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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THE GOVERNMENT.
Numbers: 48 /2013/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, May 14, 2013

DECREE

S trade, the addition of some of the things N Shit. related to the control of administrative procedures

________________________

Government Law Base on 25 May. Ah! 12 years 200 1 ()

The Law of the Executive Committee rules the law. Oh. y 03 June 2008;

On the recommendation of the Minister of Justice ()

The government issued the revised decree, added a s. Stain. The Protocol of Decree 63/20. 1 0/ND-CP August 08 Ah! A 6-year 2010 by Ch I'm The government has control over the procedure. I'm And the decree is Stain. 20 /2008/NĐ-CP 14th Ah! 02 in 2008 of Ch I'm The government is on the receiving end. Why? response Ah! The petition of the Ah! By the way socket in terms of administrative regulation; s decree s Stain. 36 /2012/NĐ-CP April 18, 20 1 2 of Ch I'm The government rules the functions, duties, powers, and organizational structure of the Ministry, the peer-to-peer authority and the Decree. Stain. 55/20 11 /ND-CP on 4 th Ah! The 7-year 2011 Government rules for functions, duties, powers and t. socket Ministry m Ah! It's the law of the law. Yeah.

What? 1. Amendment, supplement, repeal some of the provisions, paragraph of the Digital Protocol 63 /2010/NĐ-CP June 8, 2010 the Government on Administrative Control is as follows:

1. Edit socket Article 5:

" Article 5. Agency, the unit controls the administrative procedure.

1. The Ministry of Justice helped the Government to unify the state on administrative control of administrative procedures.

The Chief Administrative Control Department of the Ministry of Justice has a staff function, which helps the Minister of Justice to implement state administration on administrative control of administrative procedures.

2. The legal organization in the ministry, the peer-to-peer authority, helps the minister, the head of the body, to the head of the state, to implement the state management of the administrative control of administrative procedures within the sector, the field of management.

The Administrative Control Office of the Legal Organization in the Ministry, the peer-to-peer authority, helps the head of the Organization to implement the control of administrative procedures.

3. The Department of Justice has a staff function, which helps the Provincial People's Committee, the Central City of the Central Committee to implement state management of the local administrative control work.

The Administrative Control Office of the Department of Justice has the functions of staff, helping the Director of the Department of Justice to organize the execution of administrative control.

4. The Minister of Justice specifically regulates the function, duties, powers, and organizational structure of the Administrative Procedal Control Authority; presiding, in coordination with the Minister of Internal Affairs guidance on functions, duties, powers, organizational structure and the payroll of the Chamber of Control. The main administrative procedure under T socket The Ministry of Justice, the Ministry of Justice and the Department of Justice. "

2. Modify Article 9:

" Article 9. Participation in the opinion on the regulation of administrative procedures in the project, the draft text draft law.

1. In addition to participating in the opinion of the project content, the draft text rules the law by law. l The following is responsible for the idea of the provision of administrative procedures on the project, the draft of the law of law:

a) The Ministry of Justice for the opinion of the prescribed administrative procedure in the bill of law-breaking legislation led by the Government of the National Assembly, the Standing Committee of the National Assembly, the draft text of the rule of the rule of the world Move. The government's executive power, the Prime Minister.

b) The institution of the French Ministry, the peer-to-peer authority for the opinion of the prescribed administrative procedure in the draft legislation of the rule of law under the jurisdiction of the Minister, the Minister of the Equal Authority;

c) The Department of Justice for the opinion of the administrative procedure stipulated in the draft legislation of the legislation under the jurisdiction of the Provincial People's Committee, the Central City of the Central Committee.

2. Content for the opinion of the regulation of the administrative action What? u consider the issues prescribed at Article 7 and Article 8 of this Decree.

In school. p required, regulatory agencies at points a, b and c 1 This is t ... socket Taking the agency's opinion, the relevant organization and the subject is subject to the impact of the regulation of administrative procedures through consultation, conference, workshop, or opinion taken by the Ministry of Justice issued by the Ministry of Justice and posted on the National Database of Action. It's for socket The idea of sending the editor-in-law.

3. The presiding officer is responsible for the research, the reception, the consultation of the participants of the opinion involved in Article 1 of this Article. "

3. Edit paragraph 2 Article 10:

" Article 10. Assessment of the action of administrative procedure

2. The evaluation of the impact of the prescribed administrative procedure at Clause 1 This is done in a form issued by the Minister of Justice. "

4. Edit Article 11:

" Article 11. Appraisal appraisal of administrative procedures

1. In addition to the appraisal of the project, the draft text of the law, the appraisal authority is responsible for the appraisal of the administrative procedure and the expression of this content in the appraisal report.

2. The administrative content of the administrative procedure is primarily considering the criteria for regulation at Article 10 of this decree.

3. In addition to the specified deposit profile component of the legislation on enacted v What? The copyright law, the statutory authority must have an impact assessment of the administrative procedure under the provisions of Article 10 of this decree.

The appraisal agency does not accept the filing of the appraisal if the project, the draft law of the rule of law with the provisions of the administrative procedure, has not yet had an impact assessment of the administrative procedures and opinions of the body for the specified opinion at Clause 1 Article 9. of this decree. "

5. Amendments to the deadline for the decision to publish at Article 15:

" Article 15. The decision to announce the administrative procedure

The decision to announce the administrative procedure of the regulatory bodies at Clause 1 Article 13 of this decree must be issued the slowest before 20 (twenty) days of work as of the date of the rule of law that rules the law of enforced execution. Go.

The decision to announce the administrative procedures of the regulatory bodies at the 2 and 3 Articles 13 of this decree must be issued slowest by the time of 5 (five) days of employment as of the date of the rule of law that rules the administrative procedure in effect. ".".

6. Edit paragraph 2 Article 22:

" 22. Reflection, the petition for administrative procedure in the course of execution

2. The Justice Department is responsible for setting up, maintaining the operation of the portal, the petition, the resolution of the action on the administrative procedure on the National Database of Administrative Procedulants and the organization of the organization for personal opinion, the organization of administrative procedures. The policy stipulated in the project, the draft law-based document drafted by the presiding officer. What? to the provisions at paragraph 2 Article 9 of this decree. "

7. Repel 5 Articles 29.

8. Edit paragraph 4 Article 30:

" Article 30. Plan to sweep, evaluate

4. On the basis of the Government ' s direction, the Prime Minister and the request for reform of administrative procedures, the Justice Department builds a focus sweeping plan, the Prime Minister. Oh. The Government Approx. "

9. Modify, add Article 31:

" Article 31. Handling sweep results, assessment

1. On the in The result of the review, the administrative review, the Provincial People's Committee, the Central Committee of the Central Committee, the amendment, the addition, the h ... commission remove or abolish the administrative procedure under jurisdiction; recommend the ministries, the peer review review, handle the sweep results, evaluate the scope of the extent, the ministry's management function, the peer-to-peer agency.

2. On the basis of a sweeping outcome, assessment of the ministry 's administrative procedure, the peer-to-peer agency and the recommendation of the Provincial People' s Committee, the Central City of Central, the Minister, the Secretary of the Department on the equal of the Ministry of Commerce socket i, complementary, substitution, h commission remove or repel the jurisdiction or aggregation of the revised, complementary, substitution, cancellation or abolition of administrative procedures, relevant regulations within the jurisdiction of the Government, the Prime Minister, send the Ministry of Justice to review, evaluate before the government. Government, Prime Minister.

File for Department of Justice review, assessment i Well, it's ...

- Draft bill;

- The draft text approx simplification of administrative procedure;

- Report the search results of the Ministry, the peer-to-peer review;

- The report results in the review of the Provincial People's Committee, the Central City of the Central Committee, and of the agencies accompanying the simplification of the administrative procedure that had been approved by the Chairman of the Provincial People's Committee, Central City, or the Prime Minister. Browse (if any).

The ministry, the peer-to-peer agency that is responsible for research, proceeds, the review of the review, assessment of the Ministry of Justice on the revised, complementary, alternative, cancellation or abolition of administrative procedures, the relevant regulations within the jurisdiction of the Government, The Prime Minister.

3. The Ministry of Justice is responsible for tracking, the governor, inspection of ministries, peer agencies, the Provincial People ' s Committee, the Central Committee of the Central Committee to implement the decision to approve the revised, complementary, alternative, cancel or repeal of administrative procedures, regulations. The government's relevant government, the Prime Minister. "

10. Edit Article 35:

" Article 35. Information mode, report

1. The ministries, peer agencies, the Provincial People's Committee, the Central Committee of the Central Committee periodically reporting the Ministry of Justice on the situation and the results of carrying out operational control of the ministry, the industry, the local sector, or the report on the request of a breakthrough.

2. The Justice Department is responsible for aggreging the Government report, the Prime Minister on the situation, the results of carrying out the operational control of the administrative procedures of the ministries, the peer agency, the Provincial People ' s Committee, the Central City-based city either periodically or reported. You know, there's a break when you have the Government's request, the Prime Minister.

3. Periodic report content:

a) I What? Figure, the results of the regulatory control over administrative procedure, which specifies the total number of administrative procedures evaluated and the total number of documents of the rule of law stipulated in the administrative procedure issued in the report;

b) Love. What? The results and number of administrative procedures are published; the public situation and the update of the administrative procedure into the National Database of Administrative Procedisation;

c) The situation, the result of carrying out administrative procedures at the agency or locally, which highlights the commendation, handling of the cadres, the public violation of the regulation of the control execution of administrative procedures (if any);

d) The sweep, simplification of administrative procedures (if available);

Struggling, difficulty in the process of carrying out administrative procedure control (if any);

e) The situation, the result of receiving and the outcome of reflection, the petition for administrative procedure;

g) Media activity supports administrative control of the administrative procedure;

h) Other content at the request of the Ministry of Justice or under the direction of the Prime Minister.

4. The Ministry of Justice builds a prescribed report in paragraph 3 of this and instructions.

5. The situation, the results of administrative control over administrative procedures must be informed in time, honest and often on the Ministry of Justice ' s administrative procedures and other popular media. "

11. Add 35a:

" 35a. Check out operation i Chief executive control

1. Examination of the implementation of the administrative procedure control operation is carried out periodically annually or suddenly in the scope of the operation. to the following mission:

a) The Chief Administrative Control Department helps the Minister of Justice to examine the implementation of administrative control of administrative procedures at the ministries, across the ministry, the Provincial People's Committee, the Central City of the Central Committee;

b) The French Ministry of Law, the peer-to-peer authority, the Chief Minister of the Department of the Administration of the Agency for the implementation of the execution of administrative control operations in the cases, the bureau, the unit of subordination;

c) The Department of Justice helps the Provincial People's Committee, the Central Committee of the Central Committee to examine the implementation of administrative control of administrative procedures at the departments, departments, the sector, the District People's Committee, the district, the city, the provincial town, and the People's Committee, the ward, the town.

2. Test contents, including:

a) Directing, operating, and organizational work performs administrative control activities;

b) Regulatory control over administrative procedures at the projects, the draft text of the rule of law;

c) The work controls the execution of administrative procedures;

d) Manual review, administrative review;

The Company ' s reception, reflection processing, personal petition, organization of administrative regulation;

e) The other content at the request of the Ministry of Justice. "

12. Other modifications:

a) Replace the phrase "Government Office" with the phrase "Justice Department" at paragraph 1 Article 26, paragraph 2 Article 36;

b) Replace the phrase "Administrative Control Agency" by the phrase "Justice Department" at Article 24, Clause 3 Articles 27, paragraph 3 Article 30;

c) Edit the phrase "Administrative Control Agency" by the phrase "Administrative Control Authority" at paragraph 2 Article 26;

d) Remove the phrase "and the Administrative Control Agency" at Clause 3 Articles 29.

What? 2. Modified some of the provisions of the Digital Protocol 20 /2008/NĐ-CP February 14, 2008 by the Government on the receiving, reflection of the reflection, the motion of the individual, It's about the administrative regulation is as follows:

1. Replace the phrase "Government Office" with the phrase "Justice Department" at Clause 1 Article 8, Clause 1 Article 13, Article 20, Article 26; remove the phrase " Government Office at paragraph 4 Article 13.

Replace the phrase "Minister, Chairman of the Government Office" by the phrase "Minister of Justice" at Article 17.

Replace the phrase "Office of the Ministry, the horizontal organ" by the phrase "the legal organization of the ministry, the horizontal organ" at paragraph 2 Article 8.

Replace phrase " The Office of the Provincial People ' s Committee, the Central City of China "by the phrase" " It ' s at Section 8.

2. Edit Article 22:

" 22. Report Information Mode

The information regime reports on the situation and results that carry out the reception, reflection processing, petition on the administrative regulation of the ministry, peer agency and the Provincial People ' s Committee to be implemented under the regulation at Article 35 of the digital decree. 63 /2010/NĐ-CP June 8, 2010 by the Government on Administrative Procedacted Control (which has been amended) socket "At Section 10 Of This Decree."

What? 3. Modified, add paragraph 1 Article 17 of the Digital Protocol 36 /2012/NĐ-CP April 18, 2012 of the Government Regulation ch Come on The ability, tasks, permissions, and organizational structure of the Ministry, the peer-to-peer body is as follows:

" Article 17. Ministry Office

1. The Office of the Ministry is the organization of the ministry, which performs the General Staff function. What? , the plan to work and serve the activities of the ministry; help the Secretary to synthesum, according to d It was i, the governor of the organizations, the unit of the Ministry of the Program, the Ministry's work plan was approved. "

What? 4. Modified, add some of the provisions of the Digital Protocol 55 /2011/NĐ-CP July 4, 2011 the government provides for the function, duties, powers, and organization of the organization's apparatus as follows:

1. B socket Add a 3a into Article 3:

" Article 3. Mission, the jurisdiction of the legal organization in the ministry, peer agency

3a.

Presiding, in coordination with the relevant units, the Minister, the chief authority over the administrative control of the executive branch, is governed by the rule of law. "

2. B socket add 3a to Article 5:

" Article 5. Mission, the jurisdiction of the legal organization in the Directorate General and the equivalent, the Department of the Ministry, the peer-to-peer agency

3a. Okay. Administrative control:

Presiding over the Attorney General, the Secretary of State Coordinated with the French Ministry of Law, the peer-to-peer-to-peer-to-rule of law. "

3. B socket add 3a to Article 6:

" Article 6. Mission, permissions. socket The legal authority of the Provincial Committee of the Provincial Committee.

3a. Okay. Administrative control:

a) Master Help to Sex. p with the Justice Department ki Okay. The law of the law, according to the rule of law;

b) Build a report on the situation and results perform ki Okay. Chief executive officer, Chief of the Agency to send the Department of Justice p, report to the Provincial People ' s Commission. "

What? 5. Terms of execution

1. This decree has been in effect since 1 July 2013.

2. Minister, Chief of the Standing Committee, Head of the Government of the Government, Chairman of the Provincial Committee of the Provincial People, the Central City of Central, the relevant institutions and individuals responsible for the implementation of this decree. ./.

TM. THE GOVERNMENT.

The Prime Minister.

(signed)

Nguyen Tan