Vietnam: How are the principles of administrative procedure control regulated under current law?
How are the principles of administrative procedure control regulated under current Vietnamese laws?
According to the explanation in Clause 5 Article 3 of Decree 63/2010 / ND-CP as follows:
"5. "Control of administrative procedures" means the review, evaluation and monitoring to ensure the feasibility of regulations on administrative procedures, meeting the requirements of publicity and transparency in the process of organizing the implementation of administrative procedures."
Regarding the principle of control of administrative procedures, pursuant to Article 4 of Decree 63/2010/ND-CP amended by Clause 1 Article 1 of Decree 92/2017/ND-CP stipulates:
- Control of administrative procedures must ensure the effective implementation of the objectives of administrative procedure reform and administrative reform; ensure coordination and mobilization of active and wide participation of all agencies, organizations and individuals in the process of controlling administrative procedures.
- Promptly detect to remove or edit inappropriate, complicated and troublesome administrative procedures; supplementing necessary administrative procedures to meet actual needs; ensure that administrative procedures are simple, easy to understand, easy to implement, saving time, costs and efforts of subjects and agencies performing administrative procedures.
- Control of administrative procedures is carried out right from the time of requesting the development of legal documents and is carried out regularly and continuously in the process of organizing the implementation of administrative procedures.
Vietnam: How are the principles of administrative procedure control regulated under current law?
Agencies and units controlling administrative procedures in Vietnam?
According to Article 5 of Decree 63/2010/ND-CP amended by Clause 1 Article 1 of Decree 48/2013/ND-CP, agencies and units controlling administrative procedures are as follows:
- The Ministry of Justice shall assist the Government in unified state management on controlling administrative procedures.
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.
- 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.
- 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.
- 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.
What acts are strictly prohibited in administrative procedures for cadres and civil servants in Vietnam?
In addition, Article 6 of Decree 63/2010/ND-CP stipulates the following prohibited acts:
- Cadres and civil servants assigned to implement administrative procedures are prohibited from committing the following acts:
a/ Disclosing information on documentation and information relating to business know-how and personal secrets of administrative procedure-complying subjects that are known during the implementation of administrative procedures, unless such disclosure is consented by such subjects in writing or otherwise prescribed by law; using such information to infringe upon others legitimate rights and interests;
b/ Refusing to implement, prolonging the time of implementation or requiring other additional dossiers and papers than those prescribed at their own discretion without giving any reasons in writing:
c/ Acting in an authoritative, extortive and troubling manner towards administrative procedure-complying subjects; taking advantage of regulations and constraints related to administrative procedures for self-seeking purposes;
d/ Accepting money or gifts in any forms from administrative procedure-complying subjects upon receipt and handling of administrative procedures other than charges or fees for implementing administrative procedures which have been prescribed and made public;
e/ Shifting responsibility, showing lack of coordination, causing delays and obstacles in performing assigned tasks.
- Administrative procedure-complying subjects are prohibited from obstructing activities of state agencies and competent persons; from giving bribes or using other expedients to deceive state agencies or competent persons in implementing administrative procedures.
- Agencies, organizations and individuals are prohibited from committing acts that obstruct the control of administrative procedures.
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