DECISION

APPROVAL OF THE IMPLEMENTATION PLAN FOR ADMINISTRATIVE PROCEDURES SIMPLIFICATION PROJECT IN THE FIELDS OF THE STATE MANAGEMENT FOR THE PERIOD 2007 - 2010

THE PRIME MINISTER

Pursuant to the Law on Organization of the Government dated 25 December 2001;
Pursuant to the Government’s Resolution No. 53/2007/NQ-CP dated 7 November 2007 promulgating the Government Action Plan for the 5^th Conference Resolution of the 10^th Central Committee of the Party on strengthening administrative reform, enhancing managerial efficiency and performance of state apparatus;
Pursuant to the Prime Minister’s Decision No. 30/QĐ-TTg dated 10 January 2007 approving the Master Plan for the Administrative Procedures Simplification Project in the fields of the state management for the period 2007- 2010;
In consideration of the proposal set forth by the Minister-Chairman of the Office of Government,

DECIDES:

Article 1. To approve the Implementation Plan for the Administrative Procedures Simplification Project in the fields of the state management for the period 2007-2010.

Article 2. Ministries, ministerial level agencies, People’s Committees of provinces, cities under the central governance shall adjust their respective plans for implementing the Administrative Procedures Simplification Project in the fields of the state management for the period 2007-2010 to conform with this Plan.

Article 3. To terminate operations of the Project Steering Committee and its Secretariat as provided for in sub-item 4 of item IV of the Administrative

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Article 4. The Office of Government shall supervise and inspect the implementation of this Plan by ministries, ministerial level agencies, People’s Committees of provinces, cities under the central governance.

Article 5. This Decision shall come into force from the date of its signing. Previous regulations contrary to this Decision are annulled.

Minister-Chairman of the Office of Government, ministers, heads of ministerial-level agencies, chairmen of people’s committees of provinces, cities under the central governance shall be responsible for implementing this Decision./.

THE PRIME MINISTER




Nguyen Tan Dung

IMPLEMENTATION PLAN

ADMINISTRATIVE PROCEDURES SIMPLIFICATION PROJECT IN THE FIELDS OF THE STATE MANAGEMENT FOR THE PERIOD 2007-2010
(Promulgated as an attachment to the Prime Minister’s Decision No.07/QĐ-TTg dated 04 January 2008 )

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Item No.

Task

Starting Time

Completion Time

Implementing Agency

Output

I. Organizational preparation

1

Develop Draft Decision and Implementation Plan for the Administrative Procedures Simplification Project in the fields of the state management for the period 2007-2010 (referred hereinafter as Project 30)

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15/12/2007

OOG

The Prime Minister’s Decision to approve the Implementation Plan for Project 30

2

Develop Draft Decision on establishment of STF and its functions, duties as stipulated in the Appendix I enclosed

15/12/2007

15/01/2008

OOG

 The Prime Minister’s Decision

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Develop Draft Decision on establishment of ACAPR and its functions, duties as stipulated in Appendix II enclosed

15/12/2007

30/01/2008

OOG

The Prime Minister’s Decision

4

Develop financial plan for the operation of STF, ACAPR and its Secretariat

15/12/2007

15/01/2008

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Commitment to technical and financial support by national and international donors

5

Prepare material conditions for the operation of STF, ACAPR and its Secretariat

15/01/2008

15/02/2008

OOG and STF

Office, telephone lines, LAN and other necessary office equipment

6

Prepare personnel: select and train staff for STF

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29/02/2008

STF

Consolidated STF personnel

7

Ministries, ministerial level agencies, People’s Committees of provinces, cities under central governance establish their respective APR Groups of which functions, duties and members are provided for in Appendix III enclosed

15/01/2008

29/02/2008

Ministries, ministerial level agencies; People’s Committees of provinces, cities

TF established and list of members delivered to STF

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Set up help desks at STF to respond to and assist with ministries, provinces and individuals, organizations in respect of difficulties in the process of Project 30 implementation

15/02/2008

29/02/2008

STF

Dedicated telephone no. set up

9

Develop and organize implementation of communication plan throughout the process of the Plan

15/01/2008

15/02/2008

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Raised awareness and attracted attention and engagement of the whole civil society

10

Equipping servers and softwares, install, customize, test the system, and train STF staff on the application

15/01/2008

30/3/2008

STF

Specialized software for inventories and reviews of administrative procedures, forms ready

11

Establish a STF website to facilitate the implementation of the Plan

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30/3/2008

STF

Website established

12

Develop documents, forms guiding ministries, ministerial level agencies and ACAPR on implementing the inventory and review of administrative procedures, forms;

Develop quality control process of STF and ACAPR For the inventory, review of administrative procedures, forms

15/01/2008

15/3/2008

STF

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13

Organize training courses for ministries, ministerial level agencies’ staff in charge of Project 30 implementation;

Organize training courses for ACAPR supporting Staff

15/3/2008

30/3/2008

STF

Trainees grasped necessary skills and requirements for inventory, review of administrative procedures, forms

14

Procure software, equipment needed and train staff assigned with publishing a unified database of administrative procedures, forms nationwide

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31/12/2010

STF

Unified database of administrative procedures, forms published on the website

II. Implementation of inventory of administrative procedures, forms at ministerial level

15

Ministries, ministerial level agencies conduct inventory of administrative procedures, form according to STF guidance

01/4/2008

30/10/2008

Ministries, ministerial level agencies

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16

Collect inventory forms from ministries, ministerial level agencies and enter which into the specialized software

01/4/2008

15/11/2008

STF

Database of administrative procedures, forms developed

17

Send ministerial inventory results to ACAPR for its independent evaluation of inventory quality (accuracy, fullness)

01/4/2008

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STF

ACAPR independent evaluation

18

Receive ACAPR independent evaluation results and comments from individuals, organizations on missing or inaccurate administrative procedures, forms

Cooperate with ministries, ministerial level agencies to verify, complete inventory

01/4/2008

30/11/2008

STF; ACAPR; Ministries, ministerial level agencies

Database of administrative procedures, forms supplemented, completed

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Publish database of administrative procedures, forms on STF website

01/12/2008

31/12/2008

STF

Database of administrative procedures, forms published

20

Update, complete database of administrative procedures, forms throughout Project 30

01/4/2008

31/12/2010

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Improve quality of database of administrative procedures, forms

III. Implementation of review of administrative procedures, forms on ministerial level

21

ACAPR identify priority administrative procedures, forms to be reviewed first

01/02/2008

15/3/2008

ACAPR

List of priority administrative procedures,

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forms to be review first

22

Ministries, ministerial level agencies conduct review of administrative procedures, forms relating to business doing and other sectors as per the Prime Minister’s instructions with STF guidance

01/11/2008

31/12/2009

Ministries, ministerial level agencies

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23

Collect review forms from ministries, ministerial level agencies and enter data in the specialized software

01/11/2008

30/1/2010

STF

Review results of individual procedures, forms relating to business doing and other sectors as per instructions by the Prime Minister   shall have been consolidated with respective review results by ministries, ministerial level agencies

24

Send ministerial review results to ACAPR for its independent analysis, evaluation

01/11/2008

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STF

ACAPR independent evaluation

25

ACAPR analyze and fill in the review Forms as per STF guidelines

Analyze, evaluate ministerial review results received from STF

01/11/2008

28/02/2010

ACAPR

Filled in review forms sent to STF

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26

STF organize analysis, evaluation and make recommendations to simplify administrative procedures, forms based on review results from ministries, ministerial level agencies, ACAPR and comments from individuals, organizations

01/11/2008

30/6/2010

STF

Review results reported to the Government in June 2009, December 2009 and June 2010

27

Taking into account the Government’s opinions, finalize and send recommendations to competent ministries, ministerial level agencies

Inspect, supervise implementation of recommendations by ministries, ministerial level agencies

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31/12/2010

STF

Documents to simplify(amend, supplement or eliminate, annul ) administrative procedures, forms promulgated

 28

 Publish Report on review results of administrative procedures, forms

01/6/2009

30/8/2010

STF

Published on STF website at respective times

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Develop drafts and present for ratification document to simplify (amend, supplement or eliminate, abolish) administrative procedures, forms, for recommendations within the authority of the National Assembly (NA), NA Standing Committee, the Government, Prime Minister, towards application of one document for amending other documents.

01/6/2009

31/12/2010

OOG; STF

Documents to simplify (amend, supplement or eliminate, annul) administrative procedures, forms promulgated

30

Ministries, ministerial level agencies analyze, develop draft documents to simplify (amend, supplement or eliminate, abolish) administrative procedures, forms according to their promulgating authority

01/6/2009

31/12/2010

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Documents to simplify (amend, supplement or eliminate, annul ) administrative procedures, forms promulgated

IV. Implementation of inventory of administrative procedures, forms on provincial/cities level

31

Develop documents, forms guiding People’s Committees of provinces, cities under central governance in implementing inventory, review of administrative procedures, forms

01/4/2008

30/5/2008

STF

Guidance to People’s Committees of provinces, cities on how to organize personnel, implement tasks, fill in the forms and specific deadlines to meet delivered

32

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01/6/2008

30/6/2008

STF

Trainees grasped necessary skills and requirements for inventory, review of administrative procedures, forms

33

People’s Committees of provinces, cities conduct inventory of administrative procedures, forms within their respective authority as per STF guidance

01/7/2008

31/12/2008

People’s Committees of provinces, cities

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34

Collect inventory Forms from People’s Committees of provinces, cities and enter the data in the specialized software

01/7/2008

15/01/2009

STF

Database of administrative procedures, forms developed

35

Send provincial inventory results to ACAPR for its independent evaluation of inventory quality (accuracy, fullness)

01/7/2008

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STF

ACAPR independent evaluation

36

Receive ACAPR independent evaluation results and comments from individuals, organizations on missing or inaccurate administrative procedures, forms

Cooperate with People’s Committees of provinces, cities to verify, complete inventory

01/7/2008

30/01/2009

STF; ACAPR; People’s Committees of provinces, cities

Database of administrative procedures, forms in provinces/cities supplemented, completed

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Publish database of administrative procedures forms on STF website

01/02/2009

28/02/2009

STF

Database of administrative procedures, forms in provinces/cities published

38

Continue updating, completing database of administrative procedures, forms throughout Project 30

01/7/2008

31/12/2010

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Improved quality of database of administrative procedures, forms in provinces/cities

V. Implementation of review of administrative procedures, forms in provinces. Cities

 39

People’s Committees of provinces, cities conduct review of administrative procedures, forms relating to business doing and other sectors as per the Prime Minister’s instructions with STF guidance

01/01/2009

31/12/2009

People’s Committees of provinces, cities

Review forms completed according to guidance and sent regularly to STF

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01/01/2009

30/1/2010

STF

Review results of individual procedures, forms relating to business doing and other sectors as per instructions by the Prime Minister shall have been consolidated with

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41

Send provincial review results to ACAPR for its independent analysis, evaluation

01/01/2009

30/01/2010

STF

ACAPR independent evaluation

42

ACAPR analyze and fill in the review Forms as per STF guidelines

Analyze, evaluate review results from People’s Committee of provinces/cities under central management received from STF

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28/02/2010

ACAPR

Filled in review forms sent to STF

Review results by People’s Committees of provinces, cities assessed

43

STF organize analysis, evaluation and make recommendations to simplify administrative procedures, forms based on review results from People’s Committees of provinces, cities, ACAPR and comments from individuals, organizations

01/01/2009

30/6/2010

STF

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44

Taking into account the Government’s opinions, finalize and send recommendations to relevant People’s Committees

Inspect, supervise implementation of recommendations by relevant People’s Committees and ministries

01/6/2009

31/12/2010

STF

Documents to simplify (amend, supplement or eliminate, annul ) administrative procedures, forms promulgated

45

Publish Report on review results of administrative procedures, forms

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30/8/2010

STF

Published on STF website at respective times

46

People’s Committees of provinces, cities instruct the study, development of draft documents to simplify (amend, supplement or eliminate, abolish) administrative procedures, forms according to their promulgating authority

01/6/2009

31/12/2010

People’s Committees of provinces, cities

Documents to simplify (amend, supplement or eliminate, annul ) administrative procedures, forms promulgated

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Make wrap up report on the status of Sub-project 1 and Sub-project 3 implementation

01/9/2010

30/11/2010

STF

Wrap up report of the status of Sub-project 1 and Sub- project 3 implementation

B. IMPLEMENTATION PLAN FOR SUB-PROJECT 2

Item No.

Task

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Completion Time

Implementing Agency

Output

1

Inventory, review business conditions

10/01/2007

31/12/2007

MPI

Report on Business Conditions Simplification

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Develop Draft Decree on business conditions simplification

10/01/2007

20/02/2008

MPI

Draft Decree on simplifying business conditions presented to the Government

3

Develop Draft Law on business conditions simplification.

10/01/2007

20/6/2008

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Law on Business Conditions Simplification project presented to the Government

4

Develop wrap up report on the status of Sub-project 2 implementation

20/6/2008

31/12/2008

MPI

Wrap up report of Sub- project 2 implementation

C. IMPLEMENTATION PLAN FOR SUB-PROJECT 4

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Task

Starting Time

Completion Time

Implementing Agency

Output

1

Study, survey on the receipt and handling of petitions, feedback in respect of mechanisms, policies, administrative procedures no longer suitable of State administration agencies

10/01/2007

31/12/2007

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Report on assessment of the situation ofreceiving, handling feedback and petitions on mechanisms, policies,administrative procedures no longer suitable of State administration agencies

2

Develop Draft Decree on receiving, handling feedback and petitions on mechanisms, policies and administrative procedures

10/01/2007

31/12/2007

OOG

Submit to the Government the Draft Decree on receiving, handling feedback and petitions of individuals, organizations on mechanisms, policies, administrative procedures

3

Develop wrap up report on the status of Sub- project 4 implementation

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30/6/2008

OOG

Wrap up report of sub- project 4 implementation

D. WRAP UP AND PREPARATION FOR POST-2010 PERIOD

Item No.

Task

Starting Time

Completion Time

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Output

1

 Develop wrap up report on the implementation of the Master Plan for Simplifying Administrative Procedures in the fields of state management for the period 2007 - 2010.

01/6/2010

31/12/2010

OOG

Wrap up report on the implementation of Project 30 in the fields of state management for the period 2007-2010 presented to the Government

2

Develop Administrative Procedures Law project

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31/12/2009

OOG

The National Assembly’s ratification of the Law on Administrative Procedures

APPENDIX I

THE PRIME MINISTER’S SPECIAL TASK FORCE TO IMPLEMENT ADMINISTRATIVE PROCEDURES REFORM
(Promulgated as an attachment to the Prime Minister’s Decision No.07/QĐ-TTg dated 04 January 2008)

1. Role, functions

- An independent organization established by the Prime Minister, operating with specialized responsibilities for a period of 3 years (2008 - 2010).

- Report directly to the Prime Minister and use the OOG seal.

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- Develop a complete database of administrative procedures, forms and publish it on the web.

- Collect information relating to the review of administrative procedures from ministries, ministerial level agencies, provincial People’s Committees and relevant individuals, organizations.

- Review and make independent recommendations on simplification of administrative procedures, forms.

2. Organizational and personnel structure

- Minister, Chairman of OOG shall act as STF Director; have overall responsibility to the Prime Minister for STF operations.

- Director of OOG Department of Administrative Reform shall act as Deputy Director; and one Deputy Director of Administrative Reform shall act as Deputy Director responsible for directly managing, organizing STF work.

- Permanent staff shall be about 20, having qualifications in law, economics; the core staff shall include some from the OOG Department of Administrative Reform in charge of monitoring administrative procedures reform, and some to be called from several of OOG departments, working on a full time basis throughout the implementation of the Plan.

- STF shall be entitled to engaging national management experts, scientists (about 50) in the review and analysis of administrative procedures on contract basis. Their specific job duties shall be assigned by the STF leaders.

3. Responsibilities

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- Make independent review of administrative procedures, forms after ministries, provinces’ review.

- Recommend to the Government, Prime Minister procedures to be amended, annulled, or simplified which ministries, provinces cannot prove legal, necessary and friendly to the people and businesses.

- Instruct ministries, provinces to comply with implementation of administration procedures reform.

- Provide training for staff of the Regulatory Reform Advisory Council and ministries, provinces on organization of Project 30 implementation.

- Collect information needed for the administrative procedure reform from ministries, provinces, cities, business community, citizens.

- Consult with expert associations and ensure transparency of the administrative procedures review.

- Create a comprehensive electronic database of administrative procedures.

- Enter and manage data in the e-Guillotine software.

- Organize donor support.

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- Engage active participation from enterprises, associations and individuals in the Project 30 implementation process.

- Provide guidelines and training for state agencies and assist them in compliance to the reform implementation plan.

- Make progress reports to the Prime Minister and Government according to the approved plan.

- Inform individuals, organizations and encourage them to involve in the administrative procedures reform process.

- Organize workshops, presentations, meetings, etc. for consultation.

- Publish regulations and information on the internet.

- Collect citizens, organizations and enterprises’ opinions on administrative procedures.

- Establish and maintain a website for the administrative procedures reform.

- Prepare electronic database of administrative procedures, forms.

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4. Work relations

- Minister, Chairman of OOG shall be responsible to the Prime Minister for the operations of STF.

- STF shall coordinate, collect information from ministries, provinces and be responsible for making independent review of administrative procedures and recommendations to the Government, Prime Minister.

- STF representatives shall report to the Prime Minister its progress and performance at least twice a month.

- STF representatives shall meet once a week with the Advisory Council secretariat to discuss issues to be settled.

- STF office shall be located within the OOG.

- STF staff shall be responsible for reporting to STF leadership.

- STF shall be divided into teams in charge of a particular ministry, provinces or a group of ministries, provinces.

- STF leader or STF team representatives shall directly discuss, work with leaders and members of ministerial, provincial APR groups to ensure the Forms are timely and effectively filled in.

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- STF staff shall conduct independent consultation with government and non- government associations as required.

5. Professional skills and expertise

- University graduate in public administration, law, economics or equivalent in related disciplines.

- Good analytical skill, including familiarity with economics methodologies; practical experience in applying those methodologies.

- Working experience in regulatory/administrative reform management.

- Good general knowledge of Vietnam governance system, public management and legal system issues. Able to relate easily to other parts of State administration, private sector and academic players in the field of regulatory reform;

- Good communication skills, good drafting ability to produce notes that are clear, concise and attractive to audience.

- Good reporting skill.

- Ability to work with office information technology, including word processing, graphics software, and the Internet.

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- High flexibility and adaptability according to work needs.

- Demonstrated and/or expressed commitment to implement Project 30 and

its objectives./.

APPENDIX II

ADVISORY COUNCIL FOR ADMINISTRATIVE PROCEDURES REFORM
(Promulgated as an attachment to the Prime Minister’s Decision No.07/QĐ-TTg dated 04 January 2008)

1. Role, functions

- A PM advisory body for administrative procedures reform, established by the Prime Minister, operating in the period of 3 years (2008-2010).

- A representative body for the business sector, academic institutions and associations to provide timely and effective critiques and input on the administrative procedures reform.

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2. Organizational and personnel structure

a) Advisory Council for Administrative Procedures Reform (ACAPR)

- Minister, Chairman of OOG shall chair the ACAPR; be responsible to the Prime Minister for the operations of ACAPR.

- Director of OOG Department of Administrative Reform shall act as Commissioner.

- 10 to 15 representatives of the business sectors, foreign investors, academic institutes, Vietnam Chamber of Commerce and Industry, foreign Chambers, prominent experts, academia and other stakeholders.

b) Secretariat OOG Department of Administrative Reform shall assign a group of professionals headed by a leader of the Department of Administrative Reform to provide secretarial service to ACAPR.

3. Responsibilities

a) Advisory Council for Administrative Procedures Reform.

- Identify missing regulations in inventory and priority areas for review.

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- Provide oversight, advice on the administrative reform while the Implementation Plan is under way.

- Communicate goals of the administrative reform and promotes engagement of the business sector and public.

b) Secretariat

- Cooperate directly with STF on a daily basis.

- Provide business community and citizens with feedback on individual regulations.

- Identify problems and priority reformed administrative procedures.

- Ensure high quality review in the form of filled-in Form 3.

- Recommend setting up and coordinate the operations of ACAPR assistant working groups.

- Make progress reports to ACAPR and STF, the media.

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- Ensure timely feedback from business community and citizens.

- Assist STF in mobilization of part-time experts from private companies to assist in the review of administrative procedures.

- Assist STF in obtaining donor assistance.

- Assist STF in making a list of best national experts able to participate.

4. Work relations

- ACAPR shall meet at least once a month to discuss progress and issues to be addressed.

- Head of Secretariat shall report progress and issues to ACAPR.

- Head of Secretariat shall meet once a week with representative of STF to discuss issues to be solved.

- Secretariat staff shall be responsible for cooperating with STF staff to implement assigned tasks.

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- Secretariat shall be located in the office of the STF (office sharing with STF).

- Head of Secretariat shall develop a list of appropriate working groups of experts for the review stage.

- Secretariat staff may assist STF staff if approved by Head of Secretariat.

- Secretariat staff shall undertake independent consultations with expert associations as required.

5. Skills and expertise

- University graduate in public administration, law, economics or equivalent.

- Good analytical skill, including familiarity with economics methodologies.

- Working experience with State administration agencies.

- International experience in working on reforms in other countries from the region.

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- Good general knowledge of Vietnam governance system, public management and legal system issues.

- Excellent interpersonal skills; able to relate easily and openly with government officials, STF staff, private sector and academia.

- Good communication skills, good drafting ability to produce notes that are clear, concise and attractive to audience.

- Good English language skills.

- Ability to work with office information technology, including word processing, graphics software, and the Internet.

- Ability to learn, apply creative and innovative solutions; high flexibility and adaptability according to work needs.

- Ability to provide timely and efficient feedback to STF.

APPENDIX III

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1. Role, functions

- A body established by Ministers, heads of ministerial level agencies or chairmen of People’s Committees of provinces, cities, operating for a period of 3 years (2008 - 2010) under direct leadership of Ministers, heads of ministerial level agencies or chairmen of People’s Committees of provinces, cities under central governance.

- With the Forms and STF guidelines, collect inventory of all administrative procedures, forms within their respective control to provide to STF.

- Review all Government, Prime Minister-instructed administrative procedures, forms relating to business and other sectors within their respective control according to the Forms and STF guidelines; recommend administrative procedures, forms to annul, amend, simplify or maintain to STF.

2. Organizational and personnel structure

- Ministers, heads of ministerial level agencies or chairmen of People’s Committees of provinces, cities under central governance shall be responsible for reforming administrative procedures, forms within their respective control to the Prime Minister.

- APR Groups: Heads of APR Groups shall be designated by Ministers, heads of ministerial level agencies or chairmen of People’s Committees of provinces, cities; staffing shall be between 4 and 8 (experts in law, economics and other fields) to be called from units of ministries, agencies and localities to work on a full time basis for 3 years (2008 - 2010).

3. Responsibilities

- Fill in the Forms and enter data into the electronic database.

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- Establish good internal cooperation with ministry’s, province’s and city’s technical staff in charge of inputting data.

- Ensure all relevant inputs are provided timely and efficiently by the ministries, provinces, and cities’ technical staff.

- Review all related administrative procedures and provide recommendations based on the Forms.

- Identify problems and priority procedures.

- Ensure high quality review in the form of filled-in Forms according to STF’s guidelines.

- Attend STF trainings.

- Communicate with STF on a regular basis.

- Ensure timely feedback and meet all deadlines set by STF.

- Ensure transparency and availability for consultation with STF and other stakeholders.

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- Ensure permanent availability of assistance to STF.

4. Work relations

- Ministers, chairmen of provincial People’s Committees shall be responsible to the PM for engagement in the reform process of administrative procedures, forms.

- Heads of APR Groups shall report directly to their Ministers, heads of ministerial level agencies, chairmen of People’s Committees of provinces, cities under central governance.

- Staff of APR Groups shall communicate with STF for explanations and assistance.

- APR Groups’ primary contacts with STF shall be STF lead officers.

- APR Groups may organize meetings and consultations with STF staff when necessary or as requested by STF.

- APR Group may propose STF to consult with interested interest groups.

5. Skills and expertise

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- Good analytical skills and understanding of duties, authority of ministries, ministerial level agencies, People’s Committees of provinces, cities under central governance.

- Experience in dealing with regulatory management.

- Good interpersonal skills; able to relate easily with STF and other stakeholders of the regulatory system.

- Good communication and reporting skills.

- Ability to provide feedback to STF timely and efficiently./.