The Decree 48/2013/nd-Cp: Modifying, Supplementing Some Articles Of The Decree Relating To The Control Of Administrative Procedure

Original Language Title: Nghị định 48/2013/NĐ-CP: Sửa đổi, bổ sung một số điều của các Nghị định liên quan đến kiểm soát thủ tục hành chính

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 DECREE amending and supplementing some articles of the Decree relating to the control of administrative procedure _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on Government Organization Law of 25 December 2001;
Pursuant to the law enacting the legal text on 03 June 2008;
According to the recommendation of the Minister of Justice;
The Government issued the decree amending and supplementing a number of articles of Decree No. 63/2010/ND-CP on 08 June 2010 of the Government on the control of administrative procedures; Decree No. 20/2008/ND-CP dated 14 February 2008 the Government of receiving, processing, reflect the recommendations of individuals, organization of administrative regulations; Decree No. 36/2012/ND-CP dated 18 April 2012 of the Government functions, tasks, powers and organizational structure of ministries, ministerial agencies and Decree No. 55/2010/ND-CP on January 4, 2011 by government functions, tasks, powers and organization of legal organizations.
Article 1. Modify, Supplement, abolish some things, account of Decree 63/2010/ND-CP on 08 June 2010 of the Government on the control of administrative procedure as follows: 1. Amend article 5: "5. Body control unit procedure 1. The Department of Justice helps the Government to unify the management of the work of administrative control.
Administrative control Bureau under the Ministry of Justice staff functions, help the Minister of Justice made the State management of the work of administrative control.
2. legal organizations in ministries, ministerial-level agencies have staff functions, help the Ministers, heads of ministerial agencies implement state management on work control administrative procedures within the industry, the field of management.
Control room administrative procedures in organizing legislation in ministries, ministerial-level agencies have staff functions, helps the head of legal organizations perform administrative control.
3. The Department of Justice Chief function, help people's Committee, the city of centrally managed implementation of State administrative control locally.
Administrative control room in the Justice Department Chief function, help the Director the Justice Department oversee the organizations control administrative procedures.
4. The Minister of Justice specifies functions, tasks, powers and organizational structure of the Department of control of administrative procedures; hosted, in collaboration with the Minister of the Interior instructed about the functions, duties, powers, organizational structure and staffing of the administrative control in the Organization of the Ministry of Legal Affairs, ministerial-level agencies and the Justice Department. "
2. Modify Article 9: "article 9. Join the opinion with respect to the rules of administrative procedures in the project, draft legal text 1. In addition contributed comments about the content of the project, draft legal documents under the provisions of the law on issuing legal text, the following bodies are responsible for comments on content regulation of administrative procedures in the project, draft legal text : a) the Ministry of Justice for an opinion on the administrative procedures prescribed in the project legal text by the Parliament, the National Assembly Standing Committee, the draft legal text in the authority issued by the Government, the Prime Minister;
b) held Ministry legislation, ministerial-level agencies for comments about the administrative procedures prescribed in the draft legal text in the authority issued by Secretary, ministerial heads;
c) Justice Department for comments about the administrative procedures prescribed in the draft legal text under the jurisdiction of the people's Committee issued the directly governed city.
2. content for comments on administrative regulations mainly consider the issues specified in article 7 and article 8 of this Decree.
In case of need, the agencies specified in points a, b and c of Paragraph 1 of this article held agency opinions, relevant organizations and subject to the impact of the regulations on the administrative procedures through consultation, Conference, seminar or form opinions due to the Ministry of Justice issued and posted on the national database on its administrative general comments sent the Agency chaired drafting.
3. The Agency chaired drafting is responsible for research, assimilate, the opinions of the agency involved the opinion provided for in Paragraph 1 of this article. "
3. Amend Paragraph 2 article 10: "article 10. Evaluate the effects of administrative procedure 2. The assessment of the impact of the administrative procedures prescribed in paragraph 1 of this article is made according to the form, by the Minister of Justice issued. "
4. To modify article 11: "article 11. Evaluation rules of administrative procedures 1. In addition to the evaluation of the content of the project, draft legal text, the agency responsible for appraisal appraisal rules of administrative procedures and the content of the evaluation report.
2. Content of the appraisal procedure primarily consider the criteria prescribed in article 10 of this Decree.
3. In addition to the submit profile component evaluation in accordance with the law on issuing legal documents, the agency sent the evaluation must have a impact on the administrative procedure according to the provisions of article 10 of this Decree.
Assessment Agency does not accept resumes sent evaluation if projects, draft legal text contains rules on administrative procedures do not yet have a rating impact on administrative procedure and the Agency's opinions for the opinion provided for in paragraph 1 of article 9 of this Decree. "
5. Modification of the time limit for issuing the decision announced in the article 15: "article 15. The decision announced administrative procedures the decision announced the administrative procedures of the bodies specified in paragraph 1 of article 13 of this decree must be issued at the latest before the 20 (twenty) working days as of the date the legal text contains rules on administrative procedures in effect executed.
The decision announced the administrative procedures of the agencies specified in the clause 2 and 3 of article 13 of this decree must be issued before the latest 5 (five) working days as of the date the legal text contains rules on administrative procedures in effect executed. ".
6. Amend item 2 Article 22: "article 22. Reflect the recommendations of the administrative procedure in the implementation process 2. The Ministry of Justice is responsible for setting up, maintaining the operation of the portal reflects the recommendations, the results solve of administrative procedures on the basis of data on administrative procedures and celebrated personal opinions, held about the administrative procedures prescribed in the project , draft legal texts by the Agency chairing the editor send comments according to the provisions in paragraph 2 of article 9 of this Decree. "
7. Repeal Clause 5 Article 29.
8. Amend paragraph 4 to article 30: "article 30. Your plan, reviews 4. On the basis of the direction of the Government, the Prime Minister and request that the administrative procedure reform, the Ministry of Justice building plan review and the focus, the Prime Minister's approval. "
9. Amendments, supplements article 31: "article 31. Handle your results, reviews 1. On the basis of your results, reviews administrative procedures, the provincial people's Committee, the central cities to modify, Supplement, replace, cancel or annul administrative procedures according to the authority; recommended ministries, ministerial agencies consider, handle your results, reviews administrative procedures, the Department's management functions, ministerial-level agencies.
2. On the basis of your results, the evaluation procedures of the ministerial bodies, and the Commission's proposal to the people of the province, central cities, Ministers, heads of ministerial authority to modify, Supplement, replace, cancel or repeal by authority or pooling option modification Supplement, replace, cancel or annul administrative procedures, the relevant provisions in the scope of the authority of Government, the Prime Minister, sent the Department of justice review, reviews before submission to the Government, the Prime Minister.
Profile send a Justice Ministry review, reviews, including:-draft documents;
-Text draft approval to simplify administrative procedures;
-Report your results by the Ministry, ministerial bodies;
-Report your results of the people's Committee of the central cities, and of the agencies attached to the options that simplify administrative procedures has been Chairman of the provincial people's Committee, the city in Central or heads of approval (if applicable).
Ministries, ministerial-level agencies responsible for research, acquiring, explanation of comments considered, the assessment of the Ministry of Justice about the option to modify, Supplement, replace, cancel or annul administrative procedures, the relevant provisions in the scope of the authority of Government, the Prime Minister.
3. The Ministry of Justice is responsible for the track, urging, check out the Ministry, ministerial-level agencies, provincial people's Committee, the central cities make approval decisions to modify, Supplement, replace, cancel or annul administrative procedures, the relevant provisions of the Government , The Prime Minister. "
10. Amendment to article 35: "article 35. Information mode, report 1. Ministries, ministerial agencies, people's committees of provinces and cities under central for six months, the Department of Justice report on the situation and the results of the control activities of the administrative procedure, local branches or report as required.
2. The Ministry of Justice is responsible for General Government reports, Prime Minister about the situation, the results of the control operations of The administration procedures, ministerial-level agencies, provincial people's Committee, the central cities of recurring or irregular reports as requested by the Government of , The Prime Minister.
3. The content of periodic reports: a) the resulting situation, control the rules of administrative procedure, which stated the total number of administrative procedures are evaluated and the impact of the legal text of the provisions of the administrative procedure is issued in the reporting period;
b) situation, results and the number of administrative procedures are published; the situation openly and updated procedures on the basis of national data on administrative procedures;

c) situation, the results of administrative procedures at the agency or local, which stated the reward, treat public servants violate the regulations on control of the implementation of administrative procedures (if any);
d) reviewing, simplifying administrative procedures (if any);
DD) obstacles and difficulties in the process of implementing control procedures (if any);
e) situation, the result of receiving and processing results reflect the recommendations of the administrative procedures;
g) communications work in support of operation control procedures;
h) other content at the request of the Ministry of Justice or under the direction of the Prime Minister.
4. The Ministry of Justice building the report template specified in Paragraph 3 of this article and the guidelines.
5. the results of the control activities, administrative procedures must be timely, truthful information and regular news page on administrative procedures of the Ministry of Justice and the mass media. "
11. additional Article 35a: "article 35a. Check the active implementation of control procedures 1. Check the active implementation of control procedures are done yearly or recurring irregularly within the following responsibilities: a) the Bureau of control procedures help the Minister of Justice checks the active implementation of control procedures at the Ministry , ministerial-level agencies, provincial people's Committee, the central cities;
b) held Ministry legislation, ministerial bodies help the Minister, heads to check the implementation of operational control procedures at the service, Bureau, subdivisions;
c) Justice Department helps provincial people's Committee, the central cities to check the implementation of control activities administrative procedures at Headquarters, departments, committees, districts, cities, towns and villages in the province and the people's committees of communes, wards and towns.
2. content check, include: a) the direction, administration and implementation activities to control administrative procedures;
b) control work rules of administrative procedures in the project, draft legal text;
c) control the implementation work administrative procedures;
d) reviewing, reviews administrative procedures;
DD) task of receiving, processing, reflect the recommendations of individuals, organization of administrative regulations;
e) other content at the request of the Ministry of Justice. "
12. The other amendments: a) replace the phrase "Government Office" by the phrase "Ministry of Justice" in paragraph 1 to article 26, paragraph 2 Article 36;
b) replace the phrase "agency administrative control" by the phrase "Ministry of Justice" in article 24, paragraph 3 article 27, paragraph 3 Article 30;
c) Edit the phrase "agency administrative control" by the phrase "Department of control of administrative procedure" in clause 2 Article 26;
d) Removing the phrase "and the agency administrative control" in paragraph 3 to article 29.
Article 2. Amending some articles 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 as follows: 1. Replace the phrase "Government Office" by the phrase "Ministry of Justice" in paragraph 1 article 8 Article 13, paragraph 1, article 20, article 26; remove the phrase "Government Office in paragraph 4 to article 13.
Replace the phrase "Minister, Chairman of the Government Office" by the phrase "Minister of Justice" in article 17.
Replace the phrase "Office of the Ministerial organs," by the phrase "legal organization of ministries, ministerial agencies" in clause 2 article 8.
Replace the phrase "people's Committee Office, central cities" by the phrase "Department of Justice" in paragraph 3 article 8.
2. Modify Article 22: "article 22. Info mode the info mode report reports on the situation and the results of the reception, handling, reflection on the administrative regulations of ministries, ministerial agencies and provincial people's committees are made according to the provisions of article 35 of Decree 63/2010/ND-CP on 08 June 2010 of the Government on the control of administrative procedures (have been amendment in paragraph 10 article 1 of this Decree). "article 3. Additional amendments clause 1 article 17 of Decree No. 36/2012/ND-CP dated 18 April 2012 of the Government functions, tasks, powers and organizational structure of ministries, ministerial agencies, as follows: "article 17. The Office 1. The Office is organized in sets, perform the function of general staff plans, programs and activities of the service; to help the Secretary General, the track, urging the organizations, units of The program implementation, the Department's work plan has already been approved. "article 4. Modifying, supplementing a number of articles of Decree No. 55/2010/ND-CP on January 4, 2011 by government functions, tasks, powers and organization of legal organizations as follows: 1. additional Account 3a in article 3: "article 3. The mission, the Organization's legal rights in the The Ministerial authority, 3a. About the work of control procedures: hosted, in cooperation with the relevant units to help the Ministers, heads of ministerial agencies control the administrative procedures within the industry, the administration area under the provisions of the law. "
2. additional Paragraph 3a to article 5: "5. The duties and powers of legal institutions in General and equivalent, the Ministry Bureau Ministerial authority, 3a. About the work of control procedures: hosted help General Director, Director of Legal Affairs in collaboration with the ministries, ministerial agencies control the administrative procedures prescribed by law. "
3. additional Paragraph 3a to article 6: "article 6. The mission, the Organization's legal rights in the specialized agencies in the provincial people's Committee. About the work of control procedures: a) chairing help heads in coordination with the Department of Justice controls the administrative procedures prescribed by law;
b) build reports on the situation and the results of the control activities in administrative procedures, the agency heads to send the Justice Department report, General People's Committee of province level. "article 5. Terms of implementation 1. The Decree has effect from 1 July 2013.
2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities, organizations and individuals concerned is responsible for the implementation of this Decree.