THE GOVERNMENT

Decree No.  48/2013/ND-CP dated May 14, 2013 of the Government amending and supplementing some Articles of the Decrees relating to the administrative procedure’s controls

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

Pursuant to the Labor on the promulgation of legal documents dated June 03, 2008;

At the proposal of the Minister of Justice;

The Government promulgates the Decree amending and supplementing a number of articles of Decree No. 63/2010/ND-CP dated June 8, 2010 of the Government on controlling administrative procedures; the Decree No. 20/2008/ND-CP dated February 14, 2008 of the Government on receipt and handling individuals and organizations feedback and proposals on administrative regulations; the Decree No. 36/2012/ND-CP dated April 18, 2012 of the Government defining the functions, tasks and organizational structures of ministries and ministerial-level agencies and the Decree No. 55/2011/ND-CP dated July 04, 2011 of the Government defining functions, tasks, powers and apparatus organization of legal affair organizations,    

Article 1. To amend, supplement, annul a number of articles, clauses of the Decree No. 63/2010/ND-CP dated June 8, 2010 of the Government on controlling administrative procedures as follows: 

1. To amend Article 5 of the Decree No. 63/2010/ND-CP:

“Article 5. Agencies and units controlling administrative procedures

1. The Ministry of Justice shall assist the Government in unified state management on controlling administrative procedures.

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Department of controlling administrative procedures under the Ministry of Justice have function advising, assisting the Minister of Justice in state management on controlling administrative procedures.

2. Legal affair organizations of Ministries, Ministerial-level agencies have function advising, assisting the Ministers, heads of Ministerial-level agencies in state management on controlling administrative procedures within scope or fields, sectors under their management.

Divisions of controlling administrative procedures under Legal affair organizations of Ministries, Ministerial-level agencies have function advising, assisting heads of Legal affair organizations in controlling administrative procedures.

3. The provincial Departments of Justice shall advice; assist People’s Committees of central-affiliated cities and provinces in state management on controlling administrative procedures at their localities.

Divisions of controlling administrative procedures under the provincial Departments of Justice shall have function advising, assisting Directors of provincial Departments of Justice in controlling administrative procedures.

4. The Minister of Justice shall specify functions, tasks, powers and organizational structure of Department of controlling administrative procedures; assume the prime responsibility for, and coordinate with the Minister of Home Affairs in guiding functions, tasks, powers, organizational structure and payroll of Divisions of controlling administrative procedures under the Legal affair organizations of Ministries, Ministerial-level agencies and the provincial Departments of Justice.”

2. To amend Article 9 of the Decree No. 63/2010/ND-CP:

“Article 9. Collection of opinions on regulations on administrative procedures in projects, draft legal documents

a. Apart from participating in contribution of opinions on content of projects, draft legal documents in accordance with law on promulgation of legal documents, the following agencies are responsible for giving opinions on content of regulations on administrative procedures at projects, draft legal documents:

a. The Ministry of Justice shall give opinions on administrative procedures prescribed in projects on legal documents which the Government may submit to National Assembly, the National Assembly Standing Committee, draft legal documents under the promulgation competence of the Government, the Prime Minister;

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b. The legal affair organizations of Ministries, Ministerial-level agencies shall give opinions on administrative procedures in draft legal documents under the promulgation competence of Ministries and Ministerial-level agencies; 

c. The provincial Departments of Justice shall give opinions on administrative procedures prescribed in draft legal documents under the promulgation competence of People’s Committees in central-affiliated cities and provinces.

2. Content of opinions on regulations on administrative procedures shall consider mainly matters specified in Article 7 and Article 8 of this Decree.

In necessary case, agencies specified in points a, b and c clause 1 of this Article shall hold collection of comments from concerned agencies and organizations and subjects to be affected by the regulations on administrative procedures through consultation, conferences and workshops or using the comment form developed and published by the Ministry of Justice on the National Database of Administrative Procedures, summarize received comments and forward them to the main drafting agency.

3. The main drafting agency shall study, absorb, and provide explanation of comments of the commenting agencies defined in Clause 1 of this Article.”

3. To amend clause 2 Article 10 of the Decree No. 63/2010/ND-CP:

Article 10. Assessment of impacts of administrative procedures

2. Assessment of impacts of administrative procedures specified in clause 1 this Article shall be conducted by using the forms promulgated by the Minister of Justice.”

4. To amend Article 11 of the Decree No. 63/2010/ND-CP:

Article 11. Appraisal of regulations on administrative procedures

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1. Apart from appraisal of content of projects, draft legal documents, the appraising agencies shall appraise regulations on administrative procedures and present this content in the appraisal report.

2. Content of appraisal of administrative procedures mainly considers norms specified in Article 10 of this Decree.

3. Apart from dossier components sent for appraisal in accordance with law on promulgation of legal documents, the agencies sending for appraisal must have written assessment of impacts of administrative procedures as prescribed in Article 10 of this Decree.

The appraising agencies shall refuse for receipt of dossier sent for appraisal if projects, draft legal documents have regulations on administrative procedures that have not yet had written assessment of impacts of administrative procedures and comments of agencies giving opinions specified in clause 1 Article 9 of this Decree.”

5. To amend time limit for promulgation of decision on announcement in Article 15:

Article 15. Decision on announcement of administrative procedures

Decisions on announcement of administrative procedures of agencies specified in clause 1 Article 13 of this Decree must be issued at least 20 (twenty) working days before the legal documents containing regulation of the administrative procedures take effect.

Decisions on announcement of administrative procedures of agencies specified in clauses 2 and 3 Article 13 of this Decree must be issued at least 05 (five) working days before the legal documents containing regulation of the administrative procedures take effect.”.

6. To amend clause 2 Article 22 of the Decree No. 63/2010/ND-CP:

Article 22. Feedbacks and petitions on administrative procedures in the process of implementation

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2. The Ministry of Justice shall establish and maintain operation of the information portal for petitions and complaints and results of their settlement concerning administrative procedures on the National Database of Administrative Procedures and on initiative collect opinions of individuals and organizations on administrative procedures proposed in projects, draft legal documents which are sent by main drafting agencies for comment as stipulated in Clause 2, Article 9 of this Decree."

7. To annul clause 5 Article 29, of the Decree No. 63/2010/ND-CP.

8. To amend clause 4 Article 30, of the Decree No. 63/2010/ND-CP:

Article 30. Review and evaluation plans

4. On the basis of the instructions by the Government and the Prime Minister and the requirements for reforming administrative procedures, the Ministry of Justice shall develop a focus reviewing plan and submit it to the Prime Minister for approval.”

9. To amend and supplement Article 31 of the Decree No. 63/2010/ND-CP:

Article 31. Handling of results of review and evaluation

1. On the basis of results of review and evaluation on administrative procedures, People's Committees of provinces and centrally run cities shall decide to revise, supplement, replace, cancel or abolish administrative procedures within their respective competence or propose Ministries, Ministerial-level agencies to consider, handle results of review and evaluation on administrative procedures under management function scope of  Ministries, Ministerial-level agencies.

2. On the basis of results of review and evaluation on administrative procedures of Ministries, Ministerial-level agencies and proposals of People's Committees of provinces and centrally run cities, Ministers, heads of Ministerial-level agencies shall decide to revise, supplement, replace, cancel or abolish administrative procedures, relevant regulations within competence of the Government, the Prime Minister and send them to the Ministry of Justice for consideration, assessment before submitting to the Government, the Prime Minister.

Dossier to send to the Ministry of Justice for consideration and assessment includes:

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- Draft report;

- Draft written approval for plan on simplifying administrative procedures;

- Report on the reviewing results of Ministries, Ministerial-level agencies;

- Report on the reviewing results of People’s Committees of provinces and centrally run cities and of agencies enclosed with plan on simplifying administrative procedures approved by chairpersons of People's Committees of provinces and centrally run cities or heads of agencies (if any).

Ministries, Ministerial-level agencies shall study, absorb, provide explanation on comments considered and assessed by the Ministry of Justice regarding plan on amending and supplementing, replacing, cancelling or annulling administrative procedures, relevant regulations under competence of the Government, the Prime Minister. 

3. The Ministry of Justice shall monitor, urge, examine Ministries, Ministerial-level agencies, People’s Committees of provinces and centrally run cities in implementing decision on approving plan on amending and supplementing, replacing, cancelling or annulling administrative procedures, relevant regulations of the Government, the Prime Minister.”

10. To amend Article 35 of the Decree No. 63/2010/ND-CP:

Article 35. Information and reporting regime

1. Ministries, ministerial-level agencies and People's Committees of provinces, centrally run cities shall report to the Ministry of Justice on a biannually basis on the control of administrative procedures and its results in their Ministries, sectors and localities or make irregular reports upon request.

2. The Ministry of Justice shall summarize and report periodically to the Prime Minister on the control of administrative procedures and its results by Ministries, ministerial-level agencies and People's Committees of provinces and centrally run cities or send irregular reports upon request of the Government, the Prime Minister.  

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3. Content of periodical reports:

a. Situation of controlling regulations on administrative procedures and its results, in which total number of administrative procedures which have been conducted impact assessment and total number of legal documents containing regulations on administrative procedures issued in the report period, should be specified;

b. Situation of publishing administrative procedures, its results and number of administrative procedures published and updated in the national database on administrative procedures;

c. Situation of implementing administrative procedures in agencies or localities and its results, including the commendation, rewarding of cadres and civil servants and handling of those violating regulations on controlling administrative procedures (if any);

d. Review and simplification of administrative procedures (if any);

d. Obstacles and difficulties during the process of controlling administrative procedures (if any);

e. Situation of receiving feedbacks and petitions on administrative procedures and handling results;

g. The communication and support for activities of controlling administrative procedures;

h. Other contents as requested by the Ministry of Justice or as directed by the Prime Minister.

4. The Ministry of Justice shall make a report form stipulated in Clause 3 of this Article and guide implementation.

5. The situation and results of controlling administrative procedures must be informed in a timely, honest and regular manner on website of administrative procedures of the Ministry of Justice and in other mass media.”

11. To supplement Article 35a of the Decree No. 63/2010/ND-CP:

Article 35a. Examination of implementation of controlling administrative procedures

1. Examination of implementation of controlling administrative procedures is carried out annually or irregularly within the following responsibility scopes:

a. Department of controlling administrative procedures shall assist the Minister of Justice to examine implementation of controlling administrative procedures at Ministries, Ministerial-level agencies and People's Committees of provinces and centrally run cities;

b. The legal affair organizations of Ministries, Ministerial-level agencies shall assist the Ministers, heads of agencies to examine implementation of controlling administrative procedures at Departments, affiliated units;

c. The provincial Departments of Justice shall assist the People’s Committees of provinces and centrally run cities to examine implementation of controlling administrative procedures at Departments, sectors, People's Committees of districts, affiliated-province cities and towns and People’s Committees of communes, wards and townships.

2. Contents of examination include:

a. Directions, management and organization for implementation of controlling administrative procedures;

b. Control of regulations on administrative procedures in projects, draft legal documents;

c. Control of implementation of administrative procedures;

d. Review, assessment of administrative procedures;

dd. Receipt, handling of feedbacks, petitions of individuals, organizations regarding administrative regulations;

e. Other contents at the request of the Ministry of Justice.”

12. Other amendments:

a. Replacing the phrase "the Government Office" by the phrase “the Ministry of Justice” at clause 1 Article 26, clause 2 Article 36;

b. Replacing the phrase "agency controlling administrative procedures" by the phrase “the Ministry of Justice” at Article 24, clause 3 Article 27, clause 3 Article 30;

c. Revising the phrase “Agency controlling administrative procedures” by the phrase “Department of controlling administrative procedures” at clause 2 Article 26;

d. Cancelling the phrase "and agency controlling administrative procedures" at clause 3 Article 29.

Article 2. To amend a number of articles of the Decree No. 20/2008/ND-CP dated February 14, 2008 of the Government on receipt and handling feedback and proposals of individuals and organizations on administrative regulations as follows: 

1. Replacing the phrase "the Government Office" by the phrase “the Ministry of Justice” at clause 1 Article 8, clause 1 Article 13, Article 20, Article 26; cancelling the phrase “the Government Office” at clause 4 Article 13.

Replacing the phrase "Minister- Chairperson of the Government Office" by the phrase “the Minister of Justice” at Article 17;

Replacing the phrase "the Government Office, Ministerial-level agencies" by the phrase “the legal affair organizations of Ministries, Ministerial-level agencies” at clause 2 Article 8.

Replacing the phrase "the Offices of People’s Committee of provinces, centrally run cities" by the phrase “the provincial Departments of Justice” at clause 3 Article 8.

2. To amend Article 22 of the Decree No. 20/2008/ND-CP:

Article 22. Information and reporting regime

The Information and reporting regime on receipt and handling feedback and proposals on administrative regulations and its results of Ministries, Ministerial-level agencies and People’s Committees of provinces and centrally run cities shall comply with provisions in Article 35 of the Government's Decree No. 63/2010/ND-CP dated June 08, 2010 on controlling administrative procedures (already revised at clause 10 Article 1 of this Decree).” 

Article 3. To amend and supplement clause 1 Article 17 of the Decree No. 36/2012/ND-CP dated April 18, 2012 of the Government defining the functions, tasks, powers and organizational structure of Ministries, Ministerial-level agencies as follows:

Article 17. Ministry’s Office

1. A ministry's office is an organization of a ministry, functioning to give general advice on work programs and plans and serve activities of the ministry; and assist the minister in summarizing, monitoring and urging organizations and units of the ministry to implement the ministry's approved work programs and plans

Article 4. To amend and supplement a number of articles of the Decree No. 55/2011/ND-CP dated July 04, 2011 of the Government defining the functions, tasks, powers and apparatus organization of legal affair organizations as follows:

1. To supplement clause 3a to Article 3 of the Decree No. 55/2011/ND-CP:

Article 3. Tasks, powers of legal affair organizations in Ministries, Ministerial-level agencies

3a. Regarding control of administrative procedures:

To assume the prime responsibility for, and coordinate with relevant units in assisting Ministers, Heads of ministerial-level agencies to control administrative procedures under scope of sectors, fields managed by them as prescribed by law.”

2. To supplement clause 3a to Article 5 of the Decree No. 55/2011/ND-CP:

Article 5. Tasks, powers of legal affair organizations in General Departments and equivalent authorities, Departments of Ministries and Ministerial-level agencies

3a. Regarding control of administrative procedures:

To assume the prime responsibility for in assisting General Directors, Directors of Departments to coordinate with the Legal Affair Departments of Ministries and ministerial-level agencies in controlling administrative procedures as prescribed by law.”

3. To supplement clause 3a to Article 6 of the Decree No. 55/2011/ND-CP:

Article 6. Tasks, powers of legal affair organizations in specialized agencies of provincial People’s Committees

3a. Regarding control of administrative procedures:

a. To assume the prime responsibility for in assisting heads of agencies to coordinate with the provincial Departments of Justice in controlling administrative procedures as prescribed by law;

b. To elaborate reports on implementation of controlling administrative procedures and its results and submit to heads of agencies to send to the provincial Departments of Justice for summarizing and reporting to the provincial People's Committees.”

Article 5. Implementation provisions

1. This Decree takes effect on July 01, 2013.

2. Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, the Presidents of the People’s Committee in central-affiliated cities and provinces, relevant organizations and individuals shall implement this Decree.

For the Government

Prime Minister

Nguyen Tan Dung

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