Duties, rights and organization of the Single-window Department in Vietnam

Duties, rights and organization of the Single-window Department in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Duties and rights of the Single-window Department in Vietnam

According to Article 8 of Decree 61/2018/ND-CP (amended in Decree 107/2021/ND-CP) as follows:

* Duties

- Fully and promptly publish by electronic means or in writing the list of administrative procedures carried out at Single-window Departments; the contents of administrative procedures which are publicized under the provisions of the law on control of administrative procedures and Decree 61/2018/ND-CP;

Support those unable to access administrative procedures publicized by electronic means;

- Provide guidance on implementing administrative procedures; receive and digitalize administrative formalities; settle or transfer documentation used for handling administrative procedures;

Respond with results of handling of administrative procedures; monitor, supervise and evaluate the handling and notification of the results of administrative procedure settlement for organizations and individuals; collect fees and charges (if any) as prescribed;

- Cooperate with relevant agencies and units in resolving and informing the results of settlement of administrative procedures for organizations and individuals in cases where administrative procedures require the immediate resolution in the day or administrative procedures are assigned or entrusted to public officials and employees at the Single-window Department to resolve;

Support organizations and individuals to use Level 3 and Level 4 online public services;

- Cooperate with competent entities and other relevant ones to organize training courses in improvement of professional qualifications for public officers, servants and employees tasked with guiding, receiving and informing results of handling of administrative procedure according to single-window systems and interlinked single-window systems;

- Receive, settle or report to competent entities on handling of feedbacks, petitions, complaints and denunciations of organizations and individuals against public officers, servants and employees about guiding, receiving, settling and transferring documentation for handling and notification of administrative procedure settlement results;

Address the explanations for competent entities on feedbacks, petitions, complaints and denunciations to organizations and individuals;

- Arrange equipment at the Single-window Department in accordance with the provisions of point b of clause 2 of Article 13 herein and provide necessary legal support services, pay charges, fees, taxes, foreign and ethnic language interpreters (if necessary), photocopy, print documents and other necessary services to meet organizations or individuals’ demands at service prices approved by competent entities;

- Perform other duties as stipulated by law.

* Rights

- Request competent authorities and other related entities to provide information and documents used for performing tasks of receiving and handling administrative procedures;

- Refuse to receive documentation in contravention of regulations; preside over monitoring, supervising and pushing concerned agencies and units to settle administrative procedures in conformity with the processes already approved by competent entities;

Request competent entities to inform about the reception and progress of handling of administrative procedures for organizations and individuals; push agencies and units participating in the Single-window Department to process due or overdue documentation;

- Monitor, push, judge and assess public officers, servants or employees seconded by competent entities to work at the Single-window Department with regard to ensure that they comply with working hours and legislative regulations on working regimes, workplace culture and rules;

- Recommend reforming, renovating and promoting service quality, performing public affairs by deadlines and for the convenience of organizations and individuals; execute or cooperate in executing communication and propaganda campaigns for implementation of single-window systems or interlinked single-window systems for handling of administrative procedures;

- Appeal to competent entities to upgrade facilities and information technology infrastructure and application software of Public service portal and single-window electronic information portal systems; get involved in assuring information security during the period of usage and operation of these systems;

- Exercise other rights as stipulated by law.

2. Organization of Single-window Department in Vietnam

The organization of the Single-window Department in Vietnam according to Article 7 of Decree 61/2018/ND-CP (amended in Decree 107/2021/ND-CP) is as follows:

* At the ministerial level

- Based on the actual situation and capacity of public postal service providers, ministries, ministerial-level agencies, and government-attached agencies(In case this agency implements the one-stop-shop mechanism as prescribed in Clause 5 and Article 2 of Decree 61/2018/ND-CP), the Provincial-level people's committees shall decide on the implementation of the mechanism for assigning public postal service providers to undertake one or several tasks in the process of guiding, receiving, digitizing dossiers, and returning the results of administrative procedures in accordance with the law on bidding.

In case of refusing to establish Document Receipt and Response Divisions at ministries and ministry-level entities, Ministers and Heads of Ministry-level agencies shall regulate the establishment of such Single-window Departments at general departments (or directorates) or equivalent ones and departments (or authorities or administrations);

- Based on principles specified in Article 4 of Decree 61/2018/ND-CP and other provisions laid down herein, Minister of National Defense and Minister of Public Security shall make decisions on implementation of single-window systems and interlinked single-window systems according to the working conditions of respective ministries;

- Under the provisions of Decree 61/2018/ND-CP, other provisions of laws and related International Agreements to which the Socialist Republic of Vietnam is a signatory or has acceded, and practical conditions and contexts of specific countries and localities, the Minister of Foreign Affairs shall make a decision on implementation of single-window systems and interlinked single-window systems in order to deal with administrative procedures at diplomatic missions, consular missions and representative agencies of Vietnam in overseas international organizations.

* At the provincial level

- Provincial-level People’s Committees shall decide to establish Public Administrative Service Centers that play their roles as particular administrative entities under the control of Offices of provincial-level People’s Committees, hold stamps and other private accounts used for implementing assigned duties and delegated authority.

Facilities, offices, equipment, machinery and technical applications of Public Administrative Service Centers shall be provided and managed by Offices of provincial-level People’s Committees.

Based on the frequency rates of receipt of administrative documents, the locations of main offices of specialized entities and natural conditions, and local socio-economic conditions, People's Committee of Hanoi and People's Committee of Ho Chi Minh city shall appeal to municipal People's Councils to decide the number of Public Administrative Service Centers in these cities;

- In case where provincial-level administrative divisions fail to meet prescribed requirements for organization of Public Administrative Service Centers, heads of specialized entities shall decide to establish Document Receipt and Response Division subordinate to offices of these specialized entities put under the control of provincial-level People's Committees.

Facilities, main offices, equipment, machinery and technical applications of Document Receipt and Response Divisions at provincial-level specialized entities shall be provided by these entities.

* At the district level

District-level People's Committees shall decide to establish Document Receipt and Response Divisions subordinate to offices of district-level People’s Councils and People’s Committees.

Offices of district-level People’s Councils and People’s Committees shall provide and manage main offices, equipment, machinery, application software and network systems.

* At the communal level

Communal-level People’s Committees shall decide to establish Document Receipt and Response Divisions under their jurisdiction.

* Heads of centrally-controlled agencies shall be vertically organized at the localities deciding to organize Document Receipt and Response Divisions at offices or specialized units or organizations affiliated to these agencies (if these units or organizations do not have offices), shall direct the assignment of public officers, servants or employees to directly come to provincial-level Public Administrative Service Centers or district-level Document Receipt and Response Divisions to receive and deal with administrative procedures with respect to those under their jurisdiction as provided in clause 2 and 3 of Article 14 of Decree 61/2018/ND-CP

* At ministries and sectoral administrations, provincial-level People's Committee deciding to establish Document Receipt and Response Divisions at specialized entities,

Ministry’s Offices or Offices of provincial-level People’s Committees shall be assigned to monitor, supervise and expedite implementation of single-window systems and interlinked single-window systems at these entities through electronic single-window information systems at the ministerial or provincial level.

Quoc Dat

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