Regulations on the management, operation, and utilization of the online public service portal.

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

PEOPLE'S COMMITTEE OF NGHE AN PROVINCE

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

Based on the Law on Electronic Transactions dated November 29, 2005;

Based on the Law on Information Technology dated June 29, 2006;

Based on the Government 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 portals of state agencies; and No. 72/2013/ND-CP dated July 15, 2013, on the management, provision, and use of Internet services;

Based on Decision No. 09/2015/QD-TTg dated March 25, 2015, of the Prime Minister promulgating the Regulations on the implementation of the one-stop mechanism and the integrated one-stop mechanism at local state administrative agencies;

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

DECISION:

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

Article 2. This Decision shall take effect from January 20, 2017.

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

REGULATIONS

Managing, operating, exploiting, and utilizing the online public service portal and the interconnected electronic one-stop system of Nghe An province.

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

Chapter I

GENERAL REGULATIONS

Article 1. Scope of application

This regulation governs the management, operation, and utilization of the online public service portal and the interconnected electronic one-stop system of Nghe An province.

Article 2. Scope of Application

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

Article 3. Definitions

1. The integrated electronic one-stop system is an information system comprising electronic one-stop software, an online system for checking the status of administrative documents, information technology equipment, and transmission lines serving the deployment, use, and operation of the electronic one-stop software at agencies and units within the province.

2. The electronic one-stop service software is an information technology application aimed at computerizing transactions between organizations and individuals with state agencies, and between state agencies themselves, according to the "one-stop shop, integrated one-stop shop" mechanism as stipulated in Decision No. 09/2015/QD-TTg dated March 25, 2015, of the Prime Minister on the promulgation of regulations on the implementation of the one-stop shop mechanism and the integrated one-stop shop mechanism at local state administrative agencies.

Delegates inaugurate the online public service portal of Nghe An province. (Photo: Archival image)

3. The online administrative file status lookup system is an information system that serves to look up information about the status of administrative files of organizations and individuals; it also serves the monitoring and management work of leaders of relevant agencies and units through online public service portals, file lookup machines (kiosks), file lookup software via SMS or other appropriate forms.

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

5. Online public service portal: a single, centralized access point for integrating online public services.

Article 4. Principles of providing online public services

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

2. Information, fees, charges, and processing times must be made public and transparent.

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

4. Agencies implementing administrative procedures must provide accurate, convenient, and cost-effective online public services for organizations and individuals, saving them time, effort, and money; and avoiding inconvenience and bottlenecks in the processing.

5. Providing online public services must ensure integrity, security, and legal compliance; and enhance the effectiveness and efficiency of state management in the province.

6. The online public service portal must be integrated and connected with the interconnected electronic one-stop system and the electronic information portal, ensuring information security and continuous operation 24/7 on the Internet.

Article 5. System Upgrades and Expansion

1. Software applications serving specialized tasks involved in the one-stop and integrated one-stop administrative procedure that have been previously developed must have solutions ensuring integration with the province's electronic one-stop system and public service portal. Simultaneously, they must ensure data synchronization, provide complete information for searching and statistics, and guarantee information security.

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

3. Equipment used in system applications, when newly invested in, added to, or replaced, must ensure quality and compatibility with the existing system in order to utilize relevant information.

Article 6. Prohibited acts when using online public services

1. Hindering the choice to use 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 a data message.

4. Creating or distributing software programs that disrupt, alter, or damage operating systems, or engaging in other activities aimed at disrupting the information technology infrastructure serving online public service delivery systems.

5. Other violations as prescribed by law.

Chapter II

MANAGEMENT, OPERATION, EXPLOITATION, AND UTILIZATION OF THE ONLINE PUBLIC SERVICE PORTAL

Article 7. General requirements for providing online public services

1. Information about online public services

Administrative agencies provide a list of online public services currently available on the system, specifying the level of each service and providing detailed usage instructions. Services are organized and categorized by industry and sector for ease of access and use. The system must provide information on usage frequency, the number of applications processed on time, and overdue applications for each online public service at level 3 or higher.

2. Responsibilities for providing online public services

Administrative agencies must use standardized administrative procedures to provide online public services on the system. For online public services involving administrative forms and declarations, these must be provided at least at level 2. Each online public service must fully display all constituent parts of the administrative procedure and the responsibilities of the relevant parties.

Article 8. Use of online public services

1. Access address for 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 services.

1. Submit your application online at level 3.

The application form, completed declaration form, and accompanying documents must be photographed or scanned from the original (no notarization required) and divided into separate files, then attached to the selected public service. Upon arriving at the agency to receive the results, the organization or individual will sign the application form and declaration form and compare the relevant documents submitted online with the originals.

2. Submit your application online at level 4.

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

b) Payment of fees (if any) for level 4 public services can be made in one of the following ways: Payment according to instructions on the system; payment via bank service to the account of the agency performing the administrative procedure, which is publicly available on the system, and following the instructions; or payment according to Decision No. 45/2016/QD-TTg dated October 19, 2016, of the Prime Minister on receiving applications and returning results of administrative procedures through public postal services.

Article 10. Processing time and method of delivering results for online applications.

1. Processing time for online applications:

a) The processing and resolution time for applications must not exceed the time stipulated in the administrative procedures under the jurisdiction of each agency that have been publicly announced. In cases where online public services involve multiple agencies, the lead agency receiving the application is responsible for coordinating with relevant agencies to resolve the issue, but must ensure that the results are delivered within the publicly announced timeframe;

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

2. Method of delivering results:

a) Returning results for online public services at level 3: This is done directly at the agency performing the administrative procedure;

b) Returning results of online public services at level 4: This can be done 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 applications and returning results of administrative procedures through public postal services.

c) In cases where an organization or individual has paid fees and charges (if any) but the administrative procedure-implementing agency is unable to provide the service, that agency is responsible for refunding the fees and charges paid by the organization or individual.

If the agency has processed the request but the applicant has not received the result, they are not entitled to request a refund of the fees paid (except in cases where the law stipulates otherwise).

Chapter III

MANAGEMENT, OPERATION, AND UTILIZATION OF AN INTERCONNECTED ELECTRONIC WINDOW

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

1. The integrated electronic one-stop system implemented at agencies performing administrative procedures must ensure the ability to synchronize and interlink data within the province's overall system.

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

3. Fully and promptly update administrative procedures in the fields implemented on the system for effective execution.

4. The system must ensure daily updates on the status of administrative procedures processed by each specific unit to the Government's electronic portal, the National Public Service Portal, and the provincial system.

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

1. The integrated electronic one-stop system must ensure that it has the functionality to implement the integrated electronic one-stop mechanism process as stipulated 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 integrated one-stop mechanism at local state administrative agencies.

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

3. Assign civil servants to the reception and results delivery department in accordance with the provisions of Articles 7 and 9 of Decision No. 60/2015/QD-UBND dated October 19, 2015, of the People's Committee of Nghe An province promulgating regulations on the implementation of the one-stop mechanism and the integrated one-stop mechanism at agencies and units in Nghe An province.

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

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

2. The interconnected electronic one-stop system operates in a network environment, with data interconnected and circulating in a closed loop from the reception and results delivery department to specialized departments within the electronic one-stop system of a state agency and between state agencies.

3. The receiving and processing departments of organizations and agencies carrying out 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 may submit applications directly at the one-stop service center or online through the system as stipulated in Articles 8 and 9 of this Regulation.

Article 14. Checking the status of the file

1. The provincial administrative record status lookup system includes:

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

b) An automated SMS response system.

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

2. All information regarding the processing status of administrative documents on the online lookup system is updated online from the agencies responsible for carrying out the administrative procedures.

2. Organizations and individuals can check the processing status of administrative documents by entering the document number (printed on the document 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 the overall management of the Nghe An Provincial Online Public Service Portal and the interconnected electronic one-stop system, coordinating with relevant agencies and units to ensure smooth connectivity and reliable operation of the system 24/7 on the Internet.

2. Advise on plans for modifying and upgrading the system to ensure stability and meet the work needs of state agencies in the province.

3. Organize and direct the dissemination of information through mass media and electronic portals regarding activities and the provision of online public services on the system.

4. Summarize the issues related to the system and propose upgrades and modifications to the system, and report them to the Provincial People's Committee for guidance.

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

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

Article 16. Department of Internal Affairs

1. Coordinate with the Department of Information and Communications to urge and guide agencies to implement administrative procedures and ensure the system is effectively put into application.

2. Incorporate the application of the system into the criteria for administrative reform and emulation-rewarding within the province.

Article 17. Department of Justice

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

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

The Department of Information and Communications, in coordination with other relevant agencies, shall advise the Provincial People's Committee on allocating funds to implement and maintain the 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 provisions, agencies and units must publicly display the procedures for submitting and processing online applications and the integrated electronic one-stop service at the reception and results delivery department and on the system in accordance with regulations.

2. Heads of agencies and units are responsible for directing officials and employees to apply the system to their work. They must regularly monitor, inspect, and evaluate the situation of administrative document processing within their agencies and units through the system in order to promptly detect and resolve any arising problems.

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

4. Regularly review the administrative procedures of agencies and units. When there are amendments or additions to administrative procedures, they must be promptly updated on the system to serve organizations and individuals for proper access and use.

5. Managing and protecting the information of organizations and individuals, including: registered account information and profile information; only permitted to provide or share with authorized third parties in cases where required by law or with the consent of the organization or individual concerned.

6. Instructions and procedures for submitting online applications must be posted at the one-stop service center. Regularly promote and introduce the online public services of the agency/unit so that organizations and individuals can access and utilize them.

Article 20. Officials and public employees receive applications and return results through the system.

1. Receiving applications and providing results for online public services:

a) Verify the validity and completeness of documents submitted by organizations and individuals through the system to the agency responsible for carrying out administrative procedures;

b) If the application is not in accordance with regulations, an electronic notification will be sent providing guidance and requesting the organization or individual to supplement and complete the application.

c) If the application is complete according to regulations, an electronic notification will be sent to the organization or individual scheduling the date for receiving the results, specifying the documents to bring for presentation, and the fees and charges (if any) to pay when receiving the results;

d) Within half a working day (from the date of receiving a complete and valid application), the receiving and processing department must forward the application to the relevant department for processing.

2. Receiving applications and delivering results directly: This is carried out in accordance with the regulations in Article 6 of Decision No. 60/2015/QD-UBND dated October 19, 2015, of the People's Committee of Nghe An province.

3. Provide guidance to organizations and individuals on using online services on the system when carrying out administrative procedures at the one-stop service departments of agencies and units.

Article 21. Specialized departments of agencies implementing administrative procedures

1. For valid and complete applications:

a) Process applications according to assigned duties and powers, in line with the agency's general procedures for handling administrative procedures;

b) Transfer the results of the application processing to the application receiving and results delivery department for delivery to the organization or individual within the prescribed time.

2. For applications requiring additional information or failing to meet administrative procedural requirements, a draft notification document must be prepared and submitted to the agency's leadership for approval. This document will then be forwarded to the receiving and processing department to inform the relevant organizations and individuals as per regulations.

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

1. Utilize the system for receiving and delivering results to organizations and individuals for all administrative procedures in accordance with regulations.

2. Manage assigned accounts to perform tasks according to established procedures and timelines; ensure the security of personal account information, system information, and information of organizations and individuals.

3. The distribution of viruses, malware, or any form of interference or disruption to the system is strictly prohibited.

4. The unit's IT specialist is responsible for acting as the main point of contact for technical support, monitoring the unit's system usage according to assigned functions and duties; and guiding officials and employees in using the system within the unit to ensure efficient operation.

5. Computers of officials, civil servants, and administrators with accounts participating in the agency's document processing workflow on the system must be equipped with licensed antivirus software.

6. Coordinate with the Department of Information and Communications (the focal point being the Nghe An Provincial Electronic Information Portal) for support, guidance on usage, and troubleshooting (if any).

Article 23. Organizations and individuals involved in using the system

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

2. Register and declare accurate and complete information, and be solely responsible for the accuracy of the information provided, registered, and declared.

3. Check the processing status of administrative documents as stipulated in Article 14 of this Regulation.

4. Comply with the requirements of the administrative procedure-implementing agency and pay any fees and charges (if applicable) as prescribed.

Article 24. Enterprises providing services and infrastructure

1. Provide a system including servers, transmission lines, security equipment, and software for delivering online public services and an interconnected electronic one-stop service, ensuring quality.

2. Provide quality assurance services in accordance with Clauses 2, 3, and 4, Article 4 of Decision No. 80/2014/QD-TTg dated December 30, 2014, of the Prime Minister on piloting the outsourcing of information technology services in State agencies.

3. Operate and manage the system, ensuring information security and stable operation 24/7 on the Internet; allocate resources to support units in the operation and use process (if requested); promptly resolve and fix system failures.

Chapter V

RECEIVING AND PROCESSING FEEDBACK AND SUGGESTIONS REGARDING ONLINE PUBLIC SERVICES AND THE INTERCONNECTED ELECTRONIC ONE-STOP SYSTEM

Article 25. Receiving feedback and suggestions

1. Agencies implementing public administrative procedures shall publicly disclose their office addresses, email addresses, and telephone numbers on the system to receive and respond to suggestions and requests from organizations and individuals regarding the implementation of online public services and the interconnected electronic one-stop system.

2. Organizations and individuals have the right to submit feedback and suggestions related to the handling of administrative procedures through the following methods:

a) Via email;

b) Through the phone number on the system;

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

d) Submit directly in writing.

Article 26. Handling of feedback and suggestions

Regarding feedback and suggestions on the resolution of administrative procedures from organizations and individuals, within 03 (three) working days from the date of receiving the feedback and suggestions, the agencies implementing the administrative procedures, in coordination with relevant agencies and units, are responsible for providing feedback to the organizations and individuals.

Chapter VI

IMPLEMENTATION

Article 27. Reporting regime

On a three-monthly basis, the Department of Information and Communications is responsible for reporting to the People's Committee of Nghe An province on:

a) The current status of the implementation of the online public service portal and the interconnected electronic one-stop system in Nghe An province by agencies performing administrative procedures;

b) The situation regarding the provision of online public services as stipulated in Article 4 of this Regulation;

Article 28. Rewards and penalties for violations

1. Annually, the Department of Information and Communications, in coordination with the Department of Home Affairs and the Department of Justice, evaluates and ranks the application and implementation of administrative procedures by units based on the results of publicizing procedures and processing administrative documents on the provincial system. Based on this, they propose to the Provincial People's Committee for consideration of awards according to regulations.

2. Officials and employees under the direct supervision of agencies and units that perform the procedures and achieve outstanding results in complying with and implementing this Regulation will be considered for commendation in accordance with regulations.

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

Article 29. Enforcement Provisions

During the implementation process, if any difficulties or issues arise, agencies and units are requested to promptly report them to the Department of Information and Communications for compilation and submission to the Provincial People's Committee for consideration and appropriate amendments or additions.

Provincial People's Committee