| Số hiệu | 116/QĐ-BGTVT |
| Loại văn bản | Quyết định |
| Cơ quan | Bộ Giao thông vận tải |
| Ngày ban hành | 29/01/2022 |
| Người ký | Lê Đình Thọ |
| Ngày hiệu lực | |
| Tình trạng |
|
MINISTRY OF TRANSPORT |
THE SOCIALIST REPUBLIC OF VIETNAM |
|
No. 116/QD-BGTVT |
Hanoi, January 29, 2022 |
PROMULGATING 2022 PLAN FOR CUTTING AND SIMPLIFYING BUSINESS REGULATIONS OF THE MINISTRY OF TRANSPORT
THE MINISTER OF TRANSPORT
Pursuant to the Government’s Decree No. 12/2017/ND-CP dated February 10, 2017 defining functions, tasks, entitlements and organizational structure of the Ministry of Transport;
Pursuant to the Government’s Resolution No. 68/NQ-CP dated May 12, 2020 promulgating program for cutting and simplifying business regulations during 2020 - 2025;
Pursuant to the Government’s Resolution No. 01/NQ-CP dated January 08, 2022 on primary tasks and solutions for implementing the 2022 socio - economic development plan and state budget estimate;
At the request of the Director General of the Department of Legal Affairs,
HEREBY DECIDES:
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Article 2. This Decision comes into force from the day on which it is signed.
Article 3. Chief of the Ministry Office, Chief Inspector of the Ministry, Directors General, Director General of Directorate for Roads of Vietnam, Directors General of Departments, heads of authorities and units affiliated to the Ministry are responsible for the implementation of this Decision./.
PP. THE MINISTER
THE DEPUTY MINISTER
Le Dinh Tho
FOR CUTTING AND SIMPLIFYING BUSINESS REGULATIONS OF THE
MINISTRY OF TRANSPORT
(Promulgated together with the Decision
No. 116/QD-BGTVT dated January 29, 2022 of the Ministry of Transport)
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2. Immediately cut or simplify unnecessary, unreasonable and illegal regulations specified in applicable documents which obstruct and make trouble for enterprises and the people, thereby contributing to improving the efficiency, accomplishing the objective for state management and boosting enterprise development.
3. Ensure the publicity and transparency; heighten responsibility of heads of state administrative agencies at all levels for reforming business regulations in the transport field.
4. Adhere to the international agreements, including Free Trade Agreements to which Vietnam is a signatory.
II. OBJECTIVES, REQUIREMENTS AND SCOPE OF EXECUTION
1. Objectives
a) During 2020 - 2025, cut and simplify at least 20% of the number of regulations and reduce at least 20% of costs of compliance with business regulations in effective legislative documents by May 31, 2022 which are consolidated and for which the compliance costs are calculated; minimize the number of applicable documents providing for business regulations within the power of Ministers, heads of ministerial agencies, Prime Minister and Government.
b) On the basis of the rate of reduction and simplification of business regulations under the state management of the Ministry of Transport approved by the Prime Minister in the Decision No. 1977/ QD-TTg dated November 24, 2021, the Directorate for Roads of Vietnam, Civil Aviation Authority of Vietnam, Vietnam Maritime Administration, Vietnam Railway Authority, Vietnam Register and Vietnam Inland Waterways Administration shall continue to carry out reviews, and cut and simplify 10% of the number of regulations and costs of compliance with business regulations in legislative documents under their management as required by the Government’s Resolution No. 01/NQ-CP dated January 08, 2022.
b) Tighten control of promulgation of documents containing business regulations in the transport field on the basis of legal regulations, especially administrative documents, circulars of Ministers and heads of ministerial agencies, decisions of the Prime Minister, decrees of the Government; prevent the emergence of unnecessary, unreasonable, and illegal regulations which make trouble for business activities of enterprises and the people.
2. Requirements
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b) Cut and simplify business regulations in the transport field in such a way that quantifies benefits brought to enterprises, the people and society, does not adversely affect activities, legitimate rights and interests of enterprises and the people; make sure that the state management objective is accomplished and no legal gaps are created in regulations of law.
c) Comply with the regulations set out in clause 3 Article 11 of the Law on Promulgation of Legislative Documents when promulgating an elaborating document related to business activities in a manner that integrates multiple contents in a document so as to minimize the number of elaborating documents, thereby ensuring the consistency and facilitating the implementation of and compliance with laws.
3. Scope of execution
Produce statistics, conduct reviews, calculate compliance costs, cut and simplify business regulations (consisting of regulations on administrative procedures including those on reporting; regulations on business requirements and conditions; regulations on specialized inspection of imports and exports; regulations on standards and technical regulations) set forth in decrees whose formulation is presided over by the Ministry of Transport and circulars promulgated by the Ministry of Transport.
1. Complete the statistical production, updating of data on and calculation of costs of compliance with business regulations under the management of the Ministry of Transport on the statistical software, conduct reviews under the guidance of the Office of the Government; submit a consolidated report on statistical results and results of calculation of costs of compliance with business regulations under the management of the Ministry of Transport to the Office of the Government for supervision; regularly update business regulations that are amended, supplemented, replaced or repealed and changes in compliance costs on the statistical software.
2. Preside over and cooperate with ministries and agencies concerned, Advisory Council for Administrative Procedure Reform in reviewing, cutting and simplifying business regulations under the management of the Ministry of Transport; prepare plans to cut and simplify business regulations and submit them to the Prime Minister by May 30 (first submission) and by September 30 (second submission) every year. Before being submitted to the Prime Minister, the plans must be sent to Ministries and agencies concerned to collect their comments (the plan to cut and simplify regulations on specialized inspection of imports and exports must be submitted to the Ministry of Finance to collect its comments).
3. Regularly hold dialogues or consultations, receive and collect comments of organizations, business associations and other entities about unreasonable regulations hindering business activities; about solutions and plans for cutting and simplifying business regulations, and proposed amendments to business regulations hindering business regulations to remove difficulties in business activities facing enterprises and the people.
4. Formulate, promulgate and propose promulgation of documents serving the execution of plans to cut and simplify (amend, supplement, replace or repeal) business regulations in the transport field after the plans are approved by the Prime Minister.
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6. Organize implementation of the communication plan to communicate results obtained to the people and enterprises during execution of the Plan.
1. Responsibilities of units
a) Department of Legal Affairs
- Act as the contact point to consolidate results of review, cutting and simplification of business regulations in the transport field.
- Supervise units implementing the 2022 plan for cutting and simplifying business regulations of the Ministry of Transport.
- Perform the assigned tasks provided in the Appendix hereof to meet the schedule.
b) Department of Science and Technology
- Act as the contact point to consolidate results of review, cutting and simplification of specialized inspection of imports and exports; regulations on standards and technical regulations in the transport field.
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c) Ministry Office
- Act as the contact point to consolidate results of review, cutting and simplification of regulations on administrative procedures and reporting regulations.
- Perform the assigned tasks provided in the Appendix hereof to meet the schedule.
- Provide funding for performing the assigned tasks provided in the Appendix hereof.
d) Directorate for Roads of Vietnam, Civil Aviation Authority of Vietnam, Vietnam Maritime Administration, Vietnam Railway Authority, Vietnam Register and Vietnam Inland Waterways Administration
- Perform the assigned tasks provided in the Appendix hereof to meet the schedule.
- Submit consolidated reports on cuts and simplifications in business regulations under their management.
- Provide resources for performing the assigned tasks provided in the Appendix hereof.
2. Funding for execution of the Plan is covered by the state budget allocated to the Ministry of Transport and other funding sources in accordance with prevailing regulations of law.
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PLAN FOR CUTTING AND
SIMPLIFYING BUSINESS REGULATIONS OF THE MINISTRY OF TRANSPORT
(Promulgated together with the Decision No. 116/QD-BGTVT dated January 29,
2022 of the Ministry of Transport)
No.
Task
Presiding authority
Contact point
Cooperating authority
Deadline
Result
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PRODUCTION OF STATISTICS AND CALCULATION OF COSTS OF COMPLIANCE WITH BUSINESS REGULATIONS
1
Produce statistics, fully update data and calculate costs of compliance with business regulations under management on software
Forms for producing statistics and calculating compliance costs which are completed as instructed (updated on the software system)
1.1
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Directorate for Roads of Vietnam, Civil Aviation Authority of Vietnam, Vietnam Maritime Administration, Vietnam Railway Authority, Vietnam Register, Vietnam Inland Waterways Administration
Ministry Office
Advisory Departments affiliated to Ministry of Transport, Information Technology Center
Entire year
1.2
Regulations on business requirements and conditions
Department of Transport affiliated to Directorate for Roads of Vietnam, Civil Aviation Authority of Vietnam, Vietnam Maritime Administration, Vietnam Railway Authority, Vietnam Register, Vietnam Inland Waterways Administration
Department of Legal Affairs
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Entire year
1.3
Regulations on specialized inspection of imports and exports; regulations on standards and technical regulations
Directorate for Roads of Vietnam, Civil Aviation Authority of Vietnam, Vietnam Maritime Administration, Vietnam Railway Authority, Vietnam Register, Vietnam Inland Waterways Administration
Department of Science and Technology
Advisory Departments affiliated to Ministry of Transport, Information Technology Center
Entire year
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Update and complete manipulation of data on software on business regulations when there are changes
Statistical data and data on calculation of compliance costs in the statistical software and review system.
2.1
Regulations on administrative procedures and reporting regulations
Directorate for Roads of Vietnam, Civil Aviation Authority of Vietnam, Vietnam Maritime Administration, Vietnam Railway Authority, Vietnam Register, Vietnam Inland Waterways Administration
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Advisory Departments affiliated to Ministry of Transport, Information Technology Center
On a regular basis in case of changes
2.2
Regulations on business requirements and conditions
Department of Transport affiliated to Directorate for Roads of Vietnam, Civil Aviation Authority of Vietnam, Vietnam Maritime Administration, Vietnam Railway Authority, Vietnam Register, Vietnam Inland Waterways Administration
Department of Legal Affairs
Advisory Departments affiliated to Ministry of Transport, Information Technology Center
On a regular basis in case of changes
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2.3
Regulations on specialized inspection of imports and exports; regulations on standards and technical regulations
Directorate for Roads of Vietnam, Civil Aviation Authority of Vietnam, Vietnam Maritime Administration, Vietnam Railway Authority, Vietnam Register, Vietnam Inland Waterways Administration
Department of Science and Technology
Advisory Departments affiliated to Ministry of Transport, Information Technology Center
On a regular basis in case of changes
3
Review business regulations under their management to service the formulation of the plan for cutting and simplification thereof
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3.1
Regulations on administrative procedures and reporting regulations
Directorate for Roads of Vietnam, Civil Aviation Authority of Vietnam, Vietnam Maritime Administration, Vietnam Railway Authority, Vietnam Register, Vietnam Inland Waterways Administration
Ministry Office
Advisory Departments affiliated to Ministry of Transport
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3.2
Regulations on business requirements and conditions
Department of Transport affiliated to Directorate for Roads of Vietnam, Civil Aviation Authority of Vietnam, Vietnam Maritime Administration, Vietnam Railway Authority, Vietnam Register, Vietnam Inland Waterways Administration
Department of Legal Affairs
Advisory Departments affiliated to Ministry of Transport
On a regular basis
3.3
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Directorate for Roads of Vietnam, Civil Aviation Authority of Vietnam, Vietnam Maritime Administration, Vietnam Railway Authority, Vietnam Register, Vietnam Inland Waterways Administration
Department of Science and Technology
Advisory Departments affiliated to Ministry of Transport
On a regular basis
1
Review and formulate review and assessment forms; forms for calculation of compliance costs; propose plans to cut and simplify business regulations and calculate compliance costs after simplification and send results to sent to the Ministry of Transport
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Review and assessment forms; forms for calculation of compliance costs; draft plans to cut and simplify business regulations of the Ministry of Transport
1.1
Regulations on administrative procedures and reporting regulations
Directorate for Roads of Vietnam, Civil Aviation Authority of Vietnam, Vietnam Maritime Administration, Vietnam Railway Authority, Vietnam Register, Vietnam Inland Waterways Administration
Ministry Office
Advisory Departments affiliated to Ministry of Transport
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1.2
Regulations on business requirements and conditions
Directorate for Roads of Vietnam, Civil Aviation Authority of Vietnam, Vietnam Maritime Administration, Vietnam Railway Authority, Vietnam Register, Vietnam Inland Waterways Administration
Department of Legal Affairs
Advisory Departments affiliated to Ministry of Transport
First time: March 2022 and Second time: July 2022
1.3
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Directorate for Roads of Vietnam, Civil Aviation Authority of Vietnam, Vietnam Maritime Administration, Vietnam Railway Authority, Vietnam Register, Vietnam Inland Waterways Administration
Department of Science and Technology
Advisory Departments affiliated to Ministry of Transport
First time: March 2022 and Second time: July 2022
2
Consolidate review and assessment forms; forms for calculation of compliance costs; formulate plans to cut and simplify business regulations and calculate compliance costs after simplification and send them to sent to the Department of Legal Affairs for consolidation
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Consolidated reports on review and assessment forms; forms for calculation of compliance costs; formulation of plans to cut and simplify business regulations and calculate compliance costs after simplification
2.1
Regulations on administrative procedures and reporting regulations
Ministry Office
Directorate for Roads of Vietnam, Civil Aviation Authority of Vietnam, Vietnam Maritime Administration, Vietnam Railway Authority, Vietnam Register, Vietnam Inland Waterways Administration, Advisory Departments affiliated to Ministry of Transport
First time: before March 31, 2022 and Second time: before July 31, 2022
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Regulations on business requirements and conditions
Department of Legal Affairs
Directorate for Roads of Vietnam, Civil Aviation Authority of Vietnam, Vietnam Maritime Administration, Vietnam Railway Authority, Vietnam Register, Vietnam Inland Waterways Administration, Advisory Departments affiliated to Ministry of Transport
First time: before March 31, 2022 and Second time: before July 31, 2022
2.3
Regulations on specialized inspection of imports and exports; regulations on standards and technical regulations
Department of Science and Technology
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Directorate for Roads of Vietnam, Civil Aviation Authority of Vietnam, Vietnam Maritime Administration, Vietnam Railway Authority, Vietnam Register, Vietnam Inland Waterways Administration, Advisory Departments affiliated to Ministry of Transport
First time: before March 31, 2022 and Second time: before July 31, 2022
1
Formulate and promulgate legislative documents serving the execution of plans to cut and simplify (amend, supplement, replace or repeal) business regulations under the management of the Ministry of Transport
- Authorities presiding over formulation: Directorate for Roads of Vietnam, Civil Aviation Authority of Vietnam, Vietnam Maritime Administration, Vietnam Railway Authority, Vietnam Register, Vietnam Inland Waterways Administration
- Authorities presiding over submission: Advisory Departments affiliated to the Ministry of Transport within their jurisdiction
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According to the program for formulation of legislative documents of the Ministry of Transport
Legislative documents serving the execution of plans to cut and simplify (amend, supplement, replace or repeal) business regulations under the management of the Ministry of Transport
2
Consolidate, update and adjust statistical forms and forms for calculation of compliance costs after simplification in the statistical software system to serve the monitoring and assessment of results of review, cutting and simplification of business regulations after the document (amending, supplementing, replacing or repealing) providing for business regulations is promulgated.
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2.1
Regulations on administrative procedures and reporting regulations
Directorate for Roads of Vietnam, Civil Aviation Authority of Vietnam, Vietnam Maritime Administration, Vietnam Railway Authority, Vietnam Register, Vietnam Inland Waterways Administration
Ministry Office
Advisory Departments affiliated to Ministry of Transport
On a regular basis
2.2
Regulations on business requirements and conditions
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Department of Legal Affairs
Advisory Departments affiliated to Ministry of Transport
On a regular basis
2.3
Regulations on specialized inspection of imports and exports; regulations on standards and technical regulations
Directorate for Roads of Vietnam, Civil Aviation Authority of Vietnam, Vietnam Maritime Administration, Vietnam Railway Authority, Vietnam Register, Vietnam Inland Waterways Administration
Department of Science and Technology
Advisory Departments affiliated to Ministry of Transport
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3
Report the execution of the plan for cutting and simplifying business regulations of the Ministry of Transport to the Ministry of Transport
Report on execution of the plan for cutting and simplifying business regulations
3.1
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Directorate for Roads of Vietnam, Civil Aviation Authority of Vietnam, Vietnam Maritime Administration, Vietnam Railway Authority, Vietnam Register, Vietnam Inland Waterways Administration
Ministry Office
Advisory Departments affiliated to Ministry of Transport
First time: before June 1, 2022 and Second time: before December 1, 2022
3.2
Regulations on business requirements and conditions
Directorate for Roads of Vietnam, Civil Aviation Authority of Vietnam, Vietnam Maritime Administration, Vietnam Railway Authority, Vietnam Register, Vietnam Inland Waterways Administration
Department of Legal Affairs
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First time: before June 1, 2022 and Second time: before December 1, 2022
3.3
Regulations on specialized inspection of imports and exports; regulations on standards and technical regulations
Directorate for Roads of Vietnam, Civil Aviation Authority of Vietnam, Vietnam Maritime Administration, Vietnam Railway Authority, Vietnam Register, Vietnam Inland Waterways Administration
Department of Science and Technology
Advisory Departments affiliated to Ministry of Transport
First time: before June 1, 2022 and Second time: before December 1, 2022
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Consolidate results of execution of the plan for cutting and simplifying business regulations of the Ministry of Transport and send them to the Department of Legal Affairs for consolidation and submission to the Office of the Government
Report on cutting and simplification of business regulations of the Ministry of Transport
4.1
Regulations on administrative procedures and reporting regulations
Ministry Office
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Directorate for Roads of Vietnam, Civil Aviation Authority of Vietnam, Vietnam Maritime Administration, Vietnam Railway Authority, Vietnam Register, Vietnam Inland Waterways Administration, Advisory Departments affiliated to Ministry of Transport
First time: before June 10, 2022 and Second time: before December 10, 2022
4.2
Regulations on business requirements and conditions
Department of Legal Affairs
Directorate for Roads of Vietnam, Civil Aviation Authority of Vietnam, Vietnam Maritime Administration, Vietnam Railway Authority, Vietnam Register, Vietnam Inland Waterways Administration, Advisory Departments affiliated to Ministry of Transport
First time: before June 10, 2022 and Second time: before December 10, 2022
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4.3
Regulations on specialized inspection of imports and exports; regulations on standards and technical regulations
Department of Science and Technology
Directorate for Roads of Vietnam, Civil Aviation Authority of Vietnam, Vietnam Maritime Administration, Vietnam Railway Authority, Vietnam Register, Vietnam Inland Waterways Administration, Advisory Departments affiliated to Ministry of Transport
First time: before June 10, 2022 and Second time: before December 10, 2022
5
Submit a consolidated report on execution and results of execution of the plan for cutting and simplifying business regulations.
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Ministry Office, Department of Science and Technology
Directorate for Roads of Vietnam, Civil Aviation Authority of Vietnam, Vietnam Maritime Administration, Vietnam Railway Authority, Vietnam Register, Vietnam Inland Waterways Administration, Advisory Departments affiliated to Ministry of Transport
First time: before June 25, 2022 and Second time: before December 25, 2022
Report on cutting and simplification of business regulations of the Ministry of Transport
| Số hiệu | 116/QĐ-BGTVT |
| Loại văn bản | Quyết định |
| Cơ quan | Bộ Giao thông vận tải |
| Ngày ban hành | 29/01/2022 |
| Người ký | Lê Đình Thọ |
| Ngày hiệu lực | |
| Tình trạng |
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| Số hiệu | 116/QĐ-BGTVT |
| Loại văn bản | Quyết định |
| Cơ quan | Bộ Giao thông vận tải |
| Ngày ban hành | 29/01/2022 |
| Người ký | Lê Đình Thọ |
| Ngày hiệu lực | |
| Tình trạng |