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HƯỚNG DẪN GIAI ĐOẠN RÀ SOÁT THỦ TỤC HÀNH CHÍNH

HƯỚNG DẪN GIAI ĐOẠN RÀ SOÁT THỦ TỤC HÀNH CHÍNH. ADVISORY COUNCIL OF ADMINISTRATIVE PROCEDURES REFORM SUMMARY REVIEW OF PRIORITY PROCEDURES LAND - CONSTRUCTION Presented by: PHAM NGOC LINH, IFC consultant Team Leader of Land-Construction Working Group ACAPR Hanoi, 20 November 2009.

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HƯỚNG DẪN GIAI ĐOẠN RÀ SOÁT THỦ TỤC HÀNH CHÍNH

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  1. HƯỚNG DẪN GIAI ĐOẠNRÀ SOÁT THỦ TỤC HÀNH CHÍNH

  2. ADVISORY COUNCIL OF ADMINISTRATIVE PROCEDURES REFORM SUMMARY REVIEW OF PRIORITY PROCEDURES LAND - CONSTRUCTION Presented by: PHAM NGOC LINH, IFC consultant Team Leader of Land-Construction Working Group ACAPR Hanoi, 20 November 2009

  3. Contents • Methodology • Scope of work • Main findings • Main recommendations

  4. Methodology

  5. Scope of Work

  6. Summary of Recommendations

  7. Review Results Main Findings

  8. 1. Sequence: inconsistencies in timing to implement procedures Land Legislation Environment Legislation Construction Legislation Investment Legislation EIA Approval Decision not required in the application dossier for LURC Complete EIA before: • Mineral exploration license; or • Construction permit; or • Commencement of construction work EIA Approval Decision not required in the application dossier for Construction Permit EIA Approval Decision not required in the application dossier for Investment Certificate EIA • Application dossier includes “related legal documents” • What else should have been done before to obtain “related” documents? • Hanoi ≠ BinhDuong ≠ HCMC ≠ BacNinh ≠ Hue ≠ … Basic Design

  9. 2. Application Dossier: Overlapping or Vague • Different types of supporting documents are required in one dossier, many of which are “not different” • Investors’ legal status, feasibility study of the investment project, technical-economic explanatory report, etc.. are required many times by different government agencies • The same document may be required for different procedures that are handled by the same government agency • Certificate/license issued by an agency in one procedure may still be required by the same authority when submitting application for another procedure at this agency • Some documentary requirements are vague • “Related legal documents” (Basic Design)

  10. E.g: Overlapping requirements by different government authorities Different authorities should share information among themselves instead of requiring the same piece of information from the investor?

  11. E.g: Overlapping requirements by the same agency Application letter Application letter EIA report Supplementary EIA report Input Investment report Previous approved EIA report Previous EIA approval decision (certified copy) Revised investment report Output EIA approval decision Supplementary EIA approval decision Does it make sense that an authority (DoNRE) issues an approval decision for the investor and the same authority later requires the investor to submit it to them?

  12. 3. Processing: multiple contacts, weak coordination

  13. 4. Time: unpredictable Or:

  14. Main Recommendations

  15. 1. Consistency in procedure sequence in legal documents (1)

  16. 1. Consistency in procedure sequence in legal documents (1) • The outputs of Basic Design and EIA procedures should only be required for Construction Permit • The documentary requirements in the investment and construction regulations should be consistent with the environment regulations

  17. 2. Simplified documentary requirements

  18. 3. Single access point and inter-agency coordination • Inter-agency coordination • The lead authority/agency need to coordinate/work with other authorities/agencies in order to process applications within the stipulated time frame, instead of the investor interacting with one by one authority/agency • Professional one-stop-shop units • The OSS unit should be the only contact point for the investor, from providing them with guidance and admitting their applications to handing to them output • It is essential to have technical experts at the OSS, probably for certain working hours depending on the workload

  19. E.g: Basic Design

  20. E.g: Environment Impact Assessment

  21. 4. Environment Protection Commitment: Registration only

  22. 4. Keep on time and shorten if possible

  23. Impact: reduced compliance costs E.g: Environment Protection Commitment Save 2.4 billion dongs p.a

  24. For details, please refer to: • 7 complete forms (Form 3) • Consolidated review report Thank you !

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