What are the procedures for receipt and handling of administrative procedures by electronic means in Vietnam?
What are the rules of electronic administrative procedures by electronic means in Vietnam?
Specifically, in Article 4 of Decree No. 45/2020/ND-CP, the rules of electronic administrative procedures by electronic means include:
- Electronic administrative procedures and other forms of administrative procedures shall have the same legal value as per the law.
- Electronic administrative procedures shall be received and handled in a lawful, reasonable and scientific manner that ensures fairness, impartiality, transparency, information safety and close cooperation between competent authorities in the handling process.
- Electronic administrative procedures shall revolve around organizations and individuals and have simple, understandable and easy-to-follow language and methods to facilitate administrative reform.
- Do not request organizations or individuals to resubmit data currently managed by competent authorities or readily shared by other state agencies.
- Maximize number of steps of administrative procedures that could be carried out electronically to save time, costs and effort of organizations, individuals and competent authorities.
- Electronic administrative procedures shall not incur any fee or charge besides those required by law.
- Comply with regulations of Vietnamese law and international conventions related to e-transactions to which Vietnam is a signatory.
What are the procedures for receipt and handling of administrative procedures by electronic means in Vietnam?
What are the procedures for receipt and handling of administrative procedures by electronic means in Vietnam?
Pursuant to Article 11 of Decree No. 45/2020/ND-CP stipulating as follows:
Procedures for receipt and handling of administrative procedures by electronic means
1. The national public service portal or ministerial-level or provincial public service portal shall automatically inspect the application in terms of the technical aspect upon receipt. If the application meets all component and technical requirements, the applicant shall be automatically notified of the application’s successful submission and the time of official receipt of the application.
2. An official or public employee shall access the ministerial-level or provincial single-window information system and inspect the submitted application. Such inspection includes:
a) Inspection of accuracy of information written in forms via information and data in information systems and databases readily connected and shared with the national public service portal, ministerial-level or provincial public service portal and ministerial-level or provincial electronic single-window information system;
b) Inspection of the digital signature to ensure authentication, validity, accuracy and integrity of each component of the application submitted or cited and components submitted per electronic authentication requirements; the digital signature shall be inspected as prescribed by the Law on E-Transactions.
3. After the inspection, if the application is adequate, the official or public employee shall receive and assign an identifying number to the application and process it following the procedure stated in Chapter III of the Government’s Decree No. 61/2018/ND-CP dated April 23, 2018 and relevant regulations of laws. If the application is inadequate or fails to meet any requirement, the official or public employee shall inform the applicant via the applicant's account on the national public service portal, ministerial-level or provincial public service portal or another contact channel registered by the applicant and provide instructions on how to amend the application according to requirements once for the applicant.
4. The official or public employee shall notify the applicant of official receipt of the application or request the applicant to amend the application within 08 working hours from the time of receipt on the system.
5. With the applicant’s permission, the information and components of the application mentioned in Clause 2 herein shall be retained in the applicant’s electronic data store after the competent authority receives and verifies such information and components.
Thus, the procedures for receipt and handling of administrative procedures by electronic means shall comply with the above provisions.
What regulations must be met in the electronic administrative procedure results?
Pursuant to Article 14 of Decree No. 45/2020/ND-CP stipulating as follows:
Administrative procedure results
1. The competent authority shall announce the administrative procedure result to the organization or individual according to regulations of specialized legislative documents and announce such result electronically to the organization or individual in the electronic data store of the organization or individual. In case the organization or individual authorizes another entity to carry out the administrative procedure, the result shall be announced in compliance with the authorization agreement.
2. Administrative procedure results written on physical documents and in electronic formats shall have the same legal value.
3. Requirements for an electronic administrative procedure result:
a) It fully reflects the required contents of the administrative procedure result;
b) It bears the digital signature of the competent authority;
c) Data integrity, authenticity, non-repudiation and compliance with regulations of the Law on E-Transactions are ensured;
d) It is synchronized with the organization or individual’s electronic data store on the national public service portal using the following code format:
Application number-KQ(n)
In which n is the serial number of each result for administrative procedures with multiple results.
Thus, an electronic administrative procedure result must ensure the following provisions:
- It fully reflects the required contents of the administrative procedure result;
- It bears the digital signature of the competent authority;
- Data integrity, authenticity, non-repudiation and compliance with regulations of the Law on E-Transactions are ensured;
- It is synchronized with the organization or individual’s electronic data store on the national public service portal using the following code format:
+ Application number-KQ(n)
In which n is the serial number of each result for administrative procedures with multiple results.
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