Who is responsible for digitization of documents in administrative procedure records in Vietnam?
Who is responsible for digitization of documents in administrative procedure records in Vietnam?
Pursuant to Article 5 of Circular No. 01/2023/TT-VPCP stipulating persons responsible for digitalization as follows:
Persons responsible for implementing digitization
Persons responsible for digitalization include:
1. Cadres, civil servants and public employees receive, process, settle and return results of administrative procedures.
2. Cadres, civil servants and public employees not specified in Clause 1 of this Article assigned to digitize the results of handling administrative procedures which are still valid according to the provisions of Article 25 of Decree No. 45/2020/ND-CP dated April 8, 2020 on the implementation of administrative procedures in the electronic environment.
3. Officials and employees of public postal service providers and other cases assigned to undertake the digitization of records and papers according to the provisions of Point b, Clause 3, Article 1 of Decree No. 107/2021/ ND-CP dated December 6, 2021 amending and supplementing a number of articles of the Government's Decree No. 61/2018/ND-CP dated April 23, 2018 on the implementation of the one-single section mechanism in settlement of administrative procedures.
Thus, those responsible for digitization of documents in administrative procedure records include:
- Cadres, civil servants and public employees receive, process, settle and return results of administrative procedures;
- Officials and employees of public postal service providers;
- Other cases are assigned to undertake the digitization of records and papers.
Who is responsible for digitization of documents in administrative procedure records in Vietnam?
Which documents are part of administrative procedure records that cannot be digitized?
Pursuant to Clause 4, Article 4 of Circular No. 01/2023/TT-VPCP as follows:
Papers and documents within the scope of digitization
...
4. Do not digitize papers and documents:
a) It has been shared in the form of data by national databases, specialized databases, the National Public Service Portal, and the Information System for handling administrative procedures at ministerial and provincial levels in the form of data and has legal value;
b) Documents that are part of the application for settlement of administrative procedures shall be submitted in the form of photocopies or certified copies, except for electronic copies certified from the original as prescribed in Clause 1 of this Article;
c) Papers and documents that are only required to be presented when submitting administrative procedures;
d) Confidential papers and documents as prescribed by law.
According to the above regulations, the following documents are not required to be digitized:
- Papers and documents have been shared by national databases, specialized databases, the National Public Service Portal, and the Information System for handling administrative procedures at ministerial and provincial levels in the form of data and have legal validity;
- Papers that are part of the record for settlement of administrative procedures shall be submitted in the form of photocopies or certified copies, except for electronic copies certified from the original.
- Papers and documents that are only required to be presented when submitting administrative procedures;
- Confidential papers and documents as prescribed by law.
Which documents are within the scope of digitization?
Pursuant to Article 4 of Circular No. 01/2023/TT-VPCP stipulating as follows:
Papers and documents within the scope of digitization
1. Papers are components of records that organizations and individuals submit to carry out administrative procedures, including the following types:
a) The composition of the application file is the result of the previous administrative procedure;
b) Components of the record must be digitized in accordance with specialized laws;
c) Components of records to be digitized according to management requirements are determined in decisions of ministers, heads of ministerial-level agencies, government-attached agencies, and chairpersons of provincial-level People's Committees;
d) Components of the record are not of the type mentioned at Points a, b and c of this Clause and are digitized according to the needs of organizations and individuals during the implementation of administrative procedures.
The above papers shall be submitted in one of the following forms: originals; electronic copies issued from the original book; certified electronic copy of the original; electronic copies with the original for comparison during the settlement of administrative procedures.
2. Results of verification, verification and response to opinions of agencies and units participating in the settlement of administrative procedures, unless otherwise provided for by specialized laws.
3. The settlement results of administrative procedures are still valid according to the provisions of Article 25 of Decree No. 45/2020/ND-CP dated April 8, 2020 on the implementation of administrative procedures in the electronic environment.
Thus, the documents and papers in the scope of digitization, including:
- The composition of the application file is the result of the previous administrative procedure;
- Documents must be digitized in accordance with specialized laws;
- Components of records to be digitized according to management requirements are determined in decisions of ministers, heads of ministerial-level agencies, government-attached agencies, and chairpersons of provincial-level People's Committees;
- Components of records do not fall into the above categories and are digitized according to the needs of organizations and individuals during the implementation of administrative procedures.
The above papers shall be submitted in one of the following forms: originals; electronic copies issued from the original book; certified electronic copy of the original; electronic copies with the original for comparison during the settlement of administrative procedures.
- Results of verification, verification and reply to opinions of agencies and units involved in the settlement of administrative procedures, unless otherwise provided for by specialized laws.
- The settlement results of administrative procedures are still valid.
Circular No. 01/2023/TT-VPCP takes effect from May 25, 2023.
LawNet
