Regulations on management, operation and exploitation of online public service portal

(Baonghean.vn) - Decision bpromulgating the Regulations on management, operation, exploitation and use of the public service portal and the electronic one-stop system of Nghe An province.

PEOPLE'S COMMITTEE OF NGHE AN PROVINCE

Pursuant to the Law on Organization of Local Government dated June 19, 2015;

Pursuant to the Law on Electronic Transactions dated November 29, 2005;

Pursuant to the Law on Information Technology dated June 29, 2006;

Pursuant to the Government's Decrees: No. 64/2007/ND-CP dated April 10, 2007 on the application of information technology in the activities of state agencies; No. 43/2011/ND-CP dated June 13, 2011 regulating the provision of information and online public services on the websites or electronic portals of state agencies; No. 72/2013/ND-CP dated July 15, 2013 on the management, provision and use of Internet services;

Pursuant to Decision No. 09/2015/QD-TTg dated March 25, 2015 of the Prime Minister promulgating the Regulation on implementing the one-stop mechanism and the inter-connected one-stop mechanism at local state administrative agencies;

At the request of the Director of the Department of Information and Communications in Submission No. 12/2017/TTr-STT&TT, dated January 6, 2017

DECISION:

Article 1. Promulgated together with this Decision are the Regulations on management, operation, exploitation and use of the online public service portal and the electronic one-stop system of Nghe An province.

Article 2. This Decision comes into force from January 20, 2017.

Article 3. Chief of Office of the Provincial People's Committee; Directors of Departments; Heads of provincial-level departments and branches; Chairmen of People's Committees of districts, cities and towns and relevant organizations and individuals are responsible for implementing this Decision.

RULES

Management, operation, exploitation and use of online public service portal and electronic one-stop system of Nghe An province

(Issued with Decision No. 02/2017/QD-UBND dated January 9, 2017 of Nghe An Provincial People's Committee)

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This regulation provides for the management, operation, exploitation and use of the online public service portal and the electronic one-stop system of Nghe An province.

Article 2. Subjects of application

This Regulation applies to provincial departments, branches and sectors; public service units under the provincial People's Committee; People's Committees of districts, cities and towns; People's Committees of communes, wards and towns (hereinafter referred to as administrative procedure implementing agencies); agencies, units and organizations, individuals and enterprises providing related services participating in the implementation of online public services and the electronic one-stop system in Nghe An province.

Article 3. Interpretation of terms

1. The interconnected electronic one-stop system is an information system including electronic one-stop software, an online lookup system for administrative records status, information technology equipment, and transmission lines serving the deployment, use, and operation of the electronic one-stop software at agencies and units in the province.

2. Electronic one-stop software is an information technology application to computerize transactions between organizations and individuals with state agencies and between state agencies according to the "one-stop, interconnected one-stop" mechanism stipulated in Decision No. 09/2015/QD-TTg dated March 25, 2015 of the Prime Minister on promulgating regulations on implementing the one-stop mechanism, interconnected one-stop mechanism at local state administrative agencies.

Delegates inaugurated the Nghe An province's online public service portal. Photo: Archive.

3. The online lookup system for administrative records status is an information system serving the lookup of information on the status of administrative records of organizations and individuals; At the same time, it serves the monitoring and direction of leaders of relevant agencies and units through online public service portals, record lookup machines (kiosks), record lookup software via phone text messages (SMS) or other suitable forms.

4. Online public services: is the provision of online public administrative services as prescribed in Article 3, Decree No. 43/2011/ND-CP dated June 13, 2011 of the Government regulating the provision of information and online public services on the websites or electronic portals of state agencies.

5. Online public service portal: is a centralized, single access point to integrate online public services.

Article 4. Principles of providing online public services

1. Administrative procedures are simple, clear and convenient for users.

2. Public and transparent information, fees, charges, and processing time.

3. Ensure close coordination between state agencies and organizations and individuals in handling administrative procedures.

4. Agencies performing administrative procedures must provide accurate, convenient online public services that save time, effort and costs for organizations and individuals; and not cause inconvenience or congestion during the settlement process.

5. Providing online public services must ensure integrity, safety and legality; improve the effectiveness and efficiency of state management in the province.

6. The online public service portal must be integrated and connected to the interconnected electronic one-stop system and electronic information portal to ensure information security and operate continuously 24 hours a day on the Internet.

Article 5. System upgrade and expansion

1. Software serving specialized work that participates in the process of handling administrative records under the one-stop, one-stop mechanism that has been invested in and built before must have a solution, ensuring the ability to integrate with the electronic one-stop system and the public service portal of the province. At the same time, ensure the ability to synchronize data, provide full information for lookup, statistics and ensure information security.

2. Agencies and units that need to upgrade or expand the system beyond the functions already deployed must obtain approval from the Provincial People's Committee (through the proposal of the Department of Information and Communications).

3. Equipment serving the system application when newly invested, supplemented or replaced must ensure quality and compatibility with the deployed system in order to exploit related information.

Article 6. Prohibited acts when using online public services

1. Obstructing the choice of using online public services.

2. Illegally obstructing or preventing the transmission, sending or receiving of data messages.

3. Unauthorized alteration, deletion, destruction, falsification, copying, disclosure, display, or movement of part or all of the data message.

4. Creating or distributing software programs that disrupt, change, or destroy the operating system or engaging in other acts aimed at destroying the information technology infrastructure serving the online public service provision system.

5. Other violations as prescribed by law.

Chapter II

MANAGEMENT, OPERATION, EXPLOITATION AND USE OF ONLINE PUBLIC SERVICE PORTAL

Article 7. General requirements for providing online public services

1. Information about online public services

Agencies performing administrative procedures provide a list of online public services currently being performed on the system, clearly stating the level of each service and providing detailed instructions for use. Services are organized and classified by industry and field for ease of exploitation and use. The system must provide information on frequency of use, number of records processed on time, overdue for each online public service at level 3 or higher.

2. Responsibility for providing online public services

The agency performing administrative procedures must use standardized administrative procedures to provide online public services on the system. For online public services related to application forms, the accompanying administrative declaration form must be provided at least at level 2. For each online public service, it is necessary to fully display the components of the administrative procedure and the responsibilities of the relevant parties.

Article 8. Use of online public services

1. Address to access the online public service portal of Nghe An province: "http://www.dichvucong. nghean.gov.vn"

2. Organizations and individuals who need to resolve administrative procedures through online public services should access the address specified in Clause 1 of this Article to find information, instructions and use the services.

Article 9. Documents, procedures and payment of fees (if any) when using online public service

1. Submit online application level 3

Application forms, declarations filled out according to the form, and accompanying documents, are photographed or scanned from the original (not certified) and divided into separate files, and sent as attachments to the selected public service. When arriving at the agency to receive the results, the organization or individual will sign the application form, declaration, and compare the relevant documents sent online with the original.

2. Submit online application level 4

a) Application forms, declarations, and accompanying documents are implemented as at level 3, with the use of digital signatures encouraged. If digital signatures have not been used, in addition to submitting online at level 3, the application must be sent by postal service according to Decision No. 45/2016/QD-TTg dated October 19, 2016 of the Prime Minister on receiving applications and returning results of administrative procedure settlement via public postal services;

b) Payment of fees (if any) for level 4 public services is made in one of the following forms: Payment is made according to the instructions on the system; via the bank's service to the account of the agency performing the administrative procedure publicly announced on the system and following the instructions; or in accordance with Decision No. 45/2016/QD-TTg dated October 19, 2016 of the Prime Minister on receiving dossiers and returning results of administrative procedure settlement via public postal services.

Article 10. Time for processing and handling documents and form of returning results for documents submitted online

1. Time to receive and process online applications:

a) The time for receiving and processing dossiers must not exceed the time prescribed in the administrative procedure set under the authority of each agency that has been announced. In cases where online public services are related to multiple agencies, the focal agency receiving the dossiers is responsible for presiding over and coordinating with relevant agencies to resolve them, but must ensure that the time for returning results is according to the prescribed time that has been publicly posted;

b) Encourage agencies to simplify administrative procedures, reduce implementation time, and resolve administrative procedures compared to the prescribed time when receiving online public service registration dossiers of relevant organizations and individuals.

2. Form of result payment:

a) Returning online public service results at level 3: Performed directly at the agency performing the administrative procedure;

b) Returning results of online public services at level 4: To be carried out in one of the following forms: online or in accordance with Decision No. 45/2016/QD-TTg dated October 19, 2016 of the Prime Minister on receiving dossiers and returning results of administrative procedure settlement via public postal services.

c) In case an organization or individual has paid fees (if any) but the administrative procedure performing agency is unable to perform the service, the administrative procedure performing agency shall be responsible for refunding the fees paid by the organization or individual.

In case the agency has resolved the case but the requester does not receive the result, he/she is not entitled to request a refund of the fees paid (except in cases where the law provides otherwise).

Chapter III

MANAGEMENT, OPERATION AND USE OF THE INTERCONNECTED ELECTRONIC ONE-STOP SYSTEM

Article 11. Principles of management, operation and use of the interconnected electronic one-stop system

1. The interconnected electronic One-Stop System deployed at agencies performing administrative procedures must ensure the ability to synchronize and interconnect data within the province's common system.

2. Ensure close coordination between state agencies in handling administrative procedures for organizations and individuals on the system.

3. Fully and promptly update administrative procedures in the fields deployed on the system for implementation.

4. The system must meet the daily update of the status of administrative procedure settlement of each specific unit on the Government Electronic Information Portal, the National Public Service Portal and the provincial system.

Article 12. General requirements of the interconnected electronic one-stop system

1. The interconnected electronic one-stop system must ensure that it has the ability to implement the interconnected electronic one-stop mechanism process as prescribed in Articles 6 and 7 of Decision No. 09/2015/QD-TTg dated March 25, 2015 of the Prime Minister on the regulations for implementing the one-stop mechanism and the interconnected one-stop mechanism at local state administrative agencies.

2. The working area and equipment of the Reception and Results Department shall comply with the provisions of Article 8 of Decision No. 60/2015/QD-UBND dated October 19, 2015 of the People's Committee of Nghe An province on regulations on implementing the one-stop mechanism and the interconnected one-stop mechanism at agencies and units in the province.

3. Arrange civil servants at the receiving and returning results department according to the provisions of Article 7 and Article 9 of Decision No. 60/2015/QD-UBND dated October 19, 2015 of Nghe An Provincial People's Committee promulgating the Regulations on implementing the one-stop mechanism and the inter-connected one-stop mechanism at agencies and units in Nghe An province.

Article 13. Organization of an interconnected electronic one-stop system

1. The electronic one-stop system deployed at agencies to carry out administrative procedures is organized according to a centralized management model, with software systems and databases installed and stored centrally.

2. The electronic one-stop system is operated on a network environment, data is connected and circulated in a closed loop from the Reception and Results Department to specialized departments in the electronic one-stop system of a state agency and between state agencies.

3. The receiving and returning of results departments of organizations and agencies performing administrative procedures shall comply with the provisions of Article 6 of Decision No. 60/2015/QD-UBND dated October 19, 2015 of the People's Committee of Nghe An province, or comply with the provisions of Articles 9 and 10 of this Regulation.

4. Organizations and individuals submit their applications directly at the one-stop department or submit them online on the system according to the provisions of Articles 8 and 9 of this Regulation.

Article 14. File status lookup

1. The system for looking up the status of administrative records of the province includes:

a) Look up online at: http://dichvucong.nghean.gov.vn.

b) Automatic response system via text message (SMS) phone.

c) Look up directly at the one-stop department of the administrative procedure performing agency.

2. All information about the status of administrative records processing on the online lookup system is updated online from the agencies performing administrative procedures.

2. Organizations and individuals can look up the status of administrative file processing by entering the file code (printed on the file receipt) and following the system's instructions.

Chapter IV

RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS AND INDIVIDUALS

Article 15. Department of Information and Communications

1. Responsible for general management of Nghe An province's online public service portal and the interconnected electronic one-stop system, coordinating with relevant agencies and units to ensure smooth connection lines to serve the stable operation of the system 24/7 on the Internet.

2. Advise on plans to edit and upgrade the system to ensure stability to meet the work needs of state agencies in the province.

3. Organize and direct propaganda on mass media and electronic information portals about activities and provision of online public services on the system.

4. Summarize problems related to the system and proposals for upgrading and modifying the system, report to the Provincial People's Committee for direction.

5. Annually, based on needs, develop investment plans, upgrade systems and technical infrastructure related to system deployment and replication for agencies and units in the province.

6. Direct Nghe An Electronic Information Portal to coordinate with service providers to manage and operate the system; regularly monitor, guide, inspect, urge and support cadres, civil servants and organizations and individuals in the process of interacting and using the system in a timely manner; periodically extract data and store data on the status of receiving and processing records of agencies and units; report and propose measures to ensure information security for the system to operate effectively.

Article 16. Department of Home Affairs

1. Coordinate with the Department of Information and Communications to urge and guide agencies implementing administrative procedures to deploy the system and put it into effective application.

2. Include the content of system application in the criteria for administrative reform and emulation and rewards in the province.

Article 17. Department of Justice

Coordinate with the Department of Information and Communications to monitor, guide and inspect the publication of administrative procedures on the systems of state agencies in accordance with regulations.

Article 18. Department of Planning and Investment, Department of Finance

Preside over and coordinate with the Department of Information and Communications and relevant agencies to advise the Provincial People's Committee on budget allocation to deploy and maintain effective operation of the provincial system.

Article 19. State agencies in the management and use of the system

1. Based on this Regulation and related regulations, agencies and units must publicly post the process of submitting and processing online applications and the electronic one-stop-shop at the receiving and result-returning departments and on the system in accordance with regulations.

2. Heads of agencies and units are responsible for directing officers and civil servants to apply the system to work processing. Regularly monitor, inspect and evaluate the situation of administrative records processing at agencies and units through the system to promptly detect and resolve arising problems.

3. Ensure that all administrative records of organizations and individuals are received and processed through the system in accordance with regulations.

4. Regularly review administrative procedures of agencies and units. When there are amendments or supplements to administrative procedures, they must be promptly updated to the system to serve organizations and individuals to exploit and use them in accordance with regulations.

5. Manage and protect information of organizations and individuals including: Registered account information, profile information; only allowed to provide or share with authorized third parties in cases where required by law or with the consent of that organization or individual.

6. At the headquarters of the one-stop department, instructions and procedures for submitting online applications must be posted. Regularly promote and introduce online public services of agencies and units for organizations and individuals to exploit and use.

Article 20. Cadres, civil servants and public employees receive documents and return results via the system

1. Receiving documents and returning results of online public services:

a) Check the validity and completeness of documents sent by organizations and individuals via the system to the administrative procedure performing agency;

b) In case the dossier is not in accordance with regulations, send an electronic notice with instructions and request the organization or individual to supplement and complete the dossier;

c) In case the dossier is complete as prescribed, send an electronic notice to the organization or individual to schedule a date for returning the results, documents to bring for presentation, pay fees (if any) when coming to receive the results;

d) Within 1/2 working day (from the date of receiving complete and valid documents), the receiving and returning results department must forward the documents to the specialized department for processing.

2. Receiving documents and returning results directly: Implement according to the provisions of Article 6 of Decision No. 60/2015/QD-UBND dated October 19, 2015 of Nghe An Provincial People's Committee.

3. Guide organizations and individuals to use online services on the system when performing administrative procedures at the one-stop department of agencies and units.

Article 21. Specialized departments of administrative procedure implementing agencies

1. For valid and complete documents:

a) Resolve records according to tasks and powers in accordance with the general process of resolving administrative procedures of the agency;

b) Transfer the results of the application processing to the application receiving and result returning department to return to the organization or individual within the prescribed time.

2. For dossiers that need additional information or do not meet the requirements for administrative procedures, a draft notification must be submitted to the agency leader for approval and transferred to the receiving and returning results department to notify relevant organizations and individuals according to regulations.

Article 22. Cadres, civil servants and public employees using the system

1. Use the system to receive and return results to organizations and individuals for all administrative procedure records in accordance with regulations.

2. Manage assigned accounts to perform tasks in accordance with procedures and time as prescribed; secure personal account information, system information, and information of organizations and individuals.

3. It is strictly forbidden to spread viruses, malicious code or interfere with operations or affect the system in any form.

4. The unit's information technology specialist is responsible for providing technical support information, monitoring the unit's system usage according to assigned functions and tasks; guiding officers and civil servants in using the system at the unit to ensure effective operation.

5. Computers of officers, civil servants, and administrators with accounts participating in the agency's document processing process on the system must be equipped with licensed anti-virus software.

6. Coordinate with the Department of Information and Communications (the focal point is Nghe An Electronic Information Portal) for support, instructions on use, and troubleshooting (if any).

Article 23. Organizations and individuals involved in using the system

1. Submit application and receive results online through the province's public service portal system (can download application forms, declaration forms and declarations to complete the application as required); or directly at the Reception and Results Department as prescribed in Article 6 of Decision No. 60/2015/QD-UBND dated October 19, 2015 of Nghe An Provincial People's Committee.

2. Register and declare information accurately and completely and be responsible for the accuracy of the information provided, registered and declared.

3. Look up the status of administrative file processing according to the provisions of Article 14 of this Regulation.

4. Comply with the requirements of the administrative procedure performing agency and pay fees (if any) as prescribed.

Article 24. Enterprises providing services and infrastructure

1. Provide a system of servers, transmission lines, security devices, software to provide online public services and an interconnected electronic one-stop shop to ensure quality.

2. Provide quality assurance services in accordance with the provisions of Clause 2, Clause 3 and Clause 4, Article 4 of Decision No. 80/2014/QD-TTg dated December 30, 2014 of the Prime Minister regulating the pilot leasing of information technology services in State agencies.

3. Operate and manage the system, ensure information security and stable operation 24/7 on the Internet; arrange resources to support units during operation and use (if required); when the system has problems, it must be promptly resolved and handled.

Chapter V

RECEIVING AND PROCESSING REFLECTIONS AND SUGGESTIONS ON ONLINE PUBLIC SERVICES AND THE INTERCONNECTED ELECTRONIC ONE-STOP SYSTEM

Article 25. Receiving feedback and recommendations

1. Agencies performing administrative procedures publicly disclose their office addresses, email addresses, and phone numbers on the system to receive and reflect recommendations from organizations and individuals related to the implementation of online public services and the interconnected electronic one-stop system.

2. Organizations and individuals have the right to send feedback and recommendations related to the settlement of administrative procedures in the following forms:

a) Through email;

b) Through the phone number on the system;

c) Through the "Q&A" section on the system;

d) Send directly in writing.

Article 26. Handling of feedback and recommendations

For feedback and recommendations on administrative procedure settlement from organizations and individuals, within 03 (three) working days from the date of receiving feedback and recommendations, the administrative procedure implementing agencies shall coordinate with relevant agencies and units to provide feedback to the organizations and individuals.

Chapter VI

IMPLEMENTATION ORGANIZATION

Article 27. Reporting regime

Every 3 (three) months, the Department of Information and Communications is responsible for reporting to the People's Committee of Nghe An province on:

a) Implementation status of the online public service portal and the electronic one-stop system of Nghe An province of agencies performing administrative procedures;

b) Status of providing online public services according to Article 4 of this Regulation;

Article 28. Rewards and handling of violations

1. Every year, the Department of Information and Communications coordinates with the Department of Home Affairs and the Department of Justice to evaluate and rank the application and implementation of units based on the results of publicizing procedures and handling administrative records on the provincial system. On that basis, propose the Provincial People's Committee to consider and reward according to regulations.

2. Officers, civil servants and public employees under agencies and units performing procedures with outstanding achievements in complying with and implementing this Regulation will be considered for rewards according to regulations.

3. Agencies, units and individuals who violate the provisions of this Regulation, depending on the nature and severity of the violation, will be subject to disciplinary action, administrative sanctions or prosecution in accordance with current law.

Article 29. Implementation provisions

During the implementation process, if any problems arise, agencies and units are requested to promptly report to the Department of Information and Communications for synthesis and reporting to the Provincial People's Committee for consideration and appropriate amendment and supplementation./.

Provincial People's Committee