Circular 01/2011/ttlt-Vpcp-Bnv: Guidance On The Functions, Duties, Powers, Organization And Staffing Of The Department Of Control Of Administrative Procedure In The Office, Ministerial-Level Agencies And Offi ...

Original Language Title: Thông tư liên tịch 01/2011/TTLT-VPCP-BNV: Hướng dẫn về chức năng, nhiệm vụ, quyền hạn, tổ chức và biên chế của bộ phận kiểm soát thủ tục hành chính thuộc Văn phòng Bộ, Cơ quan ngang Bộ và Văn p...

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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. 33/2008/ND-CP dated 19 March 2008 of the Government functions, tasks, powers and organizational structure of the Office of the Government;

Pursuant to Decree No. 48/2008/ND-CP on April 17, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of the Interior;

Government offices and the Interior Ministry guidance functions, tasks, powers, organisation and staffing of the Department of control of administrative procedure in The Office, ministerial-level agencies and people's committees of provinces and cities under central as follows: chapter I DIVISION ADMINISTRATIVE CONTROL in the OFFICE of the MINISTERIAL AGENCIES, article 1. The position and function 1. Parts control procedures administrative office, ministerial-level agencies (except Government Office) called the Control Room administrative procedures, has the function to help Chief, ministerial-level agencies in controlling administrative procedures and reception, processing the reflections and recommendations of individual , the Organization of administrative regulations in the scope of the management function of the ministerial-level agencies, under the provisions of Decree No. 63/2010/ND-CP on 08 June 2010 of the Government on the control of administrative procedures (hereinafter referred to as the Decree 63/2010/ND-CP) and Decree No. 20/2008/ND-CP dated 14 February 2008 by the Government on receiving processing, reflection, personal recommendations, the Organization of administrative regulations (hereinafter referred to as the Decree No. 20/2008/ND-CP).

2. administrative control under the leadership of the Organization, management, staffing and operations of Ministers, heads of ministerial agencies; the direction of the Chief ministries, ministerial agencies; at the same time subjected to steer, guide and the test of professional expertise of administrative control Bureau.

Article 2. Duties and powers 1. Staff, help The Chief, ministerial-level agencies: a) building program, annual plan of control of administrative procedures, ministerial authority, the Ministers, heads of ministerial agencies;

b) control the rules of administrative procedures in accordance with chapter II of Decree No. 63/2010/ND-CP;

c) control the implementation of the administrative procedure in the scope of the management function of the Ministerial authority, as defined in chapter III of Decree No. 63/2010/ND-CP;

d) receive, study and classification of the reflection and recommendations on administrative regulations in the scope of management of the Ministry, ministerial bodies for delivery to the Directorate, the service, the unit involved in the ministries, ministerial-level agencies handled as stipulated in Decree No. 20/2008/ND-CP; the urge, check and promptly report the Ministers, heads of ministerial agencies necessary measures to correct the administrative discipline, discipline in ministries, ministerial-level agencies in the processing of petitions, reflection, personal organization;

DD) quality control data entry and administrative procedures, the relevant text was published on the national database on administrative procedures; responsible for the accuracy, legitimacy of administrative procedures and legal documents involved were published, enter data and upload into a national database on administrative procedures; organizations make to create a link on the online services provided to individuals, organizations from the electronic portal of Ministry, ministerial-level agencies with a national database of administrative procedures under the direction of Ministers, heads of ministerial agencies;

e) reviewing implementation organizational, procedural, administrative management function of the ministerial-level agencies, under the provisions of Decree No. 63/2010/ND-CP;

g) check, General construction, reported on the situation and the results of the control procedure and the reception, handling, reflection on the administrative regulations periodically or irregularly to the Ministers, heads of ministerial agencies reported the Prime Minister as stipulated in article 35 of Decree No. 63/2010/ND-CP and the provisions in clause 1 Article 22 of Decree No. 20/2008/ND-CP;

h) training institutions, training for officials and public servants do clue mission control procedures under the guidance of the Bureau of control procedures;

I) urge the service, Bureau, related units in ministries, ministerial agencies perform statistical procedures, new administrative procedures be modified, supplemented or replaced, the administrative procedure of cancellation or removal; implementation of the program, project, scheme of control procedures by the Ministry, ministerial-level agencies or State Agency superiors issued;

k) hosted, in cooperation with the news agencies press to information, propaganda on the active control of the administrative procedures and results received, processed, reflects the recommendations of the administrative regulations;

l) during operation depending on the requirements, tasks, the Ministers, heads of ministerial-level agencies in mobilizing public officers of the service, Bureau, related units in ministries, ministerial-level agencies to carry out the task of controlling administrative procedures; where necessary, the authority to sign contracts and use of expert advice in and outside the State sector to work according to the contract the stock mode consistent with the provisions of the law.

2. Perform the duties: a) Guide, examine the impact assessment form fill and calculate the costs comply with the administrative procedures of the unit was assigned to host text editor legal; independent reviews the impact of the administrative procedures prescribed in the draft legal text in the authority issued by Secretary of ministerial heads, under the guidance of the Bureau of control procedures;

b) in coordination with the unit functions in ministries, ministerial-level agencies in the last test of the need, the legitimacy, of the provisions of the administrative procedure and the comments under the provisions of Decree No. 63/2010/ND-CP for the project, the draft legal text of a decree administrative procedures before the Minister Ministerial heads, consider, decide;

c) participated in professional training due to administrative control Bureau organization;

d) during the test, the general situation and the results, if discovered bodies, the unit, officers, public servants are not made, improperly claim or violation of regulations on the control of administrative procedures, timely recommendations, the Agency has the authority to apply the form processing measures, in accordance with the law;

DD) mission, other powers by Ministers, heads of ministerial agencies, Chief of the Ministry, ministerial Affairs Agency.

Article 3. About the Organization and staffing 1. Administrative control room had head and no more than 2 (two) Deputy Chief rooms: a) Chief administrative control is the head of the room, responsible to the Chief of the Ministry, ministerial-level agencies, before the Ministers, heads of ministerial agencies and before the law about the whole operation of the room;

b) Deputy head's Chief, responsible to the Chief and the law on the duties assigned. When the Chief is absent, a Deputy head is Chief Executive authorized the operation of the room;

c) Ministers, heads of ministerial agencies appointed, dismissed the Chief of control, Deputy Head of the administrative procedure as proposed by the Chief of The Ministerial authority, or under the provisions of the management hierarchy of officers of ministries, ministerial agencies.

2. Staffing: staffing of administrative control in the Office of the Ministerial authority, by the Minister, the heads of ministerial agencies decided in total payroll administration was delivered in accordance with the law and under the direction of the Prime Minister.

Chapter II CONTROL of ADMINISTRATIVE PROCEDURE in the OFFICE of the PEOPLE'S COMMITTEE of the CENTRAL CITIES, article 4. The position and function 1. Parts control procedures Administrative Office of the people's Committee of the central cities, called the Control Room administrative procedures, has the function to help the Chief people's Committee, the central cities in controlling administrative procedures and reception processing, reflection, personal recommendations, the Organization of administrative rules, the jurisdiction of the people's Committee of management of the central cities, (hereinafter referred to as the provincial people's Committee), Chairman of the provincial people's Committee as stipulated in Decree No. 63/2010/ND-CP and Decree No. 20/2008/ND-CP.

2. administrative control under the leadership of the Organization, management, staffing and operations of the people's Committee, Chairman of the provincial people's Committee; the direction of the Chief of the provincial people's Committee; at the same time subject to the direction, inspection, professional guide service of administrative control Bureau.

Article 5. Duties and powers 1. Staff, help the Chief provincial people's Committee: a) building program, annual plan of control of administrative procedures of the provincial people's Committee, the Chairman of the provincial people's Committee approval;

b) regulatory controls of administrative procedures in accordance with chapter II of Decree No. 63/2010/ND-CP;

c) control the implementation of the administrative procedure, the authority to manage the State of the provincial people's Committee, Chairman of the provincial people's Committee as defined in chapter III of Decree No. 63/2010/ND-CP;


d) receive, study and classification of the reflection and recommendations of individuals, organization of administrative rules, the jurisdiction of the people's Committee of management, Chairman of the provincial people's Committee to delivered to departments, agencies and related processing unit as stipulated in Decree No. 20/2008/ND-CP; the urge, timely reporting and checking people's Committee, Chairman of the provincial people's Committee of the measures needed to rectify the discipline, discipline administration in the handling of the reflection and recommendations of individuals, organization;

DD) quality control data entry and administrative procedures, the relevant text was published on the national database on administrative procedures; responsible for the accuracy, legitimacy of administrative procedures and legal documents involved were published, enter data and upload into a national database on administrative procedures; organizations make to create a link on the online services provided to individuals, organizations from the electronic portal of the departments and agencies in the provincial people's Committee with the national database on administrative procedures under the direction of the Chairman of the provincial people's Committee;

e) conducted the review, reviews of administrative procedure in the scope of jurisdiction of the authorities of the province, central cities under the provisions of Decree No. 63/2010/ND-CP;

g) participated commenting in writing on the implementation of control procedures for the departments, agencies, units, public officials involved in the review process emulation, rewarded under the authority of the Chairman of the provincial people's Committee and the case of grant proposals on merit;

h) test, General construction, reported on the situation and the results of the control procedure and the reception, handling, reflection on the administrative regulations periodically or irregularly to the Chairman of the provincial people's Committee reported the Prime Minister as stipulated in article 35 of Decree No. 63/2010/ND-CP and clause 1 Article 22 of Decree No. 20/2008/ND-CP;

I) set the system leads the task of controlling administrative procedures according to the mode of cum in these departments, sectors, district-level people's committees, social and local units; training institutions, training for officials and public servants do clue mission control procedures under the guidance of the Bureau of control procedures;

k) urge the departments, agencies, units involved make the stats the new administrative procedure, administrative procedure is modified, supplemented or replaced, the administrative procedure of cancellation or removal; implementation of the program, project, scheme of control procedures by the Committee, the Chairman of the provincial people's Committee issued or superior State bodies;

l) hosted, in cooperation with the news agencies in local newspapers for information, advocacy on activity of control procedures and results processing, reception reflect the recommendations of the administrative regulations;

m) during operation depending on the requirements, tasks, the Chairman of the provincial people's Committee in mobilizing public officers of the departments, the people's Committee at district level, the social level of people's committees and the relevant units of work in the Office of the provincial people's Committee to implement the task of controlling administrative procedures; the case required the authority to sign contracts and use of expert advice in and outside the State sector to work according to the contract the stock mode consistent with the provisions of the law.

2. Perform the duties: a) Guide, examine the impact assessment form fill and calculate the costs comply with the administrative procedures of the unit was assigned to host text editor legal; independent reviews the impact of the administrative procedures prescribed in the draft legal text under the jurisdiction of the people's Committee issued;

b) in coordination with the functional unit in the Office of the provincial people's Committee in the last test of the need, the legitimacy, of the provisions of the administrative procedure and the comments under the provisions of Decree No. 63/2010/ND-CP for the draft legal text of a decree administrative procedures before the Chairman of the Committee population of province level review decision;

c) participated in professional training due to administrative control Bureau organization;

d) during the test, the general situation and the results, if discovered bodies, the unit, officers, public servants are not made, improperly claim or violation of regulations on the control of administrative procedures, timely recommendations, the Agency has the authority to apply the form processing measures, in accordance with the law;

DD) mission, other powers by the President of the provincial people's Committee, Chief of the provincial people's Committee.

Article 6. Organizational structure and staffing 1. Administrative control room had head and no more than 2 (two) Deputy Chief rooms; private Hanoi and Ho Chi Minh City, no more than 3 (three) Deputy Chief rooms;

a) chief administrative control is the head of the room, responsible to the Chief of the provincial people's Committee and before the law about the whole operation of the room;

b) The Deputy head's Chief, responsible to the Chief and before the law about the tasks assigned; When the Chief is absent, a Deputy head is Chief Executive authorized the operation of the room;

c) appointing, dismissing the Chief of control, Deputy Head of the administrative procedure conducted in accordance with the law or under the provisions of personnel management divisions.

2. Staffing: staffing of administrative control by the provincial people's Committee decision in the total staffing of the Office of the provincial people's Committee in accordance with the law and under the direction of the Prime Minister.

Chapter III the TERMS of the IMPLEMENTATION of article 7. Effective enforcement of this circular effect since January 15, 2011.

Article 8. Responsibility 1. Ministers, heads of ministerial agencies, Chairman of the provincial people's Committee decided to set up specific regulations and mandates, powers, organizational structure and staffing of the administrative procedure Control Room directly under the Office of the Ministry, ministerial-level agencies, Office of the provincial people's Committee according to the instructions in this circular.

2. In the process of implementation, if any problems arise or have difficulties and obstacles, the Ministry, ministerial-level agencies, provincial people's Committee and relevant agencies timely reflection on Government offices and the Interior Ministry to consider, resolve according to the authority.

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