Instructions for declaration of information and preparation of documents used for carrying out administrative procedures at the Single-Window Department in Vietnam

Instructions for declaration of information and preparation of documents used for carrying out administrative procedures at the Single-Window Department in Vietnam (Internet image)

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

1. Instructions for declaration of information and preparation of documents used for carrying out administrative procedures at the Single-Window Department in Vietnam

Instructions for declaration of information and preparation of documents used for carrying out administrative procedures at the Single-Window Department in Vietnam according to Article 15 of Decree 61/2018/ND-CP are as follows:

- Public officers and servants working at the One-stop Shop shall be responsible for providing the following instructions:

+ Documents and papers that organizations and individuals must submit upon handling of administrative procedures;

+ Procedures and deadlines for handling of administrative procedures;

+ Amounts and forms of payment of taxes, fees, charges or discharge of other financial obligations (if any);

+ Provision of information and materials related to implementation of administrative procedures upon the requests of organizations or individuals in accordance with laws.

All instructions must be accurate, in full and in detail according to legislative documents in force, decisions on release of administrative procedures of competent entities, publicized on the national database of administrative procedures and at locations where administrative procedures are handled.

- Instructions shall be given to organizations and individuals in the following forms:

+ Direct instructions provided at the One-stop Shop;

+ Instructions given via switchboard systems or special telephone numbers available for public uses;

+ Online instructions given on the national public service portal, ministerial-level or district-level public service portal or via social networks certified by competent entities;

+ Written instructions sent by post;

+ Set of sample completed forms, readily built instructional videos or in other forms.

Instruction contents are stored at the One-stop Shop.

- In case where the list of documents included in the package submitted for handling of administrative procedures is less than the list of publicly disclosed documents as provided in clause 1 of Article 15 of Decree 61/2018/ND-CP or submitted documents have not provided sufficient information according to forms or samples included in instructions of competent entities:

Receivers of submitted documents for handling of administrative procedures shall have to instruct representatives of organizations or individuals to provide a single supplement in full and accurately.

2. Forms of submission of documents and receipt of results of handling of administrative procedures at the Single-Window Department in Vietnam

According to Article 16 of Decree 61/2018/ND-CP (amended in Decree 107/2021/ND-CP), organizations and individuals can submit dossiers and receive results of administrative procedures through the method prescribed in legal documents on administrative procedures:

- Directly at the Single-Window Department;

- By using public postal services as per the Prime Minister’s regulations, hired services provided by businesses, persons or authorization given in accordance with laws;

- Online at National Public Service Portal or ministerial-level or provincial-level public service portals.

3. Receipt of documents used for implementation of administrative procedures at the Single-Window Department in Vietnam

Receipt of documents used for implementation of administrative procedures at the Single-Window Department according to Article 17 of Decree 61/2018/ND-CP (amended in Decree 107/2021/ND-CP) are as follows:

- As for documents received in any of the forms prescribed in clause 1 and clause 2 of Article 16 of Decree 61/2018/ND-CP, public staff members receiving submitted documents at Single-Window Department must verify and inspect the accuracy and adequacy of these submitted documents;

Scan and store them in electronic files, and input them into databases of single-window electronic information systems of ministries, sectoral administrations and localities.

+ In case where submitted documents are not sufficient or accurate in accordance with regulations, public staff members receiving submitted documents must instruct representatives of requesting organizations or individuals to provide supplements to make perfect documents as provided in clause 3 of Article 15 of Decree 61/2018/ND-CP and must clearly state reasons by using the request form for supplementation and perfection of submitted documents;

+ In case of refusal to receive documents, public staff members receiving submitted documents must clarify reasons by using the form of refusal to process documents intended for handling of administrative procedures;

+ If submitted documents are sufficient and accurate in accordance with regulations, in-charge public staff members shall be responsible for receiving submitted documents and preparing the note of receipt of documents and appointment for response.

- With regard to documents submitted only via National Public Service Portal or public service portals at the ministerial or provincial level, public staff members receiving documents at Single-Window Department must review and verify the accuracy and adequacy of submitted documents.

+ In case where submitted documents have not yet been sufficient, accurate or have fallen outside of the handling jurisdiction in accordance with regulations, receiving public staff members must send notifications clearly stating contents, reasons and detailed and full instructions so that requesting organizations or individuals can provide full and accurate supplements one time or send documents to the right competent entities.

Notifications shall be sent by using the function of sending electronic mails or sending messages to people via ministerial-level or provincial-level public service portals;

+ If submitted documents are sufficient and valid, public staff members at Single-Window Department must receive and forward them to competent entities for further handling according to procedures prescribed in Article 18 of Decree 61/2018/ND-CP.

- After being received successfully, each administrative document will get a verification code inscribed in the note of receipt of documents and appointment for notification of results. Requesting organizations and individuals may use verification codes to log in the national public service portal or ministerial-level or provincial-level public service portals to check the status of their submitted documents.

- If administrative procedures require that handling results must be informed immediately after receipt and processing of documents that are adequate, accurate or meet receiving requirements, receiving public staff members shall not need to issue notes of receipt of documents and appointment for notification of handling results, but shall have to input the status of documents or handling results into the single-window electronic information system;

If persons submitting documents still demand notes of receipt of documents and appointment for notification of handling results, receiving public staff members must provide these notes to them.

- In case where public staff members working at Single-Window Department are assigned and authorized to handle administrative procedures by competent entities, provisions laid down in Article 19 of Decree 61/2018/ND-CP must be observed, the status of documents and handling results must be input into the single-window electronic information system.

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