Vietnam: Prohibited acts in handling of administrative procedures in accordance with single-window systems and interlinked single-window systems

According to Decree No. 61/2018/ND-CP of Vietnam’s Government, tasked officials and public employees shall be PROHIBITED from performing the following acts:

- Bossily treat, harass, disturb and trouble organizations and individuals carrying out administrative procedures;

- Hinder organizations and individuals from selecting forms of submission of documentation, receipt and notification of results of handling of administrative procedures in accordance with laws;

- Illegally obstruct or prevent the process of transmitting, sending and receiving electronic data; illegally change, delete, remove, falsify, duplicate and move part or all of contents of data used for carrying out administrative procedures;

- Unveil information about documents and other information regarding the privacy of organizations and individuals or use such information for profiteering purposes;

- Refuse to carry out or lengthen the time of handling of administrative procedures or discretionarily request additional documents in breach of laws;

- Directly perform transactions, request organizations and individuals to additionally provide and improve documents without asking for permission from the One-stop Shop, unless otherwise prescribed by laws;

- Pass the buck, show a lack of cooperation, equality, impartiality and incompliance with laws during the process of handling administrative procedures;

- Behave or communicate incompliantly with workplace culture rules;

- Commit other violations against laws during the period of performing official affairs.

Concurrently, organizations and individuals requesting handling of administrative procedures shall be PROHIBITED from performing the following acts:

- Fraudulently and falsely create, expropriate and illegally use documents and results of handling of administrative procedures;

- Hinder the handling of administrative procedures for organizations and individuals;

- Use other tricks to deceive and bribe public officers, servants and employees during the process of handling administrative procedures;

- Slander, send reports, petitions, complaints, accusations on or impersonate other people to make false, unfounded or unproven denunciations of violations of law committed by public officers, servants or employees and competent entities in the course of providing instructions about, receiving, settling and informing results of handling of administrative procedures;

- Offend the honor of competent entities; use or threaten to use brute force, insult the honor and dignity of public officers, servants or employees or competent entities in the process of providing instructions on, receiving, settling and informing results of handling of administrative procedures;

- Give comments or assessments that are impartial, unfair, untrue, illegal or contrary to the actual conditions of implementation of assignments of public officers, servants or employees or competent entities during the period of providing instructions about, receiving, settling and informing results of handling administrative procedures;

- Commit other violations as provided in laws.

Also according to Decree No. 61/2018/ND-CP, enterprises providing public postal services, enterprises and individuals hired or authorized to carry out administrative procedures shall be PROHIBITED from performing the following acts:

- Hinder the process of handling of administrative procedures;

- Cheat public officers, servants, employees, competent entities, organizations or persons hired or authorized to carry out administrative procedures;

- Commit other violations as provided in laws.

View more details at Decree No. 61/2018/ND-CP of Vietnam’s Government, effective from June 21, 2018.

- Thanh Lam -

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