Quyết định 181/2003/QĐ-TTg của Thủ tướng Chính phủ về việc ban hành Quy chế thực hiện cơ chế một cửa tại cơ quan hành chính nhà nước ở địa phương

DECISION

PROMULGATING THE REGULATION ON IMPLEMENTATION OF “ONE-DOOR” MECHANISM IN LOCAL STATE ADMINISTRATIVE AGENCIES

THE PRIME MINISTER

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the Government’s Resolution No. 38/CP of May 4, 1994 on reforming for one further step the administrative procedures in settling citizens’ and organizations’ problems;

Pursuant to the Prime Minister’s Decision No. 136/2001/QD-TTg of September 17, 2001 approving the overall program on State administrative reform in the 2001-2010 period;

At the proposal of the Minister of Home Affairs,

DECIDES:

Article 1.- To promulgate together with this Decision the Regulation on implementation of “one-door” mechanism in local State administrative agencies.

Article 2.- This Decision takes implementation effect 15 days after its publication in the Official Gazette.

The Minister of Home Affairs shall have to monitor and examine the implementation of this Decision.

Article 3.- The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People’s Committees of the provinces and centrally-run cities shall have to implement this Decision.

REGULATION

ON IMPLEMENTATION OF “ONE-DOOR” MECHANISM IN LOCAL STATE ADMINISTRATIVE AGENCIES
(Promulgated together with the Prime Minister’s Decision No. 181/2003/QD-TTg of September 4, 2003)

Chapter I

GENERAL PROVISIONS

Article 1.- This Regulation prescribes the application and implementation of “one-door” mechanism as well as the process of settling problems according to “one-door” mechanism in local State administrative agencies.

1. “One-door” means a mechanism for settling citizens’ and/or organizations’ problems, which fall under the competence of State administrative agencies, from the reception of requests and dossiers to the return of results through one body being the “request-receiving and result-returning sections” in State administrative agencies.

2. The implementation of “one-door” mechanism aims to create a substantial change in the relationships and problem-settling procedures between State administrative agencies and organizations as well as citizens, reduce troubles for organizations and citizens, combat red-tape, corruption and authoritarianism among State officials and employees, and raise the effectiveness and efficiency of the State management.

Article 2.- “One-door” mechanism is applied in local State administrative agencies, concretely the provincial/municipal People’s Committees (the provincial/municipal Services and Departments as well as Offices of the People’s Councils and People’s Committees); the People’s Committees of rural and urban districts as well as provincial towns and cities; and the People’s Committees of communes, wards and district townships.

Article 3.- “One-door” mechanism is implemented on the following principles:

1. Administrative procedures being simple, clear and lawful;

2. Publicizing administrative procedures, charges, fees and time for settling organizations’ and citizens’ problems;

3. Receiving requests and returning results at the request-receiving and result-returning sections;

4. The coordination among relevant sections in settling organizations’ and citizens’ problems being the responsibility of the State administrative agencies;

5. Ensuring the speedy and convenient settlement of organizations’ and citizens’ problems.

Article 4.- “One-door” mechanism is implemented in the following domains:

1. In the provinces and centrally-run cities: The approval of domestic and foreign investment projects, the consideration and approval of provision of capital construction capital, the granting of business registration certificates to enterprises, the granting of construction permits, the granting of dwelling house ownership and land use right certificates, land lease, and the settlement of social policies.

2. In rural and urban districts as well as provincial towns and cities: The granting of business registration certificates to individual business households, the granting of construction permits, the granting of dwelling house ownership and land use right certificates, household registration, notarization and social policies.

3. In communes, wards and district townships: The construction of dwelling houses, land, civil status, and authentication.

Article 5.- Apart from the provisions in Article 4, the presidents of the provincial/municipal People’s Committees shall base themselves on the practical situation in their respective localities to decide on the selection of other working domains for the application of “one-door” mechanism.

Chapter II

RESPONSIBILITIES TO IMPLEMENT “ONE-DOOR” MECHANISM

Article 6.- The presidents of the provincial/municipal People’s Committees shall have the responsibilities:

1. To issue decisions on the application of “one-door” mechanism to various working domains at local administrations of different levels according to the provisions of Articles 4 and 5 of this Regulation.

2. To uniformly prescribe the procedures and order for settling problems of the types eligible for the application of “one-door” mechanism on the basis of law observance, and at the same time annul the unnecessary regulations promulgated by localities, which cause troubles to organizations and/or citizens.

3. To prescribe the time volumes for settling different problems, the charges and fees to be collected according to law provisions.

Article 7.- The heads of the provincial-level professional agencies, the presidents of the district-level People’s Committees and the presidents of the commune-level People’s Committees shall have the responsibilities:

1. To promulgate working regulations which prescribe the process of transferring, processing, submitting for signing, and returning dossiers to the request-receiving and result-returning sections; the responsibilities of relevant sections in implementing the “one-door” mechanism; and the responsibilities of State officials and employees working in the request-receiving and result-returning sections.

2. To publicly post up regulations, administrative procedures, charges, fees and time for settling various problems at the request-receiving and result-returning sections.

3. To arrange State officials and employees to work in request-receiving and result-returning sections who have high qualifications, good moral qualities and capability to communicate with organizations and citizens. State officials and employees working in request-receiving and result-returning sections must wear State officials’ and employees’ cards with their full names and titles clearly inscribed. On their working desks there must be boards clearly inscribed with types of problems to be settled, for example, that related to land, construction, notarization or business registration,…

4. To arrange working rooms of the request-receiving and result-returning sections with appropriate and adequate working conditions.

5. To provide training on professional and communication skills for the contingent of State officials and employees directly working in the request-receiving and result-returning sections.

6. To apply appropriate forms of notification and propagation so that organizations and citizens are aware of the operations under “one-door” mechanism in their respective localities.

Article 8.- The request-receiving and result-returning sections in the provincial-level Services and Departments shall be located in the Administrative and General Affairs Bureaus and subject to the management by the Administrative and General Affairs Bureaus.

The district-level request-receiving and result-returning sections shall be located in the Offices of the district-level People’s Councils and People’s Committees and subject to the management by the Offices of the district-level People’s Councils and People’s Committees.

The commune-level request-receiving and result-returning sections shall be located in the Offices of the commune-level People’s Councils and People’s Committees and subject to the management by the Offices of the commune-level People’s Councils and People’s Committees.

Article 9.- The ministries, the ministerial-level agencies and the agencies attached to the Government shall have to submit to the Government the regulations on decentralization of tasks in their respective branches or domains to the People’s Committees of different levels; and clearly prescribe the administrative procedures for settling organizations’ and citizens’ problems.

Article 10.- Fundings for the implementation of “one-door” mechanism shall be estimated by relevant agencies and allocated from the State budget.

Chapter III

PROCESS FOR SETTLING PROBLEMS ACCORDING TO “ONE-DOOR” MECHANISM

Article 11.- Organizations and citizens requesting the settlement of their problems shall directly contact the request-receiving and result-returning sections.

Article 12.- State officials and employees working in the request-receiving and result-returning sections shall have to consider organizations’ and/or citizens’ requests and dossiers:

1. To receive dossiers and issue the receipts thereof, make appointments for returning results according to regulations. If dossiers are incomplete under the regulations, to provide detailed guidance for organizations and citizens to supplement and complete them.

2. In cases where organizations’ and/or citizens’ requests fall beyond their scope of settlement, to guide such organizations and/or citizens to go to competent State agencies for settlement.

Article 13.- The request-receiving and result-returning sections shall have to transfer organizations’ and/or citizens’ dossiers to relevant functional sections for settlement.

Article 14.- Relevant sections shall have to settle organizations’ and/or citizens’ dossiers transferred by the request-receiving and result-returning sections, submit them to competent leaders for signing and transfer them back to the request-receiving and result-returning sections strictly within the prescribed time limit.

Article 15.- The request-receiving and result-returning sections shall receive back the settlement results and return them to the concerned organizations and citizens according to the appointment time, collect charges and fees on matters from which charges and/or fees can be collected according to law provisions.

Article 16.- In cases where dossiers are settled not within the committed time limit, the request-receiving and result-returning sections shall have to notify the concerned organizations and citizens of the reasons therefor and make new appointment for returning the results.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 17.- The presidents of the People’s Committees of the provinces and centrally-run cities shall have to direct and organize the implementation of “one-door” mechanism as from January 1, 2004 for the provincial and district levels and from January 1, 2005 for the commune level; and annually make a final review and evaluation thereof and send reports thereon to the Ministry of Home Affairs for summing-up and further report to the Prime Minister.

Article 18.- The Minister of Home Affairs shall assume the prime responsibility and coordinate with the concerned ministries and branches in monitoring and examining the implementation of this Regulation.

In the course of implementation, if any difficulties or problems arise, the provincial/municipal People’s Committees should promptly report them to the Ministry of Home Affairs for consideration and settlement.