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Annex 7. Draft of the OSS Law
The following decree-law regulates the management of the One-Stop-Shops as points of single contact, defining the rules for public service provision by or through the municipalities and administrative posts, consecrating assisted attendance as its indispensable complement, and defining the functioning of public services at the One-Stop-Shops.
Article 1. Objective of OSS
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1. OSS shall be a single access point that offers citizens information and multiple services in consolidated and integrated manner through one or more service delivery channels. 2. The aim of the One-Stop-Shops (OSS) as a point of single contact shall be: a) to bring public services closer to citizens, particularly in the most remote territories b) to enable everyone, including minorities and people with disabilities access to public services c) to ensure gender equality d) to optimize the costs of public administration in terms of premises and equipment e) to assist digital customer service, provided by appropriately trained digital customer service mediators, promoting territorial, economic, and social cohesion 3. OSS services are provided through a multi-channel platform in the form of a) Face-to-face channel b) Web Channel c) Voice Channel.
Article 2. Mission
The One-Stop-Shop has the mission to promote the decentralization of public services, for greater effectiveness and efficiency of public services, focusing on the needs of the citizen and promoting private initiatives.
Article 3. Public service provision principles
1. Public services shall be provided in the user centric manner, considering the requirements arising from data protection and cybersecurity regulations. 2. While providing services, municipalities are entitled to act as service providers. Specific roles and responsibilities of municipalities shall be stated in the respective regulation. 3. The service owner shall
a. ensure that the information necessary for the use of a public service is easy to find. The information shall be provided in a manner and to an extent appropriate to the target group of the service.
b. provide the user of a public service with information concerning the term for the provision of the service and information concerning the course of the service. c. ensure the provision of the service within the time limit. 85
d. ensure the possibility for the user of a public service to receive advice and assistance while using the service, to provide feedback on the service and to make proposals. 2. The service owner shall not request from a person again information which is necessary for the provision of a direct public service, but which already exists in the database of the service owner. 3. Citizens shall be entitled to get, and OSS service provider shall be obligated to provide information about all public services provided by the government. 4. Citizens shall be entitled and obligated to use public services only through OSS unless otherwise provided by law.
Article 4. Definitions
In this Law –a) "Assisted digital service" means the assistance to the citizen or economic agent in accessing and interacting with the Public Administration portals and Internet sites, provided by an employee of a "Service Owner" duly qualified for that purpose. b) "Coordinating body" means an entity responsible for directing and controlling public service provision and developing common guidelines and standards for public service provision. The coordinating body works closely together with the OSS provider and involves the representatives of the service owners in the decision-making process in order to ensure the provision of citizen centric services. c) “Governing body” means an entity directing and controlling the OSS by setting administrative rules for making decisions, sharing information, and other activities must be agreed upon. d) "Multi-channel platform" refers to any of the means made available to the citizen, enabling diversification of access to public services, information about the services and communication with the service provider. e) “Public service” means any service provided by the government or by the local government entity to a physical or a legal person, based on his will, through the any channel of the One-Stop-Shop, enabling to fulfil the obligations or execute the rights arising from the law. f) "Service Owner" means each entity involved with the provision of the integrated service to citizens and businesses, installed at the One-Stop-Shop. e) “Service provider” means a local authority ensuring the customer-friendly service provision and efficient work processes and as close as possible to the citizens.
Article 5. Implementation
1. The functioning of the One-Stop-Shop is governed by the general principles of public administration, by the provisions contained in the present document/legislation, and by the internal regulations, approved by the Government member responsible for the State Administration sector. 2. The "Service Owners" shall collaborate with each other and provide mutual assistance in the provision of citizen care services, in support of assisted digital care.
Article 6. Service Provision
1. To overcome the difficulties in direct access by citizens to public services provided through the use of digital means, access to these services is promoted through assisted digital service in the Municipality and the Administrative Post.
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2. The installation of any OSS should integrate the following public services: a) Business support services b) Transport licensing services c) Tax Authority services d) Registry and Notary Services. 3. The OSS offices in the Administrative Posts are constituted through agreements of temporary delegation of competencies, duly authorized by the Municipal Assembly, if it exists, and by the Government member that holds the competencies object of the delegation 4. The agreements referred to in the previous paragraph must necessarily provide for: a) The assumption of the local management of the OSS space by the Municipality, including the provision of adequate space for its installation in the Administrative Post, without prejudice to the possibility that mobile OSS spaces may be installed b) The provision, by the Service Owner, of human resources to guarantee its operation c) The rules to be followed by the Service Owner regarding the service to be provided to citizens in general and to economic agents in particular, without prejudice to the necessary flexibility for the management of human resources, definition of service timetables and selection of the assisted digital services to be provided d) The training of the respective workers that provide assisted digital services, guaranteed by the Service Owner e) The provision of back-office and support services in collaboration with the other Public Administration services that provide digital public services f) The method of application of the fees to be charged g) The service owner's reporting obligations, the definition of their responsibility arising from the service provided, as well as the Governing Body's control mechanisms and procedures. 5. Digital assisted service locations may also be installed within the consular network of the Democratic Republic of Timor-Leste, subject to the provisions of the Vienna Convention on Consular Relations.
Article 7. Implementing Provisions
1. Whenever possible and guaranteeing the rationalization of Public Administration costs with installations and equipment, the OSS spaces should be concentrated in the same location as other local authorities, in order to privilege the utility and convenience for the citizen in the Municipality and in the Administrative Post.
2. In the OSS spaces, spaces should be created to allow occasional attendance by public services not permanently based in the OSS. 3. The installation of new OSS is initiative of the Municipalities’ "Coordinating Body", in conjunction with the Governing Body and the Service Owners. 4. The establishment of an OSS shall be formalized by an agreement between the Ministry of State Administration, the municipalities and relevant government organizations.
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5. The object, scope, content, and duration of the agreement, as well as the corresponding allocation of financial and human resources, the mechanisms for the effective, regular and timely transfer of said allocation, the conditions and objectives for the exercise of the delegated attributions and competences, and performance indicators shall be specified within the aforementioned agreement. 6. The installation and the protocol referred to in the previous number are carried out under the regime foreseen in Law no. 23/2021 of 10 November, the Law of Local Government and Administrative Decentralisation
Article 8. Responsibilities of the Governing Body
The responsibilities of the governing body shall be the following: a) Setting strategic directions b) Setting clear roles and responsibilities for OSS teams and making sure that those responsibilities are carried out
c) Ensuring OSS funding d) Promoting OSS values e) Engaging stakeholders f) Creating a legal space g) Ensuring an effective risk management system operation.
Article 9. Responsibilities of the coordinating body
The responsibilities of the coordinating body shall be the following: a) Defining frameworks and principles for the provision and development of services, service design framework, feedback system, and monitoring system. b) Evaluating progresses. c) Ensuring the proper function of information channels and the transmission of standardized service information together with service providers. d) Coordinating the digital service delivery platform’s development and implementation. e) Concluding service level agreements with municipalities and other service providers. f) Distributing and overseeing funding and its use. g) Managing the risks associated with OSS implementation.
Article 10. Responsibilities of Service owner
The responsibilities of the Service owner shall be the following: a) Training of staff required to carry out the new tasks and competences b) Organising the mobility of qualified personnel c) Providing technical support in the organization, adaptation or installation of the services necessary for the exercise of the new attributions and competences
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d) Identifying the officials or agents who, in representation of the parties, will monitor and supervise the operationalization process of the exercise of the new attributions and competences e) Forwarding, in a timely manner, information about the amounts to be included in each Municipal Budget for the purposes of exercising the foreseen competences
Article 11. Responsibilities of the service provider
The responsibilities of the service provider shall be the following: a) Knowing the citizens and collecting feedback from service users b) Providing standardized services based on SOP c) Recruiting and training employees to ensure a high level of customer service d) Ensuring an optimal and well-functioning OSS workflow e) Monitoring service provision volume and fulfilment of SOP standards f) Communicating closely with the service owner clarifying SOP requirements, gathering feedback, and strengthening synergies at the local municipal level between the parties involved in the provision of services
Article 12. Funding Sources
The expenses resulting from the exercise of the delegated powers shall be borne by the funds allocated to them in the Municipal Budget.
Article 13. Feedback, monitoring, and supervision
1. The Governing Body and the Service Owner shall collect feedback from the customers regarding their satisfaction with the service provision. Collected feedback shall be analysed and suggestions considered. 2. The Governing Body and the Service Owner have the functional power to supervise the performance of the duties and powers that they have transferred or delegated, and may, namely: a) Establish a regular information system on the performance of the attributions and competences transferred or delegated to be provided by the beneficiary entities b) Request and obtain any information from the entities receiving transfers or delegations or from other suitable public or private entities c) Carry out enquiries, audits and on-site monitoring and verification on how the transferred or delegated powers and duties are pursued. 5. Municipalities shall submit annual reports regarding the statistical and other indicators of OSS enabling to monitor the service provision. Exact indicators, report form and other details shall be specified by the Minister of State Administration.
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