Quyết định 09/2015/QD-TTg

DECISION

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

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

Pursuant to Decree No. 63/2010/ND-CP of June 8, 2010 on control of administrative procedures;

Pursuant to the Government’s Decree No. 48/2013/ND-CP of May 14, 2015, amending and supplementing a number of articles of decrees concerning control of administrative procedures;

Pursuant to the Government’s Decree No. 37/2014/ND-CP of May 5, 2014, providing the organization of specialized agencies under the People s Committees of rural districts, urban districts, towns and provincial cities;

At the proposal of the Minister of Home Affairs,

The Prime Minister promulgates the Regulation on implementation of the one-stop-shop and inter-agency one-stop-shop mechanisms at local state administrative agencies.

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

Article 2. This Decision takes effect on May 15, 2015, replacing the Prime Minister’s Decision No. 93/2007/QD-TTg of June 22, 2007, promulgating the Regulation on implementation of the one-stop-shop and inter-agency one-stop-shop mechanisms at local state administrative agencies.

Article 3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of the People’s Committees of provinces or centrally run cities shall implement this Decision.

REGULATION

ON IMPLEMENTATION OF THE ONE-STOP-SHOP AND INTER-AGENCY ONE-STOP-SHOP MECHANISMS AT LOCAL STATE ADMINISTRATIVE AGENCIES
(Promulgated together with the Prime Minister s Decision No. 09/2015/QD-TTg of March 25, 2015)

Chapter I

GENERAL PROVISIONS

Article 1. One-stop-shop mechanism, inter-agency one-stop-shop mechanism

1. One-stop-shop mechanism means the way of handling affairs of individuals or organizations which fall under the responsibility and jurisdiction of a single state administrative agency in publicizing and guiding administrative procedures, receiving dossiers, handling affairs and delivering results, which shall be carried out at a focal point being the dossier-receiving and result-delivering section of the state administrative agency.

2. Inter-agency one-stop-shop mechanism means the way of handling affairs of individuals or organizations which fall under the responsibility and jurisdiction of various state administrative agencies of the same level or various state administrative agencies of different levels in publicizing and guiding administrative procedures, receiving dossiers, handling affairs and delivering results, which shall be carried out at a focal point being the dossier-receiving and result-delivering section of a state administrative agency.

Article 2. The dossier-receiving and result-delivering section

1. The dossier-receiving and result-delivering section shall act as the focal point guiding administrative procedures, receiving dossiers of individuals and organizations for forwarding to specialized agencies or competent authorities for settlement and receiving results and delivering them to individuals and organizations.

2. A modem dossier-receiving and result-delivering section is the one equipped with electronic facilities where electronic software is applied in administrative transactions between individuals and organizations and state administrative agencies and between state administrative agencies in the publiciation, guidance and receipt of dossiers to be transferred to specialized agencies for settlement and the receipt of results and delivery of results to individuals and organizations under the one-stop-shop or inter-agency one-stop-shop mechanism in all fields under the jurisdiction of state administrative agencies.

Article 3. Principles of implementation of the one-stop-shop and inter-agency one-stop- shop mechanisms

1. To display openly, fully and promptly the administrative procedures in the administrative procedure-issuing decisions of the People’s Committees of provinces or centrally run cities (below collectively referred to as provincial-level People’s Committees) under regulations.

2. To ensure the fast and convenient settlement of affairs for individuals and organizations; supplementation of dossiers may be requested not more than once throughout the handling of dossiers at a specialized agency.

3. To ensure the close coordination among state administrative agencies in the settlement of affairs for individuals and organizations.

4. The collection of charges and fees from individuals and organizations must comply with law.

Article 4. Agencies applying the one-stop-shop or inter-agency one-stop-shop mechanism

1. Specialized agencies of provincial-level People’s Committees.

2. People’s Committees of rural districts, urban districts, towns or provincial cities (below collectively referred to as the district level).

3. People’s Committees of communes, wards or townships (below collectively referred to as the commune level).

4. Centrally run agencies organized according to their respective professional hierarchies and based in localities (below refeưed to as hierarchically organized agencies).

Article 5. Scope of application of the one-stop-shop and inter-agency one-stop-shop mechanisms

1. The one-stop-shop mechanism shall be implemented in handling the administrative procedures which fall under the jurisdiction of one of the agencies defined in Article 4 of this Regulation.

2. The inter-agency one-stop-shop mechanism shall be implemented in handling the administrative procedures in the fields of investment; land; business registration; construction licensing; justice and other fields falling under the jurisdiction of various state administrative agencies.

Chapter II

PROCESS OF IMPLEMENTING THE ONE-STOP-SHOP AND THE INTER-AGENCY ONE-STOP SHOP MECHANISMS

Article 6. One-stop-shop mechanism-implementing process

1. Dossiers receipt

a/ Individuals and organizations shall submit their dossiers directly at the dossier-receiving and result-delivering sections, by post or online at places designated for receipt of dossiers by post or online receipt of dossiers;

b/ Civil servants receiving dossiers at the dossier-receiving and result-delivering sections shall examine the validity and completeness of the dossiers:

For a dossier that does not fall within the handling scope, they shall guide the submitter to come to a competent agency for settlement;

For an invalid dossier, they provide specific guidance according to Form No. 01 in the Appendix to this Decision;

c/ The dossier-receiving civil servants shall record in the dossier-monitoring register according to Form No. 02 in the Appendix to this Decision and the electronic software (if any); and issue dossier receipts and written appointments for result receipt according to Form No. 03 to this Decision;

d/ If the dossier-receiving civil servants are assigned to handle the dossiers, they shall record in the dossier-monitoring register and electronic software (if any):

For dossiers which are required to be promptly handled without issuing dossier receipts and written appointments for result receipt, the civil servants shall appraise the dossiers and submit them to competent authorities for decision, and deliver the dossier-handling results;

For dossiers which, under regulations, require certain time for settlement, the civil servants shall issue dossier receipts and written appointments for result receipt; appraise the dossiers, submit them to competent authorities for decision and deliver the dossier-handling results.

2. Dossier transfer

a/ After receiving the dossiers according to Point c, Clause 1 of this Article, the civil servants shall issue dossier handling process control cards according to Form No. 04 in the Appendix to this Decision;

b/ They shall transfer the dossiers and the dossier handling process control cards to concerned agencies or organizations for settlement. The dossier handling process control cards shall be transfeưed together with the dossiers and kept at the dossier-receiving and result-delivering section.

3. Dossier handling

After receiving the dossiers, agencies or organizations shall assign cadres or civil servants to handle them as follows:

a/ If it is not required to verify and certify dossiers under regulations, the civil servants shall appraise the dossiers and submit them to competent authorities for decision, and transfer the dossier handling results to the dossier-receiving and result-delivering section;

b/ If it is required to examine and verify dossiers, the civil servants shall report the examination and verification schemes to competent persons and organize the implementation thereof. The examination and verification process shall be made in dossiers for archive at the handling agencies.

For dossiers which fully satisfy the settlement conditions through examination and verification, the civil servants shall appraise the dossiers and submit them to competent authorities for decision and transfer the dossier-handling results to the dossier-receiving and result-delivering section;

For dossiers which fail to satisfy the settlement conditions through examination and verification, the civil servants shall report it to competent authorities and return the dossiers enclosed with a written notice thereof clearly stating the reason and contents to be supplemented. The duration of first-time handling by agencies or organizations shall be included in the dossier-handling duration;

c/ If the dossiers defined at Point a or b of this Clause fail to meet the settlement conditions after being appraised, the civil servants shall report it to competent authorities and return the dossiers enclosed with a written notice thereof clearly stating the reason for not handling the dossiers. The notice shall be recorded in the result delivery column in the dossier-monitoring register. The notification shall be made within the dossier-handling duration under regulations;

d/ Dossiers that remain unhandled after the handling deadline: The dossier-handling agencies or organizations shall notify in writing the dossier-receiving and result-delivering section and issue written apologies clearly stating the reason for the late handling and the time limit for result delivery,

4. Delivery of dossier-handling results

Civil servants at the dossier-receiving and result-delivering section shall record in the dossier-monitoring register and electronic software (if any) and perform the following tasks:

a/ For completely handled dossiers: To deliver the dossier-handling results to individuals or organizations and collect charges and fees (if any); for individuals or organizations that have registered to receive the results by post, the delivery of results and collection of charges and fees (if any) shall be effected by post; if degree-4 online public services are available, the delivery of results and collection of charges and fees (if any) must comply with relevant regulations;

b/ For dossiers failing to meet the handling conditions: To ask individuals or organizations to supplement the dossiers as notified by the dossier-handling agencies or organizations, and send them the written apologies of the dossier-receiving and result-delivering section (if the civil servants are at fault when receiving the dossiers);

c/ For unhandled dossiers: To contact individuals or organizations and return the dossiers to them together with a notice of refusal to handle the dossier;

d/ For dossiers that remain unhandled after the handling deadline: To notify individuals or organizations of the time of result receipt and send them the written apologies of the agencies or organizations that have left the dossiers unhandled after the handling deadline;

dd/ For dossiers handled ahead of time: To contact individuals or organizations to come to receive results;

e/ If individuals or organizations have not yet come to receive the dossiers as stated in the dossier receipts and written appointments for result receipt, the dossier-handling results shall be kept at the dossier-receiving and result-delivering section.

Article 7. The process of implementing the inter-agency one-stop-shop mechanism for handling administrative procedures

1. Forms of inter-agency implementation

a/ Implementation between state administrative agencies of the same level: Between specialized agencies of a district-level People’s Committee; between specialized agencies of a district-level People’s Committee and district-based hierarchically organized agencies; between specialized agencies of a provincial-level People’s Committee; between specialized agencies of a provincial-level People’s Committee and province-based hierarchically organized agencies;

b/ Implementation between state administrative agencies at different levels: Between commune-level People’s Committees and specialized agencies of district-level People’s Committees or district-based hierarchically organized agencies; between commune-level People’s Committees and specialized agencies of provincial-level People’s Committees or province-based hierarchically organized agencies; between district-level People’s Committees and specialized agencies of provincial-level People’s Committees or province-based hierarchically organized agencies; between state administrative agencies of provinces and ministries, ministerial-level agencies and government-attached agencies.

2. Inter-agency implementation

a/ Individuals and organizations shall submit their dossiers at the dossier-receiving and result-delivering section of the agency in charge of handling administrative procedures or submit by post or online at places designated for receipt of dossiers submitted by post or online;

b/ Civil servants working at the dossier-receiving and result-delivering section shall examine the validity and completeness of the dossiers and receive them as prescribed at Point b or c, Clause 1, Article 6 of this Regulation;

c/ After the receipt of dossiers, the agency in charge of handling administrative procedures shall collect written comments from coordinating agencies which shall provide then comments within the given time limits;

If the settlement of administrative procedures needs the handling results of coordinating agencies, the agency in charge of handling administrative procedures shall send an official letter together with the dossier to the coordinating agencies for settlement within the given time limits;

d/ Based on the results of handling the dossier by the coordinating agencies, the agency in charge of handling administrative procedures shall appraise and submit them to competent authorities for decision and transfer the dossier-handling results to the dossier-receiving and result-delivering section at which the dossier is submitted;

dd/ If the dossier lacks the handling conditions: Responsible agencies shall return the dossier enclosed with written notices clearly stating the reason for non-handling and the contents to be supplemented. The duration of first-time handling by specialized agencies or organizations shall be included in the dossier- handling duration. The dossier-receiving and result-delivering section shall contact individuals or organizations for transferring written apologies of the dossier- receiving and result-delivering section (if civil servants are at fault when receiving the dossiers) and requesting them to supplement the dossiers according to the written notifications of responsible agencies;

e/ If the dossier fails to satisfy the handling conditions: Responsible agencies shall submit to competent authorities written notices clearly stating the reasons for not handling the dossier. The notices shall be recorded in the result delivery column in the dossier-monitoring register. The notification shall be made within the set handling duration;

g/ If the dossier is left unhandled beyond the handling time limit: Responsible agencies shall send official letters to the dossier-receiving and result-delivering section and their written apologies to individuals or organizations, clearly stating the reason for the late handling and the time for result delivery. Civil servants at the dossier-receiving and result-delivering section shall record in the dossier-monitoring register and the electronic software (if any), notify the time for result delivery, and transfer the written apologies to individuals or organizations;

h/ The delivery of dossier-handling results must comply with Clause 4, Article 6 of this Regulation.

Chapter III

DOSSIER-RECEIVING AND RESULT-DELIVERING SECTIONS

Article 8. Locations of the dossier-receiving and result-delivering sections

1. The dossier-receiving and result-delivering sections of specialized agencies of provincial-level People’s Committees shall be located at the offices of the specialized agencies of the provincial-level People’s Committees and are subject to the management and direction by these agencies. The concentrated dossier-receiving and result-delivering sections of the specialized agencies of the provincial-level People’s Committees shall be organized in the provinces and centrally run cities where exist concentrated administrative centers.

2. The dossier-receiving and result-delivering sections of district-level People’s Committees shall be located at the offices of the People’s Councils and People’s Committees or at the offices of the People’s Committees in localities where district-level People’s Councils are not organized on a pilot basis (below collectively referred to as offices of the district-level People’s Councils and People’s Committees); and are subject to the management and direction by the offices of the district-level People’s Councils and People’s Committees.

3. The dossier-receiving and result-delivering sections of commune-level People’s Committees shall be located at the offices of the commune-level People’s Committees.

4. The dossier-receiving and result-delivering sections of hierarchically organized agencies shall be organized under regulations of their managing agencies.

Article 9. Working space and equipment for the dossier-receiving and result-delivering sections

1. The minimum working space of a dossier-receiving and result-delivering section

a/ Of a specialized agency of a provincial-level People’s Committee: 40 m²

b/ Of a district-level People’s Committee: 80 m²;

c/ Of a commune-level People’s Committee: 40 m².

About 50% of the total working space of a dossier-receiving and result-delivering section must be used as waiting area for individuals and organizations coming for transactions.

2. Equipment for a dossier-receiving and result-delivering section

a/ General equipment

Based on the working characteristics of each level, the provincial-level People’s Committee shall determine the equipment for the dossier-receiving and result-delivering section, including at least computer(s), photocopier(s), fax machine(s), printer(s), fixed telephone(s), chairs, desks, drinking water, electric fans or air conditioners and other necessary facilities to meet the working needs and the requirements of information technology application to activities of state administrative agencies;

b/ Equipment of a modem dossier-receiving and result-delivering section

To be placed at an important position of a state administrative agency, convenient for individuals and organizations in the course of administrative transactions;

To be arranged in a scientific manner with functional areas, including an information provision and administrative procedure area; an area for electronic equipment, including machines for automatic numbering and search for information, administrative procedures and administrative procedure handling results; and a dossier-receiving and result-delivering area which shall be divided into different counters corresponding to each different field, with sufficient chairs and writing tables for individuals and organizations coming for transactions;

It shall be equipped with information technology infrastructure and specialized equipment as required for provision of online public services at degrees 3 and 4; an electronic software shall be applied according to regulations.

Article 10. Civil servants working at dossier-receiving and result-delivering sections

1. Requirements

a/ Civil servants working at a dossier-receiving and result-delivering section must be sufficient in number and possess professional knowledge and skills suitable to their tasks;

b/ Possessing good quality and morality, high sense of responsibility and professionalism;

c/ Having standard working manners and attitude, having an ability to properly communicate with individuals and organizations.

2. Responsibilities

a/ To strictly observe and implement the working regulations of the dossier-receiving and result-delivering section;

b/ To create favorable conditions for individuals and organizations to perform administrative transactions;

c/ To guide individuals and organizations to carry out administrative procedures fully, clearly and accurately, ensuring that they are required to supplement their dossiers only once;

d/ To receive the administrative dossiers of individuals and organizations according to regulations;

dd/ To take the initiative in proposing ideas to improve administrative procedures; to promptly detect and propose competent agencies or persons to amend, supplement, change or cancel regulations on administrative procedures which are unfeasible or unsuitable to the practical local situation;

e/ To wear uniforms while performing their tasks;

g/ To implement other provisions of law.

3. Benefits

a/ To be trained in professional knowledge and skills as well as in the code of conduct and communication with individuals and organizations;

b/ To enjoy the support regime as provided.

4. Management of civil servants working at dossier-receiving and result-delivering sections

a/ Civil servants working at the dossier-receiving and result-delivering sections of specialized agencies of the provincial-level People’s Committees are subject to the direct and comprehensive management of the directors of the offices of these specialized agencies;

b/ Civil servants working at the dossier-receiving and result-delivering sections of district- level People’s Committees are staff members of the offices of the district-level People’s Councils and People’s Committees and subject to the direct and comprehensive management of the chiefs of these offices;

c/ Civil servants working at the dossier-receiving and result-delivering sections of the commune-level People’s Committees shall work under seven titles of the commune-level civil servants defined in the Law on Cadres and Civil Servants, who shall work under the assignment by the chairpersons of the commune-level People’s Committees based on the practical local situation.

Chapter IV

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

Article 11. Responsibilities of ministers and heads of ministerial-level agencies and government-attached agencies

1. To publicize the administrative procedures related to the sectors and fields under the management of their ministries or ministerial-level agencies; to assign tasks or authorize heads of their attached agencies or units to guide the procedures for handling affairs of individuals or organizations and publicize the administrative procedures under the handling jurisdiction of these agencies or units.

2. To assume the prime responsibility for, and coordinate with the Ministry of Justice, the Ministry of Home Affairs and related agencies in, regulating and guiding localities in the implementation of the one-stop-shop and inter-agency one-stop-shop mechanisms in handling the administrative procedures in the fields prescribed in Clause 2, Article 5 of this Regulation for uniform application nationwide.

3. To direct their hierarchically organized agencies based in localities to implement the one-stop-shop and inter-agency one-stop-shop mechanisms and coordinate with local state administrative agencies in the implementation of this Regulation.

4. To regulate the implementation of the one-stop-shop and inter-agency one-stop- shop mechanisms for their attached units that have many transactions with individuals and organizations.

Article 12. Responsibilities of provincial-level People’s Committees

1. To publicize the administrative procedures which fall under the handling jurisdiction of the administrations at all levels in their provinces or centrally run cities for implementation of the one-stop-shop and inter-agency one-stop-shop mechanisms.

2. To issue decisions on the implementation of the one-stop-shop and inter-agency one- stop-shop mechanisms in the state administrative agencies at the provincial, district and commune levels; to regulate the implementation of the one-stop-shop and inter-agency one-stop-shop mechanisms at public non-business units and state enterprises in their localities which are related to individuals and organizations.

3. To apply measures for higher quality and efficiency of the implementation of one-stop- shop and inter-agency one-stop-shop mechanisms; to implement and widely apply the modem dossier-receiving and result-delivering sections at district-level People’s Committees under law.

4. To collect charges and fees according to law.

5. Besides the application of the inter-agency one-stop-shop mechanism in handling the administrative procedures in the fields defined in Clause 2, Article 5 of this Regulation, to regulate the implementation of the inter-agency one-stop-shop mechanism in handling the administrative procedures in other fields in conformity with the local practical conditions and situation.

6. To submit to the provincial-level People’s Councils for decision the support regime and work-trip allowances applicable to civil servants at the dossier-receiving and result-delivering sections of all levels; the rates of charges and fees on the lists of charges and fees to be promulgated by the provincial-level People’s Councils.

7. To biannually and annually inspect the implementation of the one-stop-shop and inter-agency one-stop-shop mechanisms within the scope of their management.

Article 13. Responsibilities of specialized agencies of provincial-level People’s Committees, district-level People’s Committees and commune-level People’s Committees

1. To arrange and assign civil servants with suitable professional qualifications and skills to work at the dossier-receiving and result-delivering sections.

2. Based on the practical situation, to promulgate the working regulations of the dossier-receiving and result-delivering sections under their respective management.

3. To fully, regularly and clearly publicize regulations and administrative procedures, which are easy to access, apply and use under regulations; to publicize standards and administrative regulations in order to facilitate supervisory work.

4. To organize training in professional knowledge and skills and public relations in the course of handling affairs for civil servants working at the dossier-receiving and result-delivering sections.

5. To publicly inform the one-stop-shop and inter-agency one-stop-shop mechanism activities at local state administrative agencies.

Chapter V

IMPLEMENTATION FUND AND COMMENDATION, DISCIPLINING

Article 14. Fund for implementation of the one-stop-shop and inter-agency one-stop-shop mechanisms

1. Fund for the implementation of the one-stop-shop and inter-agency one-stop-shop mechanisms shall be provided from the state budget and included in the annual state budget estimates to be allocated by competent authorities under the state budget decentralization.

2. Provincial-level People’s Committees shall arrange the fund for implementation of the one-stop-shop and inter-agency one-stop-shop mechanisms in their local budget estimates under the Law on the State Budget and guiding documents; and at the same time may mobilize and use other lawful resources to improve the implementation of the one-stop-shop and inter-agency one-stop-shop mechanisms within their management scope.

Article 15. Commendation, disciplining

1. The responsibility for, and results of, implementation of the one-stop-shop and inter-agency one-stop-shop mechanisms shall be used as a basis, among others, for assessing the level of annual performance of heads of state administrative agencies at different levels and cadres and civil servants.

2. Chairpersons of the People’s Committees at different levels, heads of state administrative agencies, cadres and civil servants who well fulfill their tasks in the implementation of the one-stop-shop and inter-agency one-stop-shop mechanisms shall be annually commended in accordance with the law on emulation and commendation.

3. Agencies, organizations and individuals that violate the regulations or obstruct the implementation of the one-stop-shop and inter-agency one-stop mechanisms shall, depending on the seriousness of their violations, be examined and disciplined in accordance with law.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 16. Transitional provisions

1. Units under ministries, ministerial-level agencies, government-attached agencies, public non-business units and state enterprises which are involved in various administrative procedures related to individuals and organizations may apply the one-stop-shop and inter-agency one-stop mechanisms under this Regulation.

2. The provincial-level People’s Committees shall issue suitable forms of implementation ensuring efficiency in the implementation of the one-stop-shop and inter-agency one-stop-shop mechanisms in island districts, communes in exceptionally difficult regions, border communes and specialized agencies of provincial-level People’s Committees with few transactions between organizations and individuals and state administrative agencies.

3. For communes in difficult regions, exceptionally difficult regions or border communes where the dossier-receiving and result-delivering sections have their working space smaller than that defined in Clause 1, Article 9 of this Regulation, adequate working space shall be arranged for them when their offices are renovated or newly built.

Article 17. Organization of implementation

1. Ministers, heads of ministerial-level agencies or government-attached agencies and chairpersons of provincial-level People’s Committees shall direct and organize the implementation of this Regulation; annually organize the review and assessment of the implementation and send reports thereon to the Ministry of Home Affairs.

2. The Minister of Home Affairs shall assume the prime responsibility for, and coordinate with other ministers, heads of ministerial-level agencies, and heads of concerned government- attached agencies in, guiding, urging, inspecting, supervising and evaluating the implementation; annually send review reports on the situation and results of implementation of this Regulation to the Prime Minister.-