07:48 | 23/07/2024

Circular 13/2023/TT-BNV guiding the format of electronic administrative procedure documents - What are the regulations?

Circular 13/2023/TT-BNV guiding the storage of electronic administrative procedure records? How is the format of electronic administrative procedure records regulated? Question by T.Q in Hanoi.

Circular 13/2023/TT-BNV Guidelines on Archiving Electronic Administrative Procedure Records

On August 31, 2023, the Ministry of Home Affairs issued Circular 13/2023/TT-BNV to guide the archiving of electronic administrative procedure records.

In Article 2 of Circular 13/2023/TT-BNV, the scope of application is defined as follows:

State agencies, organizations, enterprises (hereinafter referred to as agencies, organizations), and individuals performing administrative procedures.

Furthermore, in Article 3 of Circular 13/2023/TT-BNV, the components of electronic administrative procedure records are defined as follows:

- Digitized documents from papers, submitted by agencies, organizations, and individuals to perform administrative procedures as specified in Article 4 of Circular 01/2023/TT-VPCP, dated April 5, 2023, from the Minister and Chairman of the Government Office of Vietnam, which stipulates the content and measures for implementing digitization of records and results of administrative procedures and performing administrative procedures in an electronic environment.

- Electronic documents submitted by agencies, organizations, individuals through the National Public Service Portal, ministry-level, province-level Public Service Portals, and electronic documents formed during the processing of administrative procedures at the competent authority.

- Metadata of electronic documents specified in Clauses 1 and 2 of Article 3 of Circular 13/2023/TT-BNV and opinions of individuals during the processing of administrative procedures on the Administrative Procedure Information System at the ministry or province level (if any).

Circular 13/2023/TT-BNV Guidelines on the format of electronic administrative procedure records

Circular 13/2023/TT-BNV Guidelines on the format of electronic administrative procedure records (Image from the internet)

How is the format of electronic administrative procedure records regulated?

The format of electronic administrative procedure records is regulated in Article 4 of Circular 13/2023/TT-BNV as follows:

- For electronic administrative procedure records digitized at receiving agencies, organizations or received online through the National Public Service Portal, ministry-level, province-level Public Service Portals, implementation follows regulations in Article 8 of Circular 01/2023/TT-VPCP.

- For electronically created administrative procedure records:

+ Administrative documents: .PDF format, version 1.4 or higher; documents issued by agencies or organizations comply with Decree 30/2020/ND-CP dated March 5, 2020, by the Government of Vietnam on clerical work; personal or business documents must be digitally signed as required by the law on electronic transactions.

+ Other documents as per specialized legal regulations.

- The structure and data format of data packets for interconnection on the Administrative Procedure Information System at the ministry and province levels follow the regulations in Circular 18/2019/TT-BTTTT dated December 25, 2019, by the Minister of Information and Communications, issuing national technical standards on data packet structure and format for connecting the National Public Service Portal with ministry-level and province-level Public Service Portals and national and specialized databases.

- The identification code for electronically archived administrative procedure records is implemented as specified in Article 26 of Decree 61/2018/ND-CP dated April 23, 2018, by the Government of Vietnam on the implementation of one-stop-shop and connected one-stop-shop mechanisms in handling administrative procedures.

+ Identification code of the competent authority receiving the administrative procedure.

+ Date of receipt.

+ Sequence number of the received record of the day.

- The structure of the identification code for agencies and organizations is implemented under Decision 20/2020/QD-TTg dated July 22, 2020, by the Prime Minister of the Government of Vietnam on the electronic identification code of agencies and organizations for data interconnection and sharing with ministries, central authorities, and local authorities.

How is the submission of electronic administrative procedure records to the Agency Archive implemented?

Article 5 of Circular 13/2023/TT-BNV stipulates the submission of electronic administrative procedure records to the Agency Archive as follows:

- Electronic administrative procedure records submitted to the Agency Archive must conform to the components, structure, and format prescribed in Circular 13/2023/TT-BNV and Article 7 of Decree 01/2013/ND-CP dated January 3, 2013, by the Government of Vietnam detailing the implementation of the 2011 Law on Archiving.

- Electronic administrative procedure records are submitted to the Agency Archive within 1 year from the date the work is completed.

- The identification code of electronic administrative procedure records is kept unchanged as specified in Clause 4, Article 4 of Circular 13/2023/TT-BNV and ensures uniqueness in the Electronic Document Management System of the Agency Archive.

- Electronic administrative procedure records are submitted to the Agency Archive based on the interconnection between the ministry and province-level Administrative Procedure Information System and the Electronic Document Management System.

Circular 13/2023/TT-BNV will take effect from October 15, 2023.

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