Do not make administrative procedures less convenient

Concerned about changes to the order and procedures of administrative processes when restructuring the organization, businesses requested that the principle of streamlining procedures should not make them less favorable.

Streamlining and reorganizing the administrative apparatus: Preventing administrative procedures from becoming less convenient.

Concerned about changes to the order and procedures of administrative processes when restructuring the organization, businesses requested that the principle of streamlining procedures should not make them less favorable.

Solutions for issues arising from organizational restructuring.

The proposed solutions to address potential issues arising from organizational restructuring have been outlined in the Draft Resolution of the National Assembly on handling certain issues related to organizational restructuring. Accordingly, two main groups of policies are discussed.

Firstly, the policy group stipulates the content and principles for handling matters related to the performance of functions, tasks, and powers of agencies after organizational restructuring; the implementation of administrative procedures; the handling of certain issues related to the performance of inspection functions; the handling of matters related to the authority to impose administrative penalties during organizational restructuring; and the validity of documents and papers issued by agencies before organizational restructuring.

Of particular interest are the regulations concerning the validity of documents and papers issued by agencies prior to the reorganization of the organizational structure. For example, regulations stipulating that documents remain in effect until they are replaced, repealed, or otherwise disposed of according to the law, or the principle that organizations and individuals should not be required to reissue documents issued by agencies before the reorganization...

This policy group also stipulates the responsibility for ensuring the smooth and uninterrupted implementation of administrative procedures after the restructuring.

Policy Group 2 involves issuing regulations on the responsibilities and deadlines for reviewing and amending legal documents by relevant agencies.

This aims to address issues within the scope of authority beyond those that can be handled according to the provisions of the Resolution; regulations on the authority and responsibility for handling other issues arising after the reorganization of the organizational structure that are not regulated in the Resolution; and some transitional issues related to the application and implementation of laws after the reorganization of the organizational structure.

Concerns before the big moment

However, the business community remains concerned despite seeing the very clear principle in the Draft Resolution: ensuring the smooth operation of the government apparatus as well as for citizens and businesses.

In its submission to the Ministry of Justice for comments, the Vietnam Chamber of Commerce and Industry (VCCI) mentioned these issues.

Firstly, the reorganization of the administrative apparatus may lead to changes in the sequence and procedures for carrying out administrative procedures, without the immediate need to amend existing legal documents.

The reorganization of the administrative apparatus may lead to changes in the sequence of administrative procedures without immediate amendments to existing legal documents.

The draft Resolution also includes provisions on temporary guidance documents, but this provision "does not clearly state the form of these temporary guidance documents for administrative procedures—whether they are legal normative documents or administrative documents. What is the legal effect of such legal documents? What is the duration of these temporary documents?", VCCI explained its concerns in a document sent to the Ministry of Justice.

Because it is highly likely that this temporary guidance document contains provisions regarding administrative procedures that differ from previous ones, and this will directly impact citizens and businesses. Without clarification, and especially without oversight of the issuance of this regulation, businesses fear that more favorable administrative procedures will emerge.

VCCI also found that the draft lacked provisions for handling administrative procedures that are currently being processed during the transition and restructuring phase.

In this case, a situation will arise where the agency before the scheduled time receives the results, while the agency after the scheduled time returns the results. The likelihood of procedural delays, affecting citizens and businesses, is very high if no handling principles are established.

"For administrative procedures currently being processed during the transition period between agencies implementing the restructuring, individuals and organizations do not need to resubmit or amend previously submitted documents; the processing time will remain unchanged to ensure continuity and convenience for individuals and organizations when carrying out the procedures," VCCI proposed. Along with this, the business representative agency is also awaiting a monitoring mechanism to ensure there are no obstacles when organizations and individuals carry out the procedures, in addition to general principles.

To be frank, these concerns are well-founded, because according to the results of the review of the system of legal documents, there are currently about 5,026 documents that are directly affected by the reorganization of the administrative apparatus. Among these are 160 laws and codes, 8 resolutions of the National Assembly, 10 ordinances, 2 resolutions of the Standing Committee of the National Assembly, 833 decrees, 1 resolution of the Government, 287 decisions of the Prime Minister , 3 directives of the Prime Minister, and 3,722 ministerial-level documents.

The number of affected documents at the local level is also significant. The specific figure, based on a review of 37 localities, is 1,291 and is still being updated.

Meanwhile, the draft resolution currently requires that temporary or amended documents of state management agencies be finalized early and take effect simultaneously with the effective date of this resolution. The goal is to address issues within the jurisdiction of those agencies, while ensuring a complete legal basis for the operation of these agencies after organizational restructuring, avoiding any legal vacuum.

Therefore, time is running out for these tasks because the draft is currently being reviewed by the Ministry of Justice for finalization before being submitted to the Government, in preparation for the Government's submission to the National Assembly during the extraordinary session in February.

Source: https://baodautu.vn/sap-xep-tinh-gon-bo-may-khong-de-thu-tuc-hanh-chinh-kem-thuan-loi-hon-d240687.html