Decree No. 385/2026/ND-CP on Administrative Procedure Control

DECREE NO. 385/2026/ND-CP ON ADMINISTRATIVE PROCEDURE CONTROL

Scope and subjects

The decree governs control over the issuance, implementation, review and assessment of administrative procedures and the management of the National Database of Administrative Procedures. It does not cover: procedures for internal work within a single state administrative agency; administrative violation handling; inspection procedures; or procedures involving state secrets.

It applies to central state administrative agencies, local governments, individuals and organizations involved in administrative procedure control.

Administrative procedures

An administrative procedure is the sequence, method, documents, requirements and conditions set by a state agency or competent person to resolve a specific matter concerning individuals, organizations, or between state agencies. An internal procedure concerns work involving two or more state administrative agencies or applies generally to administrative agencies.

Requirements when prescribing procedures

Each procedure must specify: name, sequence, method, composition and number of documents, processing time, who performs it, and the resolving agency; plus, where applicable, forms, results, requirements and conditions, fees and charges. Procedures must be transparent, simple, save time and cost, ensure equality, interconnection, digitalization and one-time provision of information.

Announcement and publication

• Ministers and heads of ministerial-level agencies announce procedures in their sectors; the announcement decision must be issued at least 20 days before the legal document takes effect.
• Provincial and commune People's Committee Chairs and heads of delegated or authorized agencies: at least 10 days before.
• Documents under shortened procedures or special cases taking effect on adoption or signing: the announcement decision within 3 working days at the latest.
• Publication on the National Database, at the receiving agency's office (posted or electronic), on the portals of the Government, ministries and provincial People's Committees, and other suitable forms.

Responsibilities of implementing agencies

• Provide accurate, complete and timely guidance and explanation.
• State reasons in writing when refusing or requesting additional documents.
• Not create procedures, documents or papers beyond what the law prescribes.
• Coordinate and share information; apply the one-stop and interconnected one-stop mechanisms.
• Receive and handle feedback and suggestions.

Rights and obligations of procedure subjects

Rights: refuse requirements that are not prescribed in the procedure or not yet made public; monitor, give feedback and make recommendations; file complaints, denunciations and lawsuits against administrative decisions and acts; act directly or through authorized representatives.

Obligations: comply fully with procedure rules; be responsible for the legality and accuracy of documents; provide complete information; not obstruct; not bribe or deceive state agencies.

For procedures not yet published on the National Database, the competent agency must still resolve them upon request and may not add to or apply them differently from the prescribed content (Article 26.3).

Impact assessment

Criteria: necessity, rationality, constitutionality and legality, compliance costs. Competition impact assessment is required where a procedure may create market entry barriers, limit the number of market participants, create unequal competitive advantages or limit innovation. Risk management assessment is required where a procedure may negatively affect public health, the environment, social ethics, national defense, security, public order and safety, or the public interest.

Review and assessment

Purpose: identify difficulties and overlaps; assess actual impact and compliance costs; propose amendment, simplification, digitalization or abolition. Priority goes to procedures with many cases, high compliance costs, many complaints or feedback, complex or overlapping requirements, or no cases for three consecutive years.

National Database and Digital Platform

• The database includes procedures in force, abolished procedures, legal documents prescribing procedures and other content set by the Prime Minister; it is the official information source.
• Upload deadlines: 5 working days from the signing of the announcement decision by a Minister or head of a ministerial-level agency; 3 working days for People's Committee Chairs at any level; 2 working days for documents under shortened procedures or special cases taking effect on adoption or signing.
• The Ministry of Justice builds, manages and operates the Digital Platform for Administrative Procedure Control.

Effective date

• Takes effect on 10 October 2026.
• Decrees 63/2010/ND-CP, 48/2013/ND-CP and 92/2017/ND-CP cease to be effective; Article 5 of Decree 78/2025/ND-CP is amended.
• Internal administrative procedures already issued remain valid until amended, supplemented or abolished.
• Policy proposals, projects and drafts under way before the effective date follow the law in force at the time of proposal or drafting for impact assessment.