Regulations on online fulfillment of financial obligations arising from administrative procedures in Vietnam

Regulations on online fulfillment of financial obligations arising from administrative procedures in Vietnam (Internet image)

Regarding this issue, LawNet responded as follows:

1. Regulations on online fulfillment of financial obligations arising from administrative procedures in Vietnam

Regulations on online fulfillment of financial obligations arising from administrative procedures in Vietnam according to Article 13 of Decree 45/2020/ND-CP are as follows:

- Organizations and individuals shall pay fees, charges and/or taxes and fulfill other financial obligations (if any) arising from administrative procedures via the online payment function of the national public service portal or ministerial-level or provincial public service portals or via other methods as prescribed by law.

- Methods for authentication in online fulfillment of financial obligations on the national public service portal:

+ One-time sign in based on the connection between the national public service portal and the ministerial-level or provincial public service portal, public service provider and payment systems of banks and payment intermediaries; 

+ Using an account of a bank or payment intermediary if not signing in using an account of the national public service portal.

- Payment deadlines and rates of fees, charges and other financial obligations (if any) are provided for by the Law on Fees and Charges and relevant legislative documents.

- State budget contribution documents digitally signed by a bank or payment intermediary and information on successful state budget contribution shall be sent to the state budget contributor, competent authorities and relevant authorities and organizations (if any) to proceed to the next steps of the administrative procedure.

- Documents used for information exchange between competent authorities, persons fulfilling financial obligations and banks or payment intermediaries are provided for by regulations of laws on administrative procedures pertaining to State Treasury.

- Fees for online payment services are stipulated by regulations of banks or payment intermediaries unless otherwise provided for by law.

- Responsibilities of banks or payment intermediaries:

+ Provide solutions for online payment of fees, charges and taxes and fulfillment of other financial obligations arising from administrative procedures for competent authorities via connection/integration with the online payment function of the national public service portal or ministerial-level or provincial public service portals;

+ Publish the online payment fee rate of each specific case before organizations and individuals make payments;

+ Publish the payment process and method of organizations and individuals on the national public service portal and ministerial-level or provincial public service portals to provide the basis for cooperation in settlement of payments, trace requests and complaints between relevant parties;

+ Crosscheck daily to ensure consistency of data on transactions between banks and/or payment intermediaries and between banks or payment intermediaries and competent authorities; relevant parties shall identify the cause and cooperate in handling if there is any discrepancy;

+ Do bookkeeping and settle fulfillment of financial obligations arising from administrative procedures adequately according to regulations of laws;

+ Regularly review and inspect, and promptly detect and remedy incidents caused by system’s technical issues or errors made by staff of banks or payment intermediaries;

Cooperate with relevant authorities and units in identifying the cause and producing solutions to ensure safe and continuous management and operation of online payment systems on the national public service portal or ministerial-level or provincial public service portals.

+ Ensure quality of online payment services and information security during electronic administrative procedures as per the law;

+ Cooperate with competent authorities in resolving difficulties and fulfilling trace requests of organizations and individuals.

- Responsibilities of competent authorities:

+ Integrate and synchronize information and data related to requests for fulfillment of financial obligations arising from administrative procedures of organizations and individuals with the national public service portal or ministerial-level or provincial public service portals intra vires;

+ Cooperate with banks or payment intermediaries in connection, integration and launch of online payment services for financial obligations arising from administrative procedures within their respective competences; crosscheck regularly to ensure consistency of data between parties, which shall identify the cause and cooperate in handling if there is any discrepancy;

+ Publish contacts points for cooperation with commercial banks, payment intermediaries and relevant authorities and units on the national public service portal and ministerial-level or provincial public service portals, which provides the basis for cooperation in settlement of payments, trace requests and complaints;

+ Regularly review and inspect and promptly detect and remedy incidents caused by system’s technical issues or errors made by officials and public employees;

Cooperate with relevant authorities and units in identifying the cause and producing solutions to ensure safe and continuous management and operation of online payment systems on the national public service portal or ministerial-level or provincial public service portals;

+ Ensure quality of online payment services and information security during electronic administrative procedures as per the law;

-. State Treasury shall connect, integrate and share data with the national public service portal to facilitate online fulfillment of financial obligations arising from administrative procedures.

2. Administrative procedure results in Vietnam

According to Article 14 of Decree 45/2020/ND-CP, the administrative procedure results in Vietnam are as follows:

- The competent authority shall announce the administrative procedure result to the organization or individual according to regulations of specialized legislative documents and announce such result electronically to the organization or individual in the electronic data store of the organization or individual. In case the organization or individual authorizes another entity to carry out the administrative procedure, the result shall be announced in compliance with the authorization agreement.

- Administrative procedure results written on physical documents and in electronic formats shall have the same legal value.

- Requirements for an electronic administrative procedure result:

+ It fully reflects the required contents of the administrative procedure result; 

+ It bears the digital signature of the competent authority;

+ Data integrity, authenticity, non-repudiation and compliance with regulations of the Law on E-Transactions are ensured;

+ It is synchronized with the organization or individual’s electronic data store on the national public service portal using the following code format:

Application number-KQ(n)

In which n is the serial number of each result for administrative procedures with multiple results.

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