Concerned about changes in the order and procedures for implementing administrative procedures when restructuring the apparatus, businesses propose that the principle must not be less favorable.
Streamlining the apparatus: Do not let administrative procedures become less convenient
Concerned about changes in the order and procedures for implementing administrative procedures when restructuring the apparatus, businesses propose that the principle must not be less favorable.
Solution for problems arising from organizational arrangement
Appropriate solutions to problems that may arise due to organizational restructuring have been proposed in the Draft Resolution of the National Assembly on handling some issues related to organizational restructuring. Accordingly, there are 2 groups of policies discussed.
Firstly, the group of policies stipulates the content and principles of handling related to the performance of functions, tasks and powers of agencies after the restructuring of the apparatus; the implementation of administrative procedures; the handling of a number of issues related to the performance of inspection functions; the handling related to the authority to sanction administrative violations when restructuring the apparatus; the value of documents and papers issued by agencies before restructuring the apparatus.
Of particular note in the above contents is the regulation on the value of documents and papers issued by agencies before the restructuring of the apparatus. For example, the regulation that documents continue to be effective until they are replaced, abolished or handled in another form according to the provisions of law or the principle that organizations and individuals are not required to issue new documents issued by agencies before the restructuring of the apparatus...
This policy group also stipulates the responsibility for organizing the smooth and uninterrupted implementation of administrative procedures after the arrangement.
Policy group 2 is to promulgate regulations on responsibilities and deadlines for reviewing and amending legal documents of relevant agencies.
This is to handle issues within the authority other than the contents that can be implemented according to the provisions of the Resolution; regulations on authority and responsibility for handling other contents arising after the implementation of the organizational arrangement that are not yet specified in the Resolution and some contents that need to be transferred related to the application and implementation of the law after the organizational arrangement.
Concerns before G hour
However, the business community is still concerned even though they have seen the very clear principle of the Draft Resolution, which is to ensure the smooth operation of the apparatus as well as of the people and businesses.
In a document sent to the Ministry of Justice for comments, the Vietnam Federation of Commerce and Industry (VCCI) mentioned the above issues.
First of all, the reorganization of the apparatus may lead to changes in the order and procedures for implementing administrative procedures without immediately amending legal documents.
The reorganization of the apparatus may lead to changes in the order of administrative procedures without immediately amending legal documents. 
The draft Resolution also has provisions on temporary guidance documents, but this provision “does not clearly state what the form of these temporary guidance documents for administrative procedures is, whether they are legal 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 very possible that this temporary guidance document has content on administrative procedures and processes that are different from the previous procedures and processes, and this will directly impact people and businesses. If it is not clarified, especially if there is no control over the issuance of this regulation, businesses are worried that more favorable administrative procedures will appear.
VCCI also discovered that the Draft does not have any content to handle cases where administrative procedures are being resolved during the transfer and arrangement phase.
In this case, there will be a situation where the agency before the arrangement receives the results, and the agency after the arrangement returns the results. The possibility of the procedure being delayed, affecting people and businesses is very clear if there is no principle for handling.
“For administrative procedures being processed during the transition period between agencies implementing the arrangement, organizations, individuals and entities do not need to resubmit or adjust previously submitted documents; the time for handling procedures remains unchanged to ensure continuity and convenience for individuals and entities when carrying out procedures,” VCCI recommended. Along with that, the agency representing enterprises is also waiting for a monitoring mechanism to ensure that there are no obstacles when organizations and individuals carry out procedures, in addition to general principles.
To be frank, the above 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 directly affected by the organizational arrangement. Of these, there are 160 laws, codes, 8 resolutions of the National Assembly, 10 ordinances, 2 resolutions of the National Assembly Standing Committee, 833 decrees, 1 resolution of the Government, 287 decisions of the Prime Minister, 3 directives of the Prime Minister, and 3,722 ministerial documents.
The number of documents affected locally is also not small. The specific number according to the review of 37 localities is 1,291 and is being updated.
Meanwhile, the Draft Resolution currently requires that temporary or revised documents of state management agencies be completed soon, taking effect simultaneously with the effect of this Resolution. The goal is to handle issues under the authority of that agency, while ensuring a full legal basis for the operations of the agencies after restructuring the apparatus, avoiding the appearance of legal gaps.
Thus, there is not much time left to carry out the work because the Draft is being consulted by the Ministry of Justice to complete and submit to the Government, preparing documents for the Government to submit to the National Assembly in the extraordinary session next February.
Source: https://baodautu.vn/sap-xep-tinh-gon-bo-may-khong-de-thu-tuc-hanh-chinh-kem-thuan-loi-hon-d240687.html
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