DECISION

APPROVING THE 2007-2010 SCHEME ON SIMPLIFICATION OF ADMINISTRATIVE PROCEDURES IN THE STATE MANAGEMENT DOMAINS

THE PRIME MINISTER

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the Prime Minister's Decision No. 136/2001/QD-TTg of September 17, 2001, approving the 2001-2010 overall program on the state administrative reform;
Pursuant to the Prime Minister's Decision No. 94/2006/QD-TTg of April 27, 2006, approving the 2006-2010 plan on administrative reform;
At the proposal of the Minister-Director of the Government Office,

DECIDES:

Article 1.- To approve the 2007-2010 Scheme on simplification of administrative procedures in the state administrative domains.

Article 2.- To assign the Government Office to assume the prime responsibility for, monitor and urge ministries, ministerial-level agencies, government-attached agencies and provincial/municipal People's Committees in, the implementation of this Scheme.

Article 3.- This Decision takes effect after its signing.

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PRIME MINISTER




Nguyen Tan Dung

2007-2010 SCHEME

ON SIMPLIFICATION OF ADMINISTRATIVE PROCEDURES IN THE STATE MANAGEMENT DOMAINS
(Approved together with the Prime Minister's Decision No. 30/QD-TTg of January 10, 2007)

I. BACKGROUND

The first phase (2001-2005) of the 2001-2010 overall program on the state administrative reform which was approved by the Prime Minister (together with his Decision No. 136/2001/QD-TTg of September 17, 2001) has ended. The first phase-review report of the Government's Steering Committee for administrative reform affirmed that over the past five years, the administrative reform has been carried out comprehensively in all management domains, creating recognizable changes. Administrative reform is identified as one of the important solutions to implementation of the socio-economic development strategy and incremental renewal of the political system.

In order to accelerate the successful performance of the five-year (2006-2010) socio-economic tasks, especially when Vietnam has officially become a member of the World Trade Organization (WTO), and to achieve the objective of building a democratic, clean, strong, professional, effective and efficient administration, which centers on the people and enterprises, the Government has mapped out the 2006-2010 plan on state administrative reform. One of the central tasks of this plan is to formulate and organize the implementation of a scheme on simplification of administrative procedures in the state management domains. Studies of the world's experience in administrative reform show that simplification of administrative procedures is the key task of programs on modernization of administration of the governments of developed countries.

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Results of administrative reform over the past years show that the relationship between state administrative bodies and people as well as enterprises has been improved remarkably, through a series of measures such as reform of administrative procedures in association with the application of the OSS mechanism; making public and transparent regulations on administrative reform; reviewing, amending and abolishing administrative procedures towards simplicity and convenience for citizens and enterprises.

Apart from the results and positive changes in various administrative management domains and administrative procedures, there still remains a fairly common tendency that administrative bodies create convenience for themselves but difficulties for individuals, organizations and enterprises; still exists the ideology of subsidy and sectionalism among ministries and branches in the formulation and promulgation of administrative procedures; and the lack of responsibility in inspection of the implementation organization. Hence, administrative procedures remain troublesome and complicated, causing difficulties for individuals, organizations and enterprises, missing investment opportunities and hindering production capacity of various economic sectors in society. Specifically:

- Administrative procedures in the relationship between state administrative bodies and individuals, organizations and enterprises, and between state administrative agencies themselves have not yet ensured the consistency and uniformity, remaining cumbersome, overlapping, contradictory and unreasonable; they were promulgated by various levels and agencies in various forms of legal document;

- Business conditions remain to be hindrances and obstacles to production and business of citizens and enterprises. There exist not a few business conditions favorable for management agencies but unfavorable for citizens and enterprises;

- The system of administrative application and declaration forms in administrative procedural dossiers issued by state administrative bodies still lacks consistency, with many irrational provisions, causing troubles to individuals, organizations and enterprises, which, however, are late to be standardized towards simplicity and convenience; lacks a strict control of publicity, transparency, uniformity and rationality in terms of their contents and forms. This situation has caused a lot of troubles and difficulties to individuals, organizations and enterprises, giving rise to harassment and negative acts;

- In addition to the limitations in contents of regulations on administrative procedures, weaknesses were also seen in the organization of implementation. Many provisions on administrative mechanisms, policies and procedures are incompatible with realities but late to be detected for timely adjustment and amendment. Though recognized for long, this situation has not yet been redressed.

The above limitations and shortcomings are attributed to the following:

First, the state management awareness and thinking of not a few officials and employees, including key leaders, are late to be renewed, as reflected in their desires to impose strict management, to take upon themselves others' business or impose their ideas on others, which are quite common in different branches and at different levels.

Second, administrative procedures constitute a broad and complicated issue related to different subjects in society and associated with the powers of various state administrative bodies and authorities. In not a few cases, the implementation of administrative procedures also means the abolition of powers and benefits they bring about. Therefore, it is opposed by a section of cadres and civil servants.

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Fourth, current administrative procedures are implemented part by part, lacking transferability and coordination, requiring individuals, organizations and enterprises to contact different agencies in carrying out the procedures.

Fifth, there still lacks a mechanism strong enough bind on state administrative bodies in the receipt and prompt handling of reports and petitions of individuals, organizations and enterprises regarding inappropriate mechanisms or administrative procedures.

II. OBJECTIVES, REQUIREMENTS AND SCOPE OF THE SCHEME

1. Objectives

To simplify administrative procedures in the state management domains with a view to ensuring their uniformity, consistency, simplicity, publicity and transparency; creating favorable conditions for individuals, organizations and enterprises to access and implement administrative procedures; raising effectiveness and efficacy of the state management and promoting socio-economic development; contributing to the prevention and combat of corruption and waste.

2. Requirements

- Administrative procedures in each management domain, business conditions, administrative application and declaration forms in administrative procedural dossiers must be considered and evaluated for abolition or amendment towards simplicity and convenience for individuals, organizations and enterprises;

- Administrative handling processes, business conditions, administrative application and declaration forms as well as administrative procedures must be standardized and publicized for all individuals, organizations and enterprises to know and implement;

- There must be effective legal mechanisms for state administrative bodies to receive and handle reports and petitions of individuals, organizations and enterprises regarding inappropriate administrative mechanisms, policies or procedures;

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3. Scope

Administrative procedures shall be simplified in the state management domains, in the relationship between state administrative bodies and individuals, organizations as well as enterprises, and among state administrative bodies.

III. CONTENTS OF THE SCHEME

Sub-scheme 1: Simplification of administrative procedures in each state management domain

1. Objectives

To systemize and comprehensively assess the current state administrative procedures, detect shortcomings, thereby mapping out solutions to handling and perfecting the system of administrative procedures towards simplicity and convenience for individuals, organizations and enterprises.

2. Contents

a/ Making statistics on and gathering administrative procedures related to individuals, organizations and enterprises in each state management domain which fall within the handling competence of ministries, ministerial-level agencies or government-attached agencies; of professional bodies attached to and of People's Committees at all levels (provincial, district, commune), and within the functions and scope of state management of ministries, ministerial-level agencies and government-attached agencies;

b/ Revising, assessing administrative procedures and the organization of implementation of administrative procedures in different aspects: legal provisions; handling processes; procedural dossiers; handling competence; transferability, coordination, discipline and order in the handling of administrative procedures; difficulties and obstacles for individuals, organizations and enterprises in carrying out administrative procedures; time limit for the handling of administrative procedures; feasibility and appropriateness of administrative procedures; charges and fees;

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d/ Considering, amending, abolishing according to competence or proposing competent authorities to consider, amend or abolish inappropriate administrative procedures, which cause difficulties to production and business of enterprises and the people's life;

e/ Studying for promulgation according to competence or proposing competent agencies to promulgate regulations on administrative procedural dossiers, the decentralization of, the mechanism of transferability, responsibilities for coordination as well as discipline and order in, the handling and implementation of administrative procedures, codifying regulations on administrative procedures (when necessary) in order to create conditions for individuals, organizations and enterprises to access and carry out administrative procedures quickly, easily and conveniently;

f/ Summing up suggestions and proposals of ministries, ministerial-level agencies, government-attached agencies and provincial/municipal People's Committees on the amendment and abolition of administrative procedures provided in legal documents of the Prime Minister, the Government, the National Assembly Standing Committee and the National Assembly;

g/ Drafting and submitting to the Government a decree on simplification of administrative procedures so as to amend and abolish those which are inappropriate in legal documents of the Government and the Prime Minister in the direction that this decree amends many other decrees;

h/ Drafting and submitting to the Government a law on simplification of administrative procedures so as to amend and abolish those which are inappropriate in law and ordinances in the direction that this law amends many other laws and ordinances;

i/ Establishing a database on administrative procedures in each state management domain;

j/ Making a final-review report on this sub-scheme.

3. Division of responsibility for implementation

3.1. Ministries, ministerial-level agencies, government-attached agencies:

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- To establish databases on administrative procedures in their management branches and domains for publicization on their respective websites;

- To supply the Government Office with databases on administrative procedures in their management branches and domains; to coordinate with the Government Office in establishing databases on administrative procedures for publicization on the Government website.

- Biannually, to report to the Prime Minister on the implementation situation and results.

3.2. Provincial/municipal People's Committees:

- To coordinate with ministries, ministerial-level agencies and government-attached agencies in the latter's performance of the task of simplification of administrative procedures mentioned in Section 3.1.

- To revise, assess administrative procedures which fall under the promulgating competence of local authorities and are related to individuals, organizations and enterprises;

- To amend, abolish administrative procedures falling under their promulgating competence which are inappropriate and cause difficulties to individuals, organizations and enterprises;

- To propose the Prime Minister, ministries, ministerial-level agencies or government-attached agencies to amend or abolish inappropriate administrative procedures which fall under the promulgating competence of central state management agencies.

- To make public and transparent administrative procedures in order to create conditions for citizens, organizations and enterprises to get easy and convenient access to and carry out administrative procedures;

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- To promulgate according to its competence or propose the Prime Minister to direct functional agencies in promulgating regulations on the mechanism of transferability, responsibility for coordination, discipline and order in the handling of administrative procedures related to individuals, organizations and enterprises;

- Biannually, to report to the Prime Minister on the implementation situation and results;

- To make reports on final review of the sub-scheme.

3.3. The Government Office:

- To urge ministries, ministerial-level agencies, government-attached agencies and provincial/municipal People's Committees in performing the task of simplifying administrative procedures according to the provisions of Sections 3.1 and 3.2;

- To perform the task of simplifying administrative procedures according to the provisions of Points f, g and h, Section 2;

- To assume the prime responsibility for, and coordinate with the Government website, ministries, ministerial-level agencies, government-attached agencies and provincial/municipal People's Committees in, establishing a database on administrative procedures and publicize it on the Government website;

- To make final-review reports on the sub-scheme.

4. Products

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- Legal documents of ministries, ministerial-level agencies, government-attached agencies or provincial/municipal People's Committees, amending or abolishing administrative procedures which fall under their competence and are inappropriate and cause difficulties to individuals, organizations and enterprises;

- Legal documents of ministries, ministerial-level agencies, government-attached agencies or provincial/municipal People's Committees or draft legal documents of the Government or the Prime Minister, providing for administrative procedures, the decentralization of the handling of administrative procedures, the mechanism of transferability and coordination responsibility, discipline and order in the handling of administrative procedures, the codification of regulations on administrative procedures (when necessary);

- The Government's sum-up reports on suggestions and proposals of ministries, ministerial-level agencies, government-attached agencies and provincial/municipal People's Committees regarding the amendment or abolition of inappropriate administrative procedures provided in legal documents of the Prime Minister, the Government, the National Assembly or the National Assembly Standing Committee;

- Draft decrees on the simplification of administrative procedures;

- A bill on the simplification of administrative procedures;

- Final-review reports on the sub-scheme of ministries, ministerial-level agencies, government-attached agencies or provincial/municipal People's Committees.

5. Implementation schedule

- Time for execution of the sub-scheme: From January 2007 to December 31, 2010;

- Time for ministries, ministerial-level agencies and government-attached agencies to perform the tasks defined at Points a, b, c, d and e, Section 2: From January 2007 to December 31, 2007;

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- Time for provincial/municipal People's Committees to perform the task of simplifying administrative procedures defined in Section 3.2: From January 2007 to October 15, 2010;

- Time for the Government Office to perform the tasks specified in Section 3.3: From January 15, 2007 to October 15, 2010. Specifically:

+ To submit to the Government a draft decree on simplification of administrative procedures: Before August 20, 2008;

+ To submit to the Government a bill on simplification of administrative procedures: Before October 20, 2008.

- Time for ministries, ministerial-level agencies, government-attached agencies and provincial/municipal People's Committees to send to the Scheme Administration Board reports on final review of the sub-scheme: Before October 15, 2010.

Sub-scheme 2: Simplification of business conditions

1. Objectives:

To establish a transparent, reasonable and uniform system of business conditions, which meets the requirements of state management tasks, on the one hand, and the requirements for simplification, cost- and time-reduction for citizens and enterprises of all economic sectors, on the other.

2. Contents

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b/ Revising, evaluating each type of business conditions on the following aspects: legal provisions; their suitability and feasibility; difficulties and obstacles for people and enterprises when implementing regulations on business conditions; and relevant issues;

c/ Making reports on the simplification of business conditions; collecting opinions of citizens, relevant enterprises and organizations on draft reports and submitting them to the Scheme Administration Board for consideration and comment;

d/ Drafting and submitting to the Government a decree on simplification of business conditions for modification and abolition of inappropriate ones which fall under the deciding competence of the Government along the direction that this decree amends many other decrees;

e/ Drafting and submitting to the Government a law on simplification of business conditions for modification or abolition of inappropriate ones which are provided for in laws or ordinances along the direction that this law amends many other laws and ordinances;

f/ Establishing a database on business conditions in each state management domain;

g/ Biannually, reporting to the Prime Minister on the implementation situation and results;

h/ Making final-review reports on the sub-scheme.

3. Division of responsibility for implementation

3.1. Implementing agency: The Ministry of Planning and Investment.

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Ministries, ministerial-level agencies, government-attached agencies and provincial/municipal People's Committees shall coordinate with the Ministry of Planning and Investment in the implementation of this Scheme.

4. Products

- Reports on simplification of business conditions;

- A draft decree on simplification of business conditions;

- A bill on simplification of business conditions;

- Database system on business conditions in each state management domain, which will be established and publicized on websites of the Government, ministries, branches and localities;

- Final-review reports on the sub-scheme.

5. Implementation schedule

- Time for implementation of the sub-scheme: From January 2007 to December 31, 2008;

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- Time for submission to the Government for comment the decree on simplification of business conditions: Before February 20, 2008;

- Time for submission to the Government the bill on simplification of business conditions: Before June 20, 2008.

Sub-scheme 3: Simplification of administrative application and declaration forms in administrative procedural dossiers

1. Objectives

To ensure uniformity and consistency in the issuance, management and use of administrative application and declaration forms in administrative procedural dossiers; to combat the abuse of administrative application and declaration forms for sectional benefits, which causes difficulties to individuals, organizations and enterprises; to ensure simplicity, comprehensibility, usability and convenience in the access to and use of administrative application and declaration forms.

2. Contents

a/ Making statistics on and gather administrative application and declaration forms in administrative procedural dossiers in each state management domain which fall under the processing competence of ministries, ministerial-level agencies, or government-attached agencies; the processing competence of specialized bodies attached to or of People's Committees of all levels (provincial, district and commune) and within the functions and state management scope of ministries, ministerial-level agencies or government-attached agencies;

b/ Revising, evaluating administrative application and declaration forms in the following aspects: contents, presentation, languages, promulgating competence and relevant issues;

c/ Standardizing administrative application and declaration forms in the state management branches and domains towards simplicity, comprehensibility and convenience for users;

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e/ Promulgating new administrative application and declaration forms or modifying or annulling those forms which are inappropriate;

f/ Requesting provincial/municipal People's Committees to immediately annul those administrative application and declaration forms which are inappropriate or promulgated by local authorities ultra vires;

g/ Establishing a database on administrative application and declaration forms in administrative procedural dossiers for branches and domains under their management;

h/ Making final-review reports on the sub-scheme.

3. Division of responsibility for implementation

3.1. Ministries, ministerial-level agencies and government-attached agencies:

- To perform the task of simplifying administrative application and declaration forms according to the provisions of Section 2;

- To establish databases on administrative application and declaration forms in branches and domains under their management for publicization on their respective websites;

- To supply the Government Office with databases on administrative application and declaration forms in branches and domains under their management; to coordinate with the Government Office in establishing databases on administrative application and declaration forms for publicization on the Government's website;

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3.2. Provincial/municipal People's Committees:

- To coordinate with ministries, ministerial-level agencies and government-attached agencies in organizing the implementation of the sub-scheme;

- To abolish inappropriate administrative application and declaration forms in administrative procedural dossiers at the request of ministries, ministerial-level agencies or government-attached agencies or those which are promulgated ultra vires.

- To publicize administrative applications and declaration forms;

- To establish databases on administrative application and declaration forms on websites of provinces or centrally run cities, databases of ministries, ministerial-level agencies or government-attached agencies;

- To report biannually to the Prime Minister on the implementation situation and results;

- To make final-review reports on the sub-scheme.

3.3. The Government Office:

- To urge ministries, ministerial-level agencies, government-attached agencies and provincial/municipal People's Committees to perform the task of simplifying administrative application and declaration forms according to the provisions of Sections 3.1 and 3.2;

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4. Products

- Reports on simplification of administrative application and declaration forms of ministries, ministerial-level agencies or government-attached agencies;

- Decisions of ministries, ministerial-level agencies or government-attached agencies, promulgating administrative application and declaration forms;

- Systems of databases on administrative application and declaration forms in administrative procedural dossiers in the management domains which are established and publicized on websites of the Government, ministries, branches and localities;

- Final-review reports on the sub-scheme of ministries, ministerial-level agencies, government-attached agencies or provincial/municipal People's Committees.

5. Implementation schedule

- Time for implementation of the sub-scheme: From January 2007 to December 31, 2008;

- Time for ministries, ministerial-level agencies and government-attached agencies to perform the tasks defined in Section 3.1: From January 2007 to December 31, 2007;

- Time for submission to the Scheme Administration Board the reports on simplification of administrative application and declaration forms: Before December 31, 2007;

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- Time for the Government Office to perform the tasks defined in Section 3.3: From January 2007 and December 31, 2008.

Sub-scheme 4: Formulating mechanisms for receipt and handling of reports and petitions of individuals, organizations and enterprises on inappropriate administrative mechanisms, policies or procedures

1. Objectives

To promptly adjust, amend and perfect administrative mechanisms, policies or procedures which are no longer suitable to reality, causing difficulties to individuals, organizations and enterprises; to raise the efficiency of the receipt and handling of reports and petitions on administrative mechanisms, policies or procedures of state administrative agencies.

2. Contents

a/ Studying, evaluating the actual situation on receipt and handling of reports and petitions of individuals, organizations and enterprises on administrative mechanisms, policies or procedures of agencies in the state administrative system;

b/ Drafting and submitting to the Government a decree providing for the receipt and handling of reports and petitions of individuals, organizations and enterprises on administrative mechanisms, policies or procedures;

c/ Collecting opinions of managers, scientists, individuals, organizations and enterprises on the draft decree before submitting it to the Government for consideration and decision;

d/ Making final-review reports on the sub-scheme.

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3.1. Implementing agency: The Government Office.

3.2. Coordinating agencies: ministries, ministerial-level agencies, government-attached agencies and People's Committees at all levels.

Ministries, ministerial-level agencies, government-attached agencies and People's Committees at all levels shall assist and create conditions for the Government Office to perform the assigned tasks.

4. Products

- Reports evaluating the actual situation of receipt and handling of reports and petitions on inappropriate administrative mechanisms, policies and procedures of agencies in the state administrative system;

- A draft decree of the Government providing for the receipt and handling of reports and petitions of individuals, organizations and enterprises on mechanisms, policies or administrative procedures.

5. Implementation schedule

- Time for implementation of the sub-scheme: From January 2007 to December 31, 2007.

- Time for submission to the Government the draft decree providing for the receipt and handling of reports and petitions of individuals, organizations and enterprises on administrative mechanisms, policies and procedures: The fourth quarter of 2007.

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1. Division of responsibility for implementation

1.1. The Government Office:

- To perform and take responsibility before the Prime Minister and the Scheme Administration Board for the tasks assigned by the Prime Minister and defined in the Scheme;

- To assume the prime responsibility for, and coordinate with the Ministry of Planning and Investment and the Ministry of Home Affairs in, mobilizing international resources for implementation of the 2007-2010 Scheme on simplification of administrative procedures in the state management domains.

1.2. The Ministry of Planning and Investment:

- To perform and take responsibility before the Prime Minister and the Scheme Administration Board for the tasks assigned by the Prime Minister and defined in the Scheme;

- To coordinate with the Government Office and the Ministry of Home Affairs in mobilizing international resources for implementation of the 2007-2010 Scheme on simplification of administrative procedures in the state management domains.

1.3. The Ministry of Finance

To arrange enough funding sources for the formulation and implementation of the Scheme according to the provisions of Circular No. 99/2006/TT-BTC of October 20, 2006; to conduct financial inspection in the implementation of the Scheme; to sum up the situation of annual fund allocation for sub-schemes and approve the final settlements of the completed sub-schemes;

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To coordinate with the Ministry of Planning and Investment and the Government Office in mobilizing international resources in support of the implementation of the Scheme.

1.5. The Ministry of Justice

To coordinate with the Government Office and the Ministry of Planning and Investment in drafting a bill on simplification of administrative procedures and a bill on simplification of business conditions. To include these two bills in the tentative legislative program of the XIIth National Assembly, ensuring the implementation schedule mapped out in the Scheme.

1.6. Ministries, ministerial-level agencies, government-attached agencies and provincial/municipal People's Committees:

- To take responsibility before the Prime Minister and the Scheme Administration Board for performance of the tasks assigned in each sub-scheme;

- To coordinate, within the ambit of their functions, with the prime agencies, in implementing the relevant contents mentioned in each sub-scheme and biannually to report to the Prime Minister on the implementation situation and results.

2. Implementation schedule

The Scheme's implementation schedule is defined in each sub-scheme. By the end of 2010 a final review will be organized to assess the results of implementation of the Scheme.

3. Requirements on human resources

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- A contingent of experts of ministries, branches and localities;

- Outstanding experts in relevant domains who are not on the payrolls of ministries, branches or localities.

3.2. On finance:

- Expenditures:

+ To elaborate programs and plans of sub-schemes;

+ To organize surveys at ministries, branches, localities and in foreign countries;

+ To investigate into, survey, make statistics on and gather administrative procedures, business conditions, application and declaration forms in administrative procedural dossiers and administrative procedures in the state management domains;

+ To hire consultants;

+ To organize seminars to collect opinions of scientists and managers;

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+ To organize training and implementation;

+ To establish databases and systems of databases on the websites of the Government, ministries and localities.

- Funding estimates for implementation of the 2007-2010 Scheme on simplification of administrative procedures in the state management domains:

Based on the Scheme already approved by the Prime Minister and detailed estimates made by the prime agencies, the Finance Ministry shall coordinate with the Ministry of Planning and Investment in arranging budget funds for implementation of the Scheme, which shall be allocated based on the annual demands.

Funds for implementation of each sub-scheme shall be assured within the annual budget estimates of the task-performing agencies defined in each sub-scheme.

4. Scheme Administration Board

To set up the Scheme Administration Board for simplification of administrative procedures in the state management domains during 2007-2010.

It is composed of the Minister-Director of the Government Office as its head and representatives of leaderships of the Ministry of Planning and Investment, the Ministry of Finance, the Ministry of Home Affairs, the Ministry of Justice and the National Assembly Office as its members; a representative of the leadership of the Administrative Reform Department of the Government Office as its secretary.

The Scheme Administration Board is assisted by a secretariat, comprising leaders and members of the Administrative Reform Department and a number of cadres and experts of the Government Office, the Ministry of Planning and Investment, the Ministry of Finance, the Ministry of Home Affairs, the Ministry of Justice and the National Assembly Office.

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The Administration Board may use the seal of the Government Office. The Minister-Director of the Government Office shall decide to set up the Administration Board, the secretariat and promulgate the working regulation of the Administration Board.

The Administration Board shall take responsibility before the Prime Minister for the results of implementation of the Scheme; consider, comment on and accept after test products of each sub-scheme; monitor and urge inspection by ministries, ministerial-level agencies, government-attached agencies and provincial/municipal People's Committees in performance of the assigned tasks; conduct final review of the Scheme, set tasks for the subsequent years and submit them to the Prime Minister for consideration and decision; and automatically dissolve after fulfilling their tasks.