What are the acts that civil servants and public employees are not allowed to do when handling administrative procedures under the one-stop-shop mechanism at the Receipt and Return of Results Department of the MPI in Vietnam?

Recently, I submitted an application at the Receiving and Returning Department of the Ministry of Planning and Investment. The person receiving the application asked me to provide some legal documents, but I refused. May I ask if the job of the person receiving the application is in accordance with the law?

What standards must be met by civil servants and public employees working at the Department of receiving and returning results of the Ministry of Planning and Investment in Vietnam?

Pursuant to Article 10 of the Regulation promulgated together with Decision 1100/QD-BKHDT in 2022 of the Ministry of Planning and Investment in Vietnam stipulates as follows:

“Article 10. Standards, responsibilities and interests of civil servants and public employees working at the Result Receiving and Returning Department
1. Standard:
Civil servants and public employees working at the Department of Receiving and Returning results of administrative procedures at the Ministry of Planning and Investment need to meet the standards specified in Clause 1, Article 11 of Decree No. 61/2018/ND - Government's CP on implementation of the one-stop-shop, one-stop-shop mechanism in handling administrative procedures (hereinafter referred to as Decree No. 61/2018/ND-CP).
2. Responsibilities:
Civil servants and public employees working at the Department of Receiving and Returning results of administrative procedures at the Ministry of Planning and Investment, in addition to performing the responsibilities specified in Clause 2, Article 11 of Decree No. 61/2018 /ND-CP needs to implement the digitization of administrative procedures according to the provisions of Clause 11 Article 1 of Decree No. 107/2021/ND-CP dated December 16, 2021 of the Government amending and supplementing a number of documents. Article of Decree No. 61/2018/ND-CP (hereinafter referred to as Decree No. 107/2021/ND-CP).
3. Benefits:
Civil servants and public employees working at the Receiving and Returning Department are entitled to the benefits specified in Clause 3, Article 11 of Decree No. 61/2018/ND-CP and the following benefits:
a) Training regime: Heads of sections and civil servants working at the One-Stop-Shop are entitled to benefits according to the current regulations of the State and in accordance with the internal spending regulations of the Ministry of Planning and Investment. .
b) Dress: Civil servants working at the Receiving and Returning Department are provided with uniforms and comply with the internal spending regulations of the Ministry of Planning and Investment. Each year is provided with a minimum of: 01 (one) spring-summer set and 01 (one) winter-autumn set per person.
4. Working term of civil servants assigned to the Receiving and Returning Department:
The time limit for performing tasks of civil servants assigned to the Receiving and Returning Department is at least 06 months and not more than 24 months per batch as prescribed in Clause 4, Article 11 of Decree No. 61/2018/ND- CP . "

Accordingly, the standards, responsibilities, interests and working term of civil servants and employees at the Receiving and Returning Department of the Ministry of Planning and Investment in Vietnam shall comply with the above provisions.

What are the acts that civil servants and public employees are not allowed to do when handling administrative procedures under the one-stop-shop mechanism at the Receipt and Return of Results Department of the MPI?

What are the acts that civil servants and public employees are not allowed to do when handling administrative procedures under the one-stop-shop mechanism at the Receipt and Return of Results Department of the MPI in Vietnam?

What is the organizational structure of the department for receiving and returning results at the Ministry of Planning and Investment in Vietnam?

Pursuant to Clause 3, Article 9 of the Regulation promulgated together with Decision 1100/QD-BKHDT in 2022 of the Ministry of Planning and Investment stipulates as follows:

“Article 9. Duties, powers and organizational structure of the Department of Receiving and Returning Results
...
3. Organizational structure:
a) The Head of the Department of Receiving and Returning Results is in charge of a Leader of the Office of the Ministry in charge of the Administrative Procedures Control - General Department.
b) The number of civil servants and public employees working at the Receiving and Returning Department includes:
- 02 permanent employees at the Receipt and Return of Results Department under the staff of the Administrative Procedures Control Department - General is responsible for managing and operating the headquarters, equipment, machinery, and systems. network of the Receiving and Returning Department; receive dossiers and return results to organizations and individuals.
- Each specialized unit that has administrative procedures to be handled at the Result Receiving and Returning Department must appoint at least 01 full-time civil servant (or official) to perform the task of digitizing records, handling administrative procedures. main.
The list of civil servants and public employees is posted at the Receiving and Returning Department.”

Accordingly, the organizational structure of the result-receiving and returning department at the Ministry of Planning and Investment shall comply with the above regulations.

Pursuant to Article 11 of the Regulation promulgated together with Decision 1100/QD-BKHDT in 2022 of the Ministry of Planning and Investment stipulates as follows:

“Article 11. Acts not performed in the settlement of administrative procedures according to the one-stop-shop mechanism, one-stop shop”
1. For civil servants and public employees working at the Receiving and Returning Department:
a) Not to perform the acts specified in Clause 1, Article 5 of Decree No. 61/2018/ND-CP.
b) Request for re-supply of information, papers, electronic documents or digitized documents that have legal value in accordance with the law, be connected, share data in the process of receiving, interpreting administrative procedures, except for the purpose of verifying and re-verifying the authenticity of digitized information, papers and documents.
2. Organizations and individuals that request the settlement of administrative procedures under the one-stop-shop mechanism at the Ministry of Planning and Investment are not allowed to perform the acts specified in Clause 2, Article 5 of the Decree No. Decree No. 61/2018/ND-CP.”

Thus, civil servants and public employees working in the Receiving and Returning Department at the Ministry of Planning and Investment in Vieitnam are not allowed to perform the acts specified in this regulation in handling administrative procedures under the one-stop-shop mechanism. a connecting door.

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