servants, are subject to comprehensive management of the commune-level Peoples Committee president.

Article 10. Operation of a request-receiving and result-notifying section under the one-stop shop mechanism

1. Organizations and individuals that request settlement of their affairs shall contact and submit dossiers to the request-receiving and result-notifying section.

2. Cadres and civil servants working in the request-receiving and result- notifying section shall consider dossiers of organizations and individuals, specifically:

a/ If organizations or individuals requests fall beyond their settling competence, they shall instruct these organizations or individuals to file their requests with a competent agency for settlement;

b/ If dossiers are improper or incomplete, they shall provide specific and full guidance for organizations or individuals to supplement or complete the dossiers;

c/ For affairs which are required to be settled right on the working day without requiring a paper of appointment, they shall receive the dossiers and settle the affairs immediately, then submit the dossiers to competent leaders for signing, notify settlement results to organizations or individuals, and collect charges and fees, if any, according to law;

d/ For affairs which, as prescribed, may be settled with the issuance of papers of appointment, they shall receive dossiers and issue dossier receipt papers, make an appointment date of notifying settlement results, assume the prime responsibility for, and coordinate with relevant functional sections in, processing the dossiers, then submit them to competent leaders for signing, notify settlement results to organizations or individuals, and collect charges and fees, if any, according to law.

Article 11. Operation of a request-receiving and result-notifying section under the inter-agency one-stop shop mechanism

1. Organizations or individuals that request settlement of their affairs under the inter-agency one-stop shop mechanism shall contact and submit dossiers to the request-receiving and result-notifying section of a state administrative agency according to regulations.

2. Cadres and civil servants working in the request-receiving and result- notifying section shall consider dossiers of organizations and individuals, specifically:

a/ If organizations or individuals requests fall beyond their settling competence, they shall instruct these organizations or individuals to file their requests with a competent agency for settlement;

b/ If dossiers are improper or incomplete, they shall provide specific and full guidance for organizations or individuals to supplement or complete the dossiers.

3. The request-receiving and result-notifying section shall, based on the nature of problems, consider and settle them according to the following process:

a/ Submitting the affairs to responsible leaders for settlement according to their competence;

b/ Directly contacting relevant agencies in processing the dossiers. Relevant agencies shall receive the dossiers and settle the affairs according to their competence and within the set time limit;

c/ Receiving settlement results and notify them to organizations or individuals, and collect charges and fees according to law.

Chapter IV

GUARANTEE CONDITIONS, COMMENDATION AND DISCIPLINE

Article 12. Working offices and equipment of request-receiving and result- notifying sections

Working offices and equipment of request-receiving and result-notifying sections at all levels shall be arranged according to the Prime Ministers Decision No. 170/2006/QD-TTg of July 18, 2006, promulgating the Regulation on criteria and norms of equipment and working facilities of agencies and state cadres, civil servants and employees, specifically:

1. The area of the working office of a request-receiving and result-notifying section:

a/ For provincial-level professional agencies: at least 40 m2;

b/ For district-level Peoples Committees: at least 80 m2;

c/ For commune-level Peoples Committees: at least 40 m2;

d/ A local state administrative agency shall reserve 50% of the total area of the working office of a request-receiving and result-notifying section for use as the waiting room for organizations and individuals;

dd/ If the area of the existing head office of a local state administrative agency fails to meet the set requirements, the local state administrative agency may reserve a smaller area for the request-receiving and result-notifying section and the waiting room for organizations and individuals, but must comply with the above requirement by December 31, 2008.

2. Equipment of a request-receiving and result-notifying section

Based on the work characteristics of agencies at each level, the provincial-level Peoples Committee president shall prescribe equipment for the request-receiving and result-notifying section, including at least computer, fax machine, printer, fixed telephone, chair, desk, drinking water, fan or air conditioner and other equipment to meet working requirements; encourage local state administrative agencies at all levels to apply information technology to the receipt of requests and the settlement of affairs of organizations and individuals.

3. Based on the practical situation of their localities or agencies, presidents of Peoples Committees or heads of state administrative agencies at all levels shall supply uniforms for cadres and civil servants working in request-receiving and result- notifying sections, consider and arrange necessary equipment in order to provide subsidized services to organizations and individuals that wish to have their documents photocopied or typewritten, their forms or dossiers completed or make phone calls.

Article 13. Funds for implementation of one-stop shop and inter-agency one-stop shop mechanisms

Funds for the implementation of one-stop shop and inter-agency one-stop shop mechanisms are included in annual state budget estimates assigned by competent authorities according to the current state budget decentralization and come from other sources as provided for by law.

Article 14. Commendation and discipline

1. Implementation of one-stop shop and inter-agency one-stop shop mechanisms, ensuring quantitative, qualitative and temporal requirements as prescribed, serves as a basis for assessment of the performance of annual tasks by heads of state administrative agencies at all levels and of cadres and civil servants.

2. Presidents of Peoples Committees at all levels, heads of state administrative agencies, cadres and civil servants who well perform the tasks in the implementation of one-stop shop and inter-agency one-stop shop mechanisms may be considered and rewarded on an annual basis according to the law on emulation and commendation. Cadres and civil servants who show good capabilities in the implementation of one-stop shop and inter-agency one-stop shop mechanisms may be considered for promotion under their agencies personnel plannings.

3. Agencies, organizations or individuals that commit acts of violating the regulations on, or obstructing the implementation of, one-stop shop and inter-agency one-stop shop mechanisms shall be regarded as failing to fulfill their annual tasks and shall, depending on the severity of their violations, be considered and handled according to law.

Chapter V

IMPLEMENTATION PROVISIONS

Article 15. Presidents of provincial/municipal Peoples Committees shall direct and organize the implementation of this Regulation and annually review, assess and report implementation results to the Ministry of Home Affairs for synthesis and reporting to the Prime Minister.

Article 16. The Minister of Home Affairs shall assume the prime responsibility for, and coordinate with relevant ministries, ministerial-level agencies and government-attached agencies in, monitoring and examining the implementation of one-stop shop and inter-agency one-stop shop mechanisms in accordance with this Regulation.