CONTROL OF ADMINISTRATIVE PROCEDURES WHEN MAKING PROPOSALS FOR FORMULATION OF LEGAL DOCUMENTS
This is one of the new content prescribed by the Government at the Decree No. 92/2017/ND-CP dated August 07, 2017 on amending and supplementing a number of articles of the decrees concerning control of administrative procedures, takes effect on September 25, 2017.
In particular, this Decree prescribes that control of administrative procedures shall be conducted right from the stage of making proposals for formulation of legal documents and on a regular and continuous basis in the course of implementing administrative procedures; within that, the Decree No. 63/2010/ND-CP prescribes that control of administrative procedures shall be conducted right from the stage of drafts for formulation of legal documents.
Also in accordance with this Decree, the establishment of an administrative procedure is completed only if the administrative procedure fully comprises the following basic constituting elements such as name of the administrative procedure; order of implementation; mode of implementation; components and number of dossiers; deadline for processing; administrative procedure-complying subject(s); administrative procedure-processing agency; in case an administrative procedure requires application forms, administrative declaration forms, administrative procedure implementation results, requirements, conditions, charges, and fees, these will be the constituting elements of that administrative procedure.
An administrative procedure already promulgated by a competent person must be made public in a complete, accurate and timely manner in the following forms: publishing on the National Database of Administrative Procedures; posting up at the head office of the agency or unit that directly receives or processes such administrative procedure, applying other forms using electronic means in conformity with infrastructure facilities and technical conditions on the basis of the decision promulgating the administrative procedure, or dumping, connecting or integrating data on the administrative procedure on the National Database of Administrative Procedures; publishing on the Government Portal or portals of ministries, ministerial-level agencies and People’s Committees of provinces and centrally run cities on the basis of connection and integration with the National Database of Administrative Procedures.
