Circular 25/2014/tt-Btp: A Guide To Examine The Implementation Of Control Activities Of Administrative Procedure

Original Language Title: Thông tư 25/2014/TT-BTP: Hướng dẫn kiểm tra việc thực hiện hoạt động kiểm soát thủ tục hành chính

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CIRCULAR Guide check the active implementation of control procedures _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 63/2010/ND-CP on 08 June 2010 of the Government on the control of administrative procedures;
Pursuant to Decree No. 20/2008/ND-CP dated 14 February 2008 the Government of receiving, processing, reflect the recommendations of individuals, organization of administrative regulations;
Pursuant to Decree No. 48/2013/ND-CP on May 14, 2013 the Government's amendments and supplements to some articles of the Decree relating to the control of administrative procedures;
Pursuant to Decree No. 22/2013/ND-CP dated 13 March 2013 of government functions, tasks, powers and organizational structure of the Ministry of Justice.
At the suggestion of Director of Department of administrative control, the Minister of Justice issued circulars to check the implementation of control activities of administrative procedures.
Chapter I GENERAL PROVISIONS article 1. Scope this circular Guide check the active implementation of control procedures including: guidelines, forms, ways, competence, processes, content checking; the duties and powers of inspection; duties, powers of the Organization, the individual is examined and processed the test results.
Article 2. The object that applies to this circular apply to ministries, ministerial agencies, the social insurance agency: Vietnam social policy Bank, the Vietnam Development Bank (hereinafter referred to as The Agency); The people's committees of provinces and cities under central (hereafter referred to collectively as the provincial people's Committee) and the organizations and individuals related to control activities of administrative procedures.
Article 3. Principle of the test 1. Testing must be done according to the right content, competence, processes; match the actual requirements and meet your goals governance for active control of administrative procedures.
2. Ensure the objectivity, transparency and publicity right laws.
3. Ensure tight coordination between the agencies and units related to inspection, avoid duplication, overlap in check.
4. Do not cause noise interference, troubles, difficulties, obstacles for the Organization, individuals are tested.
5. Only check when planning to inspect or request of the Agency, the competent person in accordance with the law.
Article 4. Form check 1. Periodic inspection is the examination under the regular annual planning agencies, competent person check approval.
2. irregular check is to check at the request of the Agency, the competent person.
Article 5. How to check the inspection was conducted in two ways: 1. direct examination is the examination Group work directly with organizations, individuals are tested.
2. indirect test is the test report Study Group, text, documents of the Organization, the individual is examined.
Article 6. Duties and powers of the test Group 1. The Mission of the Division of inspection: a) build specific test programs on the basis of information, records, documents on activity of control procedures of the Organization, the individual is examined;
b) tested in accordance with the approved plan or request of the Agency, the competent person;
c) collect and use the information, record, document by the Organization, individuals are tested to provide service for the inspection;
d) promptly report test results with the Agency who has the authority to enact and announce the test conclusions for organizations and individuals involved know, done;
DD) establish and document, document check.
2. Powers of inspection Group: a) check the correct content of the decision establishing the test Group and the plan has been approved;
b) requesting organizations and individuals are tested to provide timely, complete, accurate information, records, documents related to the content of the test; justification on issues related to the content of the test;
c) requirements or recommendations to competent bodies directing the Organization, individuals are tested to overcome these limitations, existing in the operation of control procedures; processed under the authority or agency requirements, the competent handling of the cases of public servants violate the rules in the process of receiving, solve administrative procedures;
d) based on the specific conditions and test content, test report who had the authority to invite some other units, agencies and news agencies, the press election officials of taking part in the test Group.
Article 7. Duties and powers of the Organization, the individual be examined 1. The Mission of the Organization, the individual is examined: a) works closely with the check in process performs the check, send the results reported implementation of mission control procedures for checking at the latest before the 5 (five) working days since the date of the test Crew to work (in the case of irregular check organizations and individuals are tested not send report);
b) honest reporting, providing timely, complete, accurate information, documents and content-related check and responsible before the law about the truthfulness, accuracy of information, the document has to offer;
c) absorb and implement the recommendations, requirements, the conclusions of the test Group or by the Agency, the competent person;
d) situation report, the results of conclusions of the test Group or by the agency authorized under the provisions of article 26 of this circular.
2. The powers of the Organization, the individual is examined: a) Are justified in order to clarify the relevant content with the check;
b) has the right to refuse to provide the information, the document is not relevant to the content of the test;
c) Is full, accurate information to the contents of test plans, test conclusions and has the right to propose the revised, modified and supplemented the contents of test conclusion if the proof is conclusive test confusion, inaccurate or incomplete.
Article 8. Funding funding to test the implementation of control activities the administrative procedure was deployed from its regular annual spending by the State budget and other sources of legitimate expenses under the rules.
Chapter II jurisdiction, PROCEDURES and TEST CONTENT section 1 AUTHORITY to CHECK the article 9. Authority check 1. The Minister of Justice to check the implementation of control activities in administrative procedures of the ministries, local on nationwide.
2. Ministers, heads of agencies to check the implementation of operational control procedures at the service, Department, General Department, subdivisions, agencies.
3. provincial people's Committee inspecting the implementation of control activities administrative procedures at Headquarters, departments, committees, districts, towns and cities in the province and the people's committees of communes, wards and towns in range management.
Article 10. Organizations make inspection 1. Administrative control Bureau, Ministry of Justice staff, help the Minister of Justice held to check the implementation of control activities in administrative procedures of the ministries, local on nationwide, include the following: a) the draft plan, the content of periodic inspection;
b) draft decision on establishment of the test Group;
c) propose measures to handle after the check (if available);
d) build report on the situation, the test results;
DD) other tasks as requested by the Agency, the competent person.
2. Organization of the legislation, the Agency has the responsibility to consult, helps Minister, heads the Organization to check the implementation of control activities of the administrative procedure, the Department, General Department, subdivisions, agencies including the content set forth in paragraph 1 of this article.
3. The Department of Justice has responsibility, Chief of provincial people's committees help organize check control activities implementation procedures of the facility, departments, committees, districts, towns and cities in the province and the people's committees of communes, wards and towns in the scope of management , including the content set forth in paragraph 1 of this article.
Section 2 article 11 CHECK PROCESS. Build and test plan notice 1. The base plans to perform administrative control, administrative control Bureau of building inspection plan draft the Minister of Justice on Jan. 15 before approval and sent to ministries, agencies, provincial people's Committee within a period of 5 (five) working days from the date of approval; on the basis of the test plan of the Ministry of Justice, Ministry of Legal Affairs Organization, agency, the Department of Justice draft plans to examine the bodies, competent person specified in clause 2, 3 article 9 approved before Feb. 15 of the year of the plan. The test plan includes the following principal contents: a) the purpose, requirements and the test range;
b) content and how the check;
c inspection Group ingredients);
d) participants during the execution of the test;
DD) time to conduct the test;
e) list of organizations and individuals to be tested;
g) the responsibility of the Organization, the individual is examined; the Agency's responsibility, the unit test; the responsibilities of the Agency, the combined unit test.
h) funding done.
2. test plan of ministries and agencies, provincial people's Committee, the central cities must be sent to the Ministry of Justice and the Organization, individuals are checked within 10 (ten) working days from the day the plan was approved to monitor, coordinate and implement.
3. in case there are changes as compared with the approved plans, administrative control Bureau, legal organization of ministries and agencies, the Department of Justice report, the competent authority specified in article 9 review, decided to tune in and notify the authorities, units and organizations related individuals.
Article 12. Union check 1. Based on the approved plan or at the request of the Agency, authority, agency, control unit administrative procedures of construction decided to set up the test Group, the bodies, competent person specified in article 9 decided to set up the test Group. Decided to set up the test Group included the following: a inspection Group ingredients) (head of the delegation, Deputy Head of the delegation, the Secretary of the Union and the Member States);

b) duties and powers of inspection;
c) Organization, the individual is examined;
d) time check;
DD) test implementation funding.
2. the competent authorities, the provisions of article 9 may be delegated to the Chief administrative control, the head of the Ministry's legal organization, agency, Director of the Justice Department decided to set up the test Group.
Article 13. Preparing check before conducting the test, the test Group performed the following operations: 1. contact with the Organization, individuals are tested to collect and synthesize information, records, documents on the situation of operation control administrative procedures of the Organization, the individual is examined that relate to the content of the test. 
2. To notify the Organization, individuals are tested on the program, the time check at the latest within 10 (ten) working days (test cases, is 3 (three) working days) before conducting the test.
3. Prepare the test implementation funding.
Article 14. Proceed to test the 1. The delegation inspect check, verify the information, documents; the results of the mission control procedures to conclude the test content. The test group is responsible for recording the minutes and confirm through a check immediately after the end of the test session.
2. Immediately after the test, Secretary of the drafting group concluded the check on the basis of the report on the check, the head of the delegation considered, through;
3. At the meeting to announce the draft conclusions of the inspection Group, organization or individual be checking comments, explanations that are specific to the content of the check referred to in the draft conclusions.
Article 15. The announcement concludes the slowest test within 15 (fifteen) working days from the date of the check, the agency authorized person responsible for signing the check, send the notice concluded check to the Organization, the individual concerned.
Test conclusion is stating results achieved; exist, limit; the cause; suggestions, recommendations of the delegation checked in implementing administrative control of the Organization, the individual is examined.
Article 16. The process of checking the irregular unscheduled inspection process is done according to article 12, 13, 14, 15 of this circular.
Item 3 article 17 CHECK CONTENT. Check the direction, administration and implementation activities to control administrative procedures 1. Check the issued the guidance documents, steering control administrative procedures according to the following content: a) the legal basis of the promulgation of the text;
b) authority of the Agency issued guidance documents, steering control procedures;
c) text tutorial, steering control the politics of conformity, consistency with the higher legal text.
2. check the situation, urging implementation of control procedures including: the enactment and implementation of the Organization of the plan related to control activities of administrative procedures; the inspection, monitoring the implementation of control procedures; the training, professional training for officers and civil servants; the obstacles and difficulties in the process of implementing (if available).
3. check the work of the Organization, personnel implement control procedures including: personnel, organization of administrative control Room, officers, servants clue mission control procedures, mode for officers, clue mission, control administrative procedures; the obstacles and difficulties in the process of implementing (if available).
4. Check the layout and use of cost control of administrative procedures; the obstacles and difficulties in the process of implementing (if available).
Article 18. Check out the performance reviews the impact of administrative procedures and the acquiring, explanation of the content involved comments on the provisions of the administrative procedure the Agency chaired drafting 1. Check the implementation of regulatory impact assessment procedures in the project, draft legal text has defined the administrative procedure according to the provisions of article 10 of Decree 63/2010/ND-CP on 08 June 2010 of the Government on the control of administrative procedures have been modified supplemented by the decree 48/2013/ND-CP on May 14, 2013 of the Government (hereafter abbreviated as Decree 63/2010/ND-CP has been modified and supplemented) and Chapter II of circular No. 07/2014/TT-BTP on Feb. 24, 2014 of the Department of Justice guide to the assessment of the impact of administrative procedures and reviewing , reviews administrative procedures (hereafter abbreviated to Circular 07/2014/TT – BTP).
2. check the acquiring, explanation of the content involved comments on administrative regulations as defined in paragraph 3 article 9 of Decree 63/2010/ND-CP has been modified and supplemented.
Article 19. Check the join the opinion and due diligence with respect to the regulation of administrative procedures in the project, the draft legal text of legal organization, the Justice Department 1. Check the content involved comments on administrative regulations on file involved comments with respect to the project, the draft legal text of a decree administrative procedures as specified in article 9 of the Decree 63/2010/ND-CP has been modified and supplemented.
2. check the content evaluation of administrative regulations on file for the project assessment, draft legal texts containing provisions of administrative procedure as defined in article 11 of the Decree 63/2010/ND-CP has been modified and supplemented.
Article 20. Check the implementation of publication, public administrative procedures 1. Check the implementation of the administrative procedure publication a) checks the implementation of announced administrative procedure pursuant to the provisions of article 13, article 14, article 15 of the Decree 63/2010/ND-CP has been modified, added and Item 1 of chapter I of the circular number 05/2014/TT-BTP July 12 2014 of the Ministry of Justice guidance published , listing administrative procedures and reporting on the situation, the results of control of administrative procedure (hereafter abbreviated as circular 05/2014/TT – BTP).
b) check the adequacy, accuracy, timeliness and authority issued decision announced administrative procedures within the Department's management functions, the Agency and the decision to publish the administrative procedure in the jurisdiction of the authorities of the province , central cities.
2. check the implementation of the public administrative procedure a) check the adequacy, often, clear, correct, accessible, easily exploited, used in the listing of the administrative procedure under decision announced the administrative procedures of the competent authorities, the unit directly receiving and solve administrative procedures for individuals the Organization, under the provisions of article 16, article 17 of the Decree 63/2010/ND-CP has been modified, added and item 2 Chapter I circular 05/2014/TT-BTP;
b) check the adequacy, timeliness of the import, the posted data suggested administrative procedures have been published on the Authority's database on national administrative procedures as specified in article 23 and article 24 of the Decree 63/2010/ND-CP has been modified, added and chapter II Circular 19/2014/TT-BTP September 2014 of the Ministry of Justice of to enter, upload, data mining administrative procedure on the basis of data on administrative procedures and management of a national database on administrative procedures.
Article 21. Check the resolution of administrative procedures 1. Check the resolution of administrative procedures based on the text of the legal provisions on administrative procedure, administrative procedure content was listed in place of reception, resolving administrative procedures and public information on the national database of administrative procedures.
2. check the resolution of administrative procedures at the Agency, the implementation of the administrative procedure according to the content of the provisions of article 18 and article 20, Decree 63/2010/ND-CP has been modified and supplemented.
Article 22. Check out the review, reviews administrative procedures 1. Check out the review, reviews administrative procedures prescribed in chapter V of the Decree 63/2010/ND-CP has been modified, added and chapter III to Circular 07/2014/TT-BTP.
2. check your work, reviews administrative procedures according to the contents: a) check the built, issued the plan review, reviews the annual procedure and organization of your plans, reviews of administrative procedures of the Organization, individuals are tested.
b) check the progress, review results, reviews administrative procedures according to your plan, reviews administrative procedures by Department, agency, or Committee of the provincial people's Government, the Prime Minister. 
c) the processing of your result, reviews; the situation, the result of enforcing methods simplify administrative procedures have been adopted by the authorized or approved.
Article 23. Check the reception, handling, reflection on the administrative regulations 1. Check the reception, handling, reflection on the administrative regulations under the provisions of Decree No. 20/2008/ND-CP dated 14 February 2008 the Government of receiving, processing, reflect the recommendations of individuals, organization of administrative regulations be amended and supplemented by Decree No. 48/2013/ND-CP on May 14, 2013 revised Government , the addition of some articles of the Decree relating to the control of administrative procedures.
2. check the reception, handling, reflection on the administrative regulations according to the contents: a) the publicity Agency, address, postal address or electronic mail, phone number used by the competent authorities receiving reflected recommendations;
b) the process of receiving, processing, reflect the recommendations of individuals, organization of administrative regulations.
Article 24. Check out the work of the media on the operation control of administrative procedures and the implementation modes of information, reporting on the situation, the results of administrative control.
1. check the plan and the process of implementing the communication plan of control of administrative procedures (including the internal communication and through the mass media).

2. Examine, evaluate the adequacy, timeliness, correct implementation of the regime of information, reporting on the situation, the results of control of administrative procedures of the Organization, individuals are tested according to the provisions of article 35 of the Decree 63/2010/ND-CP has been modified, added and chapter II circular 05/2014/TT-BTP.
Chapter III PROCESSED TEST RESULTS article 25. Measures for processing the test results 1. On the basis of test results, test the proposed measures or recommendations, the Agency has jurisdiction to require the Organization, individuals are tested in time to fix those exist, limit, difficulty and execution control of administrative procedures in accordance with the regulations.
2. where the checks detected violations of the law, depending on the level of violation, the test Group is responsible for the report, the Agency has jurisdiction to examine the transfer of results to the Agency, the competent handling as specified.
Article 26. Report on the situation, the results of the latest test concluded after 20 (twenty) working days from the date of receiving the concluding test, organizations, individuals are tested must be reported in writing to the Agency who has the authority to check on the situation, the results of the measures aimed at overcoming the limitations , survive and handle violations are detected during the inspection.
Article 27. Track and report the situation to the test results, the implementation of control procedures 1. End audit, agency, control unit responsible for administrative procedures to monitor, report and urge the agency authority to check on the implementation of measures to overcome these drawbacks, exist, dealing with violations in the implementation of control procedures of the Organization individuals are tested.
2. At the latest in December of every year, the Ministry, the provincial people's Committee, the aggregate test results the implementation of control activities of administrative procedure submitted to the Ministry of Justice, reported the Prime Minister.
Chapter IV Article 28 ENFORCEMENT TERMS. Responsibility 1. Legal organizations of the ministries and agencies, the Department of Justice has a responsibility to help the Ministers, heads of agencies, the provincial people's Committee of the implementation of this circular.
2. Administrative Control Bureau under the Ministry of Justice shall assist the Minister of the justice tracking, urge, general inspection, the difficulties and obstacles in the process of implementation of this circular.
Article 29. Effect 1. This circular has effect from the date of Feb. 15, 2015.
2. In the process of implementing, if there are difficulties and obstacles, the proposal reflects the timeliness of the Ministry of Justice (through the administrative control Bureau) to study additional amendments./.