ADMINISTRATIVE PROCEDURES REVIEW

CONTENT, METHODOLOGY AND INSTRUMENTS

Presented by: Nguyen Viet Anh, Member of the Prime Minister’s Special Task Force for Administrative Procedures Reform

Hanoi, June 2009

Scope of Work

• Review the entire inventory of administrative procedures:

– All administrative procedures existing in the national database of administrative procedures

• Review in depth administrative procedures that businesses and citizens are most concerned with:

– Administrative procedures that the business community is most concerned with

– Adequate resources to accomplish the review with high quality and within the required timeframe

2

3

• Needs of the private sector

• Consideration of cost and benefit for the State

• Balance in terms of rights and obligations between public and private sectors = equity

PUBLIC SECTOR PRIVATE SECTOR

Review Principles

4

Ministries, Ministries, Local Local AuthoritiesAuthorities Review UnitReview Unit

AP InventoryAP Inventory

AP DatabaseAP Database

Review by Government

1) Legality?2) Neccesity?3) Reasonableness?

Review by Industry

1) Legality?2) Necessity?3) Reasonableness?

Review by STF

1) Legality?2) Neccesity?3) Reasonableness

Pu

blic

ac

ce

ss

to th

e A

P d

ata

ba

se

on

Inte

rne

t

Repeat this approach for newly issued, and amended APs

““Guilotine”Guilotine” DeadlineDeadline

Guillotine Approach to ReviewGuillotine Approach to Review

Ministries and Local

Authorities(through TFs)

Government of Vietnam

RECOMMENDATIONS

Advisory Council

(synthesized information)

32

+3

STF

Businesses and Citizens (separate information)

Review Methodology

Roles and Responsibilities of Stakeholders during the Review Process

7

Direct Review Units Task Forces STF

Advisory Council and the Public

• Fill in Forms 2, 2a, 2b for each AP, form, application, requirement/condition to perform the AP

• Implement recommendations of AP simplification approved by authorised agencies

• Organise and support activities of working groups

• Identify high priority APs

• Conduct the review, using Forms 3, 3a, 3b and other methods

• Put forward recommendations in the review report and attach Forms 3, 3a, 3b

• Citizens fill in Forms 3, 3a, 3b; express opinions and comments

• Train TFs and assistants to Advisory Council

• Organise, launch and support the review

• Review by category

• Study and prepare review report based on the reports by Advisory Council, Ministries and local authorities

• Consult

• Recommend alternatives to simplify the Aps for approval by the Government, the PM

• Supervise the implementation by Ministries and local authorities of approved recommendations

• Update the database

• Train review units

• Roll out the filling in Forms 2, 2a, 2b across review units

• Collate, analyse data and consult results with other stakeholders

• Prepare the report of the AP review, submit it to responsible agency for approval and send it to STF

• Review APs, forms, applications, requirements and conditions to carry out the Aps in terms of three main criteria:

– Legality, including review of regulations governing the respective Aps and related factors.

– Necessity: reason to keep the AP, does the AP address a particularly management need?

– Reasonableness: user friendly, easy to comply and implement

8

Review Content

Instruments

• Templates:

– Forms 2, 2a, 2b: for use by government agencies– Forms 3, 3a, 3b: for use by businesses and citizens

• Regulatory impact assessment– Light RIA

• Standard cost model (SCM)

9

10

12 aspects of review:

1. Authority to issue the AP2. Enforcement of governing regulations3. Existence of management need4. Overlap5. Economic6. Discremination7. Necessity8. Scope of application9. Processing time10. Required information11. Information presentation12. Financial and budgetary impact

Challenges

• Huge volume of APs to be reviewed

• Multiple stakeholders participating in the review process

• Great amount of technical resources required

• Tendency of slow pace of change and reform of AP issuing agencies

11

12

Success Factors

• Political will by senior leadership

• Adoption of mutually agreed principles and sequence

• Appropriate coordination of review roadmap

• Mobilisation of adequate resources

• Participation of all stakeholders, awareness of Project 30 and public support –

through communication and use of media

Thank you very much!

www.thutuchanhchinh.vn

13