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New policy in Vietnam: Administrative procedure documents will be issued to citizens on electronic copies

16:05 | 24/04/2020

The Government has issued Decree 45/2020/ND-CP on the implementation of administrative procedures on the electronic environment. The decree takes effect on May 22, 2020.

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new policy in vietnam administrative procedure documents will be issued to citizens on electronic copies
(Photo: CafeF)

According to the Decree: The receiving and settling administrative procedures in the electronic environment is carried out legally, reasonably and scientifically; ensuring equality, objectivity, publicity, transparency, information security and close coordination between competent agencies in the process of handling administrative procedures.

The implementation of administrative procedures on the electronic environment must take organizations and individuals as the center, ensuring the language and simple implementation method, easy to implement, contributing to the effective implementation of administrative procedure.

The Decree does not require organizations and individuals to declare and return data that administrative procedure-executing agencies are managing or are willing to share by other state agencies. It maximizes the steps of implementing administrative procedures on the electronic environment to save time, costs and efforts of organizations, individuals and competent agencies. The implementation of administrative procedures in the electronic environment does not increase charges and fees beyond the provisions of law.

new policy in vietnam administrative procedure documents will be issued to citizens on electronic copies
(Photo: Viettimes)

According to the Decree, instead of issuing paper copies, organizations and individuals may request state agencies to grant electronic copies in two ways: Issue an electronic copy from the original book or authenticating electronic copies from originals of documents.

In case of issuing copies from master registers, the agency managing the master registers will base on the original registers to issue electronic copies with digital signatures of the agencies to the requesters. This copy is valid to replace the original in the transaction, unless otherwise provided for by law.

In case of authenticating an electronic copy from the original, the procedure is as follows: Organizations and individuals present originals of papers and documents as a basis for certification of copies; the authenticator checks the originals, makes electronic copies of the originals, receives certified true copies from the originals, signs the authenticators and updates them into the control books. Similarly, an electronic copy authenticated from a paper document is also used instead of the original used, unless otherwise prescribed by law.

The Decree was issued on April 8, 2020 and takes effect from May 22, 2020, according to Vietnam Law.

new policy in vietnam administrative procedure documents will be issued to citizens on electronic copies
(Photo: Labor Law)

In case the dossier is incomplete, officials, public servants and public employees shall notify organizations and individuals through organizations and individuals' accounts on the National Public Service Portal. Public ministries, organizations and individuals register and provide full and specific guidance to supplement the required documents.

Officials, public servants and officials shall notify the official receipt or request to amend and supplement dossiers no later than 8 working hours after the system receives.

Especially, the Decree stipulates clearly the prohibited acts of civil servants and public employees such as: Obstructing organizations and individuals' methods of carrying out administrative procedures in the electronic environment; requiring organizations and individuals to submit papers and documents in writing to verify and inspect the components of the signed documents.

Moreover, it prohibits the act of illegally interfering in the implementation of administrative procedures in the electronic environment, including: transmitting, collecting, processing, sending or notifying the results of processing records and payment transactions; unauthorized interference, falsifying records; disclosing information and copying data illegally.

It does not allow the act of cheating, impersonating, appropriating and illegally using electronic identities of organizations, individuals or competent agencies. Furthermore, it bans other prohibited acts of law related to the activities of officials, public servants and employees in the electronic environment, according to Viettimes.

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