Circular 11/2014/tt-Bct: Active Control Rules On Administrative Procedures In The Field Of Management Of The State Of The Industry

Original Language Title: Thông tư 11/2014/TT-BCT: Quy định về hoạt động kiểm soát thủ tục hành chính trong lĩnh vực quản lý nhà nước của Bộ Công thương

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
MINISTRY OF COMMERCE
Number: 11 /2014/TT-BCT
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, March 24, 2014

IT ' S SMART

The regulation of administrative control activity in the field of state management of the Ministry of Public Health. g

____________________________

Base of Protocol 95 /2012/NĐ-CP November 12, 2012 the Government regulates the functions, duties, powers, and organizational structure of the Ministry of Commerce;

Base of Protocol 20 /2008/NĐ-CP February 14, 2008 of the Government on the receiving, reflection of the reflection, the petition of the individual, the organization of administrative regulation relating to business activity, the life of the people;

Base of Protocol 63 /2010/NĐ-CP June 8, 2010 by the Government on the control of administrative procedures;

Base of Protocol 55 /2011/NĐ-CP July 4, 2011 the Government regulates the function, duties, powers, and organization of the organization's apparatus;

Base of Protocol 48 /2013/NĐ-CP May 14, 2013 of the Government amended, complements some of the provisions of the decrees concerning the control of administrative procedures;

Implementation of Resolution 30c/NQ-CP on 8 November 2011 by the Government enacted the General Program on Administrative Reform;

On the recommendation of the Chief Justice of the Law,

The Minister of Public Works of the Ministry of Commerce provides provisions for administrative control of administrative procedures in the area of state management of the Ministry of Commerce.

Chapter I

COMMON RULES

What? 1. The tuning range and subject apply

1. This information regulates the administrative control operation in areas of the state management of the Ministry of Commerce (later known as the Industry of Industry), including: control of the issuing of administrative procedures; control of the implementation of the Ministry of Commerce. the administrative procedure; handling, reflecting the petition of administrative regulation in the field of commerce; sweep, evaluation of administrative procedures in the field of commerce.

2. This information applies to local units, the Department of Commerce; agencies, units, individuals who perform administrative procedures in the field of commerce; organization, other individuals are involved in the operation of administrative procedures.

What? 2. Principles of Administrative Procedal Control in the Field of Commerce

1. Implemenation of the goal of reforming the administrative procedure in the field of commerce.

2. Make sure the procedure of public administrative procedure, simplicity, ease of understanding, ease of execution; saving time, cost, the work of the object and the body of execution of administrative procedures; in time of the elimination of inappropriate, complex, annoying administrative procedures.

Chapter II

CONTROL OF ADMINISTRATIVE PROCEDURE

What? 3. Administrative procedures of administrative procedure in the planning process of building the rule of law.

1. In addition to implementing regulation at Article 5 Digital 22 /2011/TT-BCT May 31, 2011, of the Minister of Commerce Regulation on the construction, appraisal and promulgation of the Code of Commerce of the Ministry of Commerce (later known as Digital Notice). 22 /2011/TT-BCT), Prior to the registration of the Ministry's Law-Violation Text Construction Program, the registered units were responsible for implementing the addition of the following activities to serve as the basis for the proposal to build a text containing the administrative procedure:

a) For the proposal to build new text; the study of the number, form and implementation of the implementation of each administrative procedure, which envisage the number of objects affected by the administrative procedure that will be specified in the text;

b) For the proposed revision of the revised text, the implementation of the current text: the effective assessment of the implementation of the implementation of existing administrative procedures in the proposed amendments to the proposed legislation, complematuation in accordance with the objectives, requirements, etc. sphere, the context of state management at the time of the writing of the text and the time of modification, supplements. In the case of the revised text, the addition of no amendments to the administrative procedure does not need to implement regulation at this paragraph.

2. When the proposal to build a law-rule text that rules the administrative procedure by regulation at Article 6 and Article 7 of the Digital 22 /2011/TT-BCT, The additional units with additional responsibility in the theory of the proposal to construct the text of the content of the content, the necessity, the expected quantity, the form, the method of execution of administrative procedures. The proposed building case is the revised text, the addition of the existing text, which is only compelling for the revised content of administrative procedures.

Example:

a) The case of the new issued text:

In addition to the need for a written release due to the implementation of the Law, based on the actual situation of state management in the industry, the sector, the need to build a Protocol A. In that, Decree A is expected to have administrative procedures in seven state management content in the country. There is a procedure in the form of licensing and the same paper as a license (certificate of qualified, quota ...), 3 procedures in the form of a registered registration, 3 procedures in the form of notification. The method of implementation includes filing directly or via post or online mail, the number of objects expected to affect 300 businesses, organizations, and individuals.

b) The case of the revised issued text, the addition of the current text:

Protocol B will modify, add Protocol A to the X content in which it is related to the revision of the 01 or some administrative procedures as follows: ... (It is only necessary to convince the administrative procedures at Decree B to implement the modified X content, the addition of the A Protocol which is not convinced for other procedures being prescribed by the A).

3. The French case is responsible for examining the content associated with administrative control under the regulation at paragraph 2 This. The investigation was carried out during the process of questioning the proposed building of the law by regulation at Article 8 of the Census. 22 /2011/TT-BCT.

What? 4. Control of administrative procedures during the drafting process, the text appraisal of law rules.

1. In the process of drafting the rule of law, the presiding units that drafted the rule of law have the responsibility to take the opinion, evaluate the impact, send the appraisal appraisal under the regulation at the Digital Protocol. 63 /2010/NĐ-CP June 8, 2010 by the Government on Administrative Procedal Control (then called the Digital Protocol). 63 /2010/NĐ-CP), Number Protocol 48 /2013/NĐ-CP May 14, 2013 of the Government amended, complements some of the provisions of the decrees relating to administrative procedure control (the following call the Digital Protocol). 48 /2013/NĐ-CP), Digital 22 /2011/TT-BCT and Digital News 13 /2013/TT-BCT July 9, 2013 amendment, adding some of the provisions of the Digital Information 22 /2011/TT-BCT (later called Private 13 /2013/TT-BCT).

2. The presiding French case, in collaboration with the organization of the drafting of the organization of the organization, takes its own opinion on the content that rules the administrative procedure under the appropriate forms (consultation, conference, workshop, negotiation, written etc.) in the following circumstances:

a) The text content has a wide variety of opinions on the necessity, the form of administrative procedure, the manner of regulation that is relevant to the relationship between the central and local or more ministries, the industry;

b) The procedure content has large compliance costs but the review has not yet been fully evaluated, comprehenfully.

Chapter III

CONTROL OF EXECUTION OF ADMINISTRATIVE PROCEDURE

Item 1

PUBLISH, LIST OF ADMINISTRATIVE PROCEDURES

What? 5. Administrative Procedenate

1. The administrative procedures must be published by the Ministry of Commerce including procedures that have been stipulated in the Law, Ordination, Decree, Decision of the Prime Minister issued by the Ministry of Industry to be entrusted with the drafting of the Minister of Commerce, Information of the Minister of Commerce, Information Union between ministries and Ministry of Commerce.

2. The publication of the administrative procedure is done through the Decision to announce the administrative procedure of the Minister of Industry.

3. Conditions, scope, form, content and sequence, the procedure issued the decision to announce the execution of the executive procedure in accordance with the provisions of the Minister of Justice.

4. The French case is publicly responsible for the decision to announce the administrative procedure on the ministry ' s http://kstthc.moit.gov.vn website and send it to the agencies, the unit involved.

What? 6.

1. Range, request, the way to publicly list the administrative procedures under the provisions of the Minister of Justice.

2. The units of the Ministry are functional to resolve the administrative procedures for the organization, the individual has the responsibility of publicly listed these procedures by regulation.

3. The French case is responsible for guidance, inspection, and the administration of the units in the public listing of the administrative procedure.

Item 2

CHECK OUT THE EXECUTION OF ADMINISTRATIVE PROCEDURES IN THE FIELD OF COMMERCE

What? 7. The principle of career inspection execution of administrative procedure

1. An audit of a career of carrying out administrative procedures in the field of Labor must ensure a serious implementation of the provisions of the law; rights, legal interests of the organization, individual; support of units in the Industry and the relevant units. Well, it ' s a good idea of regulation of regulation at paragraph 11 Article 1 of the Digital Protocol. 48 /2013/NĐ-CP.

2. The inspection of a business is carried out under the annual Career Test Plan due to the proposed legislation, or a breakthrough test by the direction of the Leader of the Department.

What? 8. Content and the way of a career test execution of administrative procedure

1. A career check content implementation of the administrative procedure consists of:

a) Executive directing;

b) Statistical activities, published administrative procedures under the rule of law on administrative procedure control;

c) The listing activity, which is open to administrative procedures under the rule of law and in this Information;

d) Operation the administrative procedure for the organization, individual pursuits to the rule of law;

The work of the following, the processing of reflection, the petition for administrative regulation;

e) Other activities related to administrative procedure control.

2. The way of a career test execution of administrative procedure includes:

a) periodic checks or mutations;

b) the cage in the process of execution of the rule of law;

c) The cage is in the process of tracking law enforcement.

What? 9. Charge of a career test execution of administrative procedure

1. The responsibility of the French case:

a) The Chair proposes a Career inspection Plan for the implementation of the annual administrative procedure in accordance with Article 8 of this Information program the Leader of the Board;

b) The organization examines the implementation of the administrative procedure in the field of Labor under the rule of law;

c) Coordination, the foreman of units in the field examination of the execution of administrative procedures in the field of commerce;

d) Report the Department of the Ministry and propose a measure of test results;

) periodically, the construction of a career test job report performed the administrative procedure in the field of Commerce sent by the authority of the competent authorities.

2. The responsibility of the units of the ministry:

a) Watch the implementation of the administrative procedure during the construction process, enacted, examining the implementation of the provisions of the law in accordance with the regulation of point b and point 2 Article 8 This Information;

b) Coordinate, report the ministry (through the French case) the situation performs administrative procedures, difficulties, entanging (if any).

Chapter IV

REFLECTION PROCESSING, PETITION FOR ADMINISTRATIVE REGULATION IN THE FIELD OF COMMERCE

What? 10. The reception to reflect, the petition

1. The French case is the beginning of a reflection, the individual's petition, the organization of administrative regulation within the state management of the Ministry of Commerce.

2. Address of reflection, petition:

The French case, the number 54, the Two, the Sword, the Hanoi.

Emai: kstthc@moit.gov.vn

Website: http://kstthc.moit.gov.vn

The hotline number was posted on the website.

What? 11. The approach to reflection, the petition

1. Refleonation, text petition:

The Department Office (Administrative Office-Office of the Office) took over the reflection, petition and transfer to the French case for classification, handling.

2. Refler, petition over the phone:

In the form of reflection, this petition must be made through the number of hotlines posted on the website (http://kstthc.moit.gov.vn). Telephone recepts require individuals, organizations to reconfirm reflection, text or electronic data.

3. Refler, petition by electronic data:

Reflecting, the petition using personal electronic data, the organization sends through the kstthc@moit.gov.vn email box or via the online support system, the reflection, the http://kstthc.moit.gov.vn petition and will be printed as a text.

4. Reflexation, petitions through coupons or arguments, speech opinions (whose name, workplace, work) at the workshop, conference regarding administrative regulation, administrative procedures in the field of Trade are considered to be the objections of the public sector. light, the valid petition of the organization, the individual of administrative regulation, the administrative procedure in the field of commerce.

5. The French case, in conjunction with the relevant units, organizes the organization's opinion, personally, on the job of the Minister of Commerce.

What? 12. Subversion of reflection, petitions

1. The case reflects, the petition does not respond to a request for regulation at Article 11 of this, the French-related case, the organization to guide the implementation of the reflection, the petition in accordance with the rules.

2. The case of reflection, the petition response petition, the French case conducts the study of reflection, petition or contact with the individual, the organization to clarify the relevant information.

What? 13. Reflective processing, petitions

On the basis of the research and clarify the relevant information, the Legal Case is responsible:

1. For reflection, the petition for delayed, disturbing or non-execution behavior, does not implement the administrative regulation of state administrative agencies, of the Ministry of Commerce, in the time of 3 (three) days of work since the date of receiving an order. reflect, the petition, the French case that turns reflection, the petition to the agency, the unit that is reflected, the petition or the agency, the direct unit that manages the public whose behavior is reflected, the petition for processing under the rule of law and the request to report the Secretary. results of processing in a particular deadline.

2. For reflection, the petition for the administrative regulation content.

a) Reflemated, the petition for the regulation of administrative regulation is not of the executive authority of the Ministry of Commerce, the French case guided by the organization, the individual sending reflection, that petition to the relevant authorities.

b) The text of reflection, the petition for administrative regulation of the executive authority of the Ministry of Commerce: The French case which reflects reflection, petition to the agency, the unit tasked with helping the Ministry to draft administrative regulation to study processing and request the report. recharges of processing results in the period 05 (five) days of work since the date of the adoption of the petition. For the reflection, the petition on this time-to-date online information system is 03 (three) working day since the date of reflection, the petition.

c) For the reflection, the complex petition takes a lot of time to verify, study, this term is 10 (ten) days of work from the date of reflection, the petition.

d) The French case reported that the Leader of the Department for presiding over a number of reflection, the petition for the regulation of administrative procedures had a major impact on business activity and people's life, or had been dealt with but personally, the organization continued to petition.

3. When receiving the text of the reflection, the petition of the French Case, the units of the Ministry are responsible for reviewing the correct treatment of the law, report the Minister to the Handling Results in the statute of limitations simultaneously sent to the Legal Affair to announce the results. Personal, organizational, reflection.

What? 14. London governors, check out the reflection, the petition

The French case is responsible for tracking, the governor, examining the handling of the reflection, the petition of the units of the ministry; in time of reporting and staff to the Minister of measures needed to move the discipline, the administrative discipline in the handling of reflection, knowledge. Personal, organized.

What? 15. Public processing results in reflection, petitions

The French case presided over, in coordination with the relevant units that publicly results in a reflection of the reflection, the petition of the individual, the organization of the prescribed administrative regulation at Article 19 of the Digital Protocol. 20 /2008/NĐ-CP February 14, 2008 on reception, reflection processing, personal petition, organization of administrative regulation.

Chapter V.

REVIEW, ASSESSMENT OF ADMINISTRATIVE PROCEDURES IN THE FIELD OF COMMERCE

What? 16. The category of administrative procedures in the field of Commerce

1. The French case is responsible for statistical responsibility, with a full set of administrative procedures, regulations relating to administrative procedures in the field of Trade as the basis for the sweep, assessment of administrative procedures.

2. Statistics, the set of administrative procedures is conducted 1 time/year after the end of the Ministry of Commerce ' s annual Code of Statute Statute.

3. After taking the opinion of the entities with the implementation of the administrative procedure, the General Legislation Case, the Department of the Department of the Department of the Decision to announce the publication of the annual administrative procedure in the field of Trade and Post-up on the website http://kstthc.moit.gov.vn.

What? 17. The sweep plan, assessment of administrative procedures

1. The base of planning a sweep, assessment of administrative procedures

a) The commander of the Government, the Prime Minister;

b) The focus plan is approved by the Prime Minister.

c) The work program, the annual administrative reform of the Ministry and the direction of the Leader of the Ministry;

d) Refleonation, the personal petition, the organization of administrative procedures.

2. The plan content must specify a clear administrative procedure that needs to sweep, evaluate, unit execution, time of execution, base of choice.

3. On the basis of regulation at paragraph 1, 2 This, the five French cases are responsible for the construction of the Planning Leadership sweeping plan, enacted.

What? 18. Content, way, review results

1. The sweep content is made according to the specific regulation of the Minister of Justice.

2. Way of a sweep:

a) The French case of deploying a search through independent review;

b) The units of the ministry are responsible for controlling administrative procedures relating to function, their duties assigned in the Search Plan, to submit results to the General Legislation Case.

c) The French case is responsible for the completeup, the right of the information provided in the process of self-scanning; the unit of the Department is responsible for the completeup, the right of the information provided during the sweep under the assignment, ensuring the timing. I mean, check out the plan.

3. The French case is responsible for aggreging the results of the administrative procedure in the field of Commerce, reports the Leader of the Department, reports the relevant authorities.

In the process of reviewing the results of the sweep or feedback of the relevant agencies, the French case can conduct independent review of the search results through the conference, the conference, taking on the opinions of the affected subjects, the survey, hiring expert consultants. Set up

4. The sweep result is one of the main facilities for a simplification of administrative procedures in the field of Commerce.

Chapter VI

THE CO-ORDINATED MECHANISM PERFORMS ADMINISTRATIVE PROCEDURE CONTROL IN THE FIELD OF COMMERCE.

What? 19. The first public system of public relations controls the administrative control of the Ministry of Commerce.

1. The Ministry of Commerce establishes the first public system of public procedure control over the administrative procedure in relevant units.

2. The preparation of the presiding officer, in coordination with the agencies, the unit that is linked to the list of key public officials, the decision minister.

3. The head of the entity that carried out the administrative control of the Ministry of Commerce included:

a) Leadership, civil service,

b) For the Bureau, the General Administration of the Bureau, the equivalent level leader of the General Office in charge of administrative procedure control; the public is assigned to carry out the task of controlling administrative procedures;

c) For cases: Leadership in charge of administrative control of administrative procedures; civil service in the administrative, aggregable, or direct administrative department law enforcement of law with administrative procedures.

What? 20. The mission, the support mechanism for the head public implementation of the administrative procedure control operation.

1. The first public implementation of the administrative procedure control operation has the following tasks:

a) Make the publication, listing the administrative procedure in accordance with the rule of law;

b) Take on, process reflection, petition in accordance with the rule of law;

c) The presided over the sweep of the administrative procedure of the function, the task of its unit under the Sweep Plan issued by the Minister of Labor;

d. In general, the report follows the regulation of the administrative control over the administrative procedure of its unit at the request of the Law of France.

2. The mechanism of support for the head of the Ministry of Commerce

a) A year of popular participation, the practice of controlling the administrative procedure by the Ministry of the Organization.

b) Monthly is supported by 600,000 copper (six hundred thousand bronze) regulations at No. 167 /2012/TT-BTC October 10, 2012 by the Minister of Finance for the establishment of the bill, management and use of the funding implementation of administrative procedure control activities. The funding source is in accordance with the current regulation.

What? 21. Directed by directing, coordination in administrative procedure control

1. Minister of Ministry of Trade Uniform to direct administrative control of the administrative procedure at the Ministry of Commerce.

2. The French case is responsible to the Minister of Public Trade on the control of administrative procedures in the field of Commerce.

3. The co-ordination of the implementation of administrative procedure control in the field of Trade is done through:

a) The leading public system implementation of administrative procedure control;

b) Professional guidance, legal work inspection, a career in controlling the administrative procedures of the Law on the Law of the General, Bureau and Department of Trade under the rule of law;

c) The common practice, training, feedback, recommendations for administrative procedures, administrative regulation from the institution of the law, who works the legislation of state-owned enterprises under state management of the Ministry of Commerce.

What? 22. The responsibility of the units of the Ministry, the Department of Commerce and the Agency, the unit, the individual performs administrative procedures in the field of Commerce

1. The Prime Minister of the Ministry of Relevant Affairs is responsible to the Minister for the task of examining the administrative procedure of its unit.

2. Director of the Provincial Trade Department, the Central City of the Central Committee is responsible to the Chairman of the Provincial People 's Committee, before the Minister of Trade in Public Affairs control of the Department' s administrative procedures.

3. Agency, units, individuals who perform administrative procedures in the field of the Duke of Merit are accountable to the competent authorities.

4. The Department of Trade of the Provinces, the Central City of the Central Committee, is responsible for gathering, sending the Ministry of Commerce (Legal Affairs) of the list of leading public entities that carry out administrative control over administrative procedures.

What? 23. Khen reward and handling responsibility

1. The implementation of the regulation of administrative procedure control is one of the bases of evaluation, test competition, annual commendation for the individual, unit of the ministry.

2. The base on the results of the implementation of the administrative procedure control work, the Lawsuit of the Presiding Officer, in coordination with the Race-Khen award and the relevant units consider the Leader of the Praise for the collective and individual with exceptional achievements. It is in the control of administrative control.

3. The unit assigned to the executive drafting of the law of the rule of law is not subject to the competition, commendation of the year when there are over 50% of the text compiled by that unit presiding over the Code of Statute Statute of the procedure. It is the primary, but does not execute the administrative procedure and slow the administrative procedure from 1 (one) months or more without the correct reason.

4. The French case is not considered racing, commendable in the year when more than 50% of the text is being appointed without the assessment of administrative procedures.

Chapter VII.

THE ORGANIZATION.

What? 24. The guarantee budget for administrative procedure control operation

1. The Financial Case is responsible for implementing the allocation of funds from the state budget for the Department's annual administrative procedure control operation.

2. This funding has not included the funding of implementing the Prescribed Scheme by the Government, the Prime Minister.

3. The French case is responsible for a detailed accounting of the Office of the Department and the use of funding under the financial regime, ensuring sufficient evidence from the legal, valid under the current regulations.

What? 25.

1. Leader of the Ministry, the Minister of Units of the Ministry and the organizations, the individual is involved in the responsibility of this practice.

2. The French case is responsible for guidance, tracking, the governor, examining the implementation of this Information.

What? 26.

This announcement came into effect from May 8, 2014 and abolished the 4146 /QĐ-BCT Decision on August 17, 2011 enacted Regulation, reflection handling, personal petition, organization on the administrative regulations of the Ministry of Commerce, Decision and Decisions. 5515 /QĐ-BCT on 24 October 2011 enacted Statistical Coordination Regulation, announced, publicly the administrative procedure of the Ministry of Commerce ./.

KT. MINISTER.
Chief.

(signed)

Your Majesty.