TRANSPARENCY PROGRAM

NATIONAL BUSINESS CENTER

 

 1. INTRODUCTION

 In accordance with Article 7 of Law No. 19/2014 “On the Right to Information”, the Transparency Program for the National Business Center was prepared. This program sets out the legal framework of the authority’s activity within the law no. 19/2014 “On the Right to Information” (LDI).

This program is evaluated as a particular way through which the NBC (hereafter PA Public Authority) builds and enhances transparency in its institutional work, under the auspices of the LDI. The NCB will periodically update the Transparency Program, in accordance with Article 2, Article 5 of the LDI.

The information made public in this program aims to make transparency of the work of the NBC through its detailed coverage on the official website www.qkb.gov.al, as well as in the public reception facilities. The transparency program is reflected in the rubrics, texts / contents, time limits for making it public, the manner of making it public and the structure that produces or manages the document.

In the content of the transparency program there is a publication scheme, which reflects the menus where the document is addressed on the official website. In addition, each document is also accessible in the scheme.

The documentation made public will be updated in form and content. The official site of the NBC is built in a form that provides information to the public without a request in easily understandable forms. In the columns of the official site are also reflected information that is characterized by personal identification data limitations due to the privacy of data of individuals/entities, etc.

The publication scheme is presented through the summary table highlighted in this program.

 

II. GENERAL PRINCIPLES

The main principles underlying the NBC Transparency Program are:

  1. “Right to information” is the Constitutional right provided for in its Article 23, accessible to all without exception.
  2. Presumption of maximum publication of the data: The NBC exercises public functions, hence the information deriving from its activity is published in accordance with the legislation in force.

Correct implementation of the law and legal provisions that specifically regulate the activity of the NBC and respectively: Law no. 131/2015 “On the National Business Center”, Law no. 9723, dated May 03, 2007 “On the Business Registry” as amended, Law no. 10081, dated February 23, 2009, “On Licenses, Authorizations and Permits in the Republic of Albania”, as amended, and DCM no. 538, dated May 26, 2009, “On Licenses and Permits that are handled by or through National Licensing Center (NLC) and some other joint subordinate bylaw adjustments” as amended and by-laws under implementation.

  1. Information fits in clear and understandable language.
  2. The supervisory body of public information procedures is the Commissioner for the Right to Information and Protection of Personal Data” (hereafter KDIMDP).
  3. The review of the transparency program shall be conducted under the same procedure through which its adoption has been made.

Public information without request should be:

-          full;

-          accurate;

-          updated;

-          simple in consultation;

-          understandable;

-          easily accessible;

-          compatible with original documents in possession of public authority.

 

III. INFORMATION PUBLISHED WITHOUT REQUEST

The information allowed for publication is expressly provided for in Article 7 of Law No. 19/2014 “On the Right to Information”.

In accordance with this approved transparency program, the NBC makes available to the public on its website www.qkb.gov.al and in the public reception facilities the following categories of information:

  • The organizational structure of public authority;
  • Full texts of the conventions that have been ratified, laws, bylaws, codes of conduct, policy documents, manuals or any other documents related to the exercise of its functions and affecting the general public;
  • Information on the procedures to be followed to make a request for information, a postal and electronic address for filing requests for information, as well as the appeal procedures for the respective decision;
  • Data on the location of public authority offices, working hours, name and contact details of the coordinator for the right of information;
  • Data on education, qualifications and salaries of functionaries who have the obligation to declare the property according to law, salaries structures for other employees, and a description of the selection procedures, competencies and duties of public high authority officials and the procedure they pursue to take decisions;
  • Monitoring and control mechanisms operating on public authority, including strategic work plans, audit reports from the Supreme State Audit or other entities, and documents containing performance indicators of the authority;
  • Data on the budget and expenditure plan for the following financial year and past years, as well as any annual report on budget implementation. In those cases where the public authority is self-financed by the license fees or any other form of direct financing from the entities regulated by it, the documents showing the status of repayment of the obligations by the licensed subjects are made public;
  • Information on registration procedures in the commercial register as provided by law no. 9723, dated May 03, 2007, “On NBC” as amended, Law no. 9901 date August 14, 2008, “On entrepreneurs and companies”, and Law no. 10081, dated February 23, 2009, “On Licenses, Authorizations and Permits in the Republic of Albania”, as amended including: accompanying documentation, deadlines, compulsory data for registration etc.;
  • Information on the services that the public authority gives to the public, including standards for service quality, a description of the functions and services provided by the public authority and the procedures for obtaining them, frequently asked information and documents, any other information deemed useful by the public authority;
  • Any mechanism and procedure for making claims and complaints regarding the actions or omissions of public authority, a procedure through which interested persons may present their opinions or influence in any other way in drafting laws, public policies or performing the functions of the NBC, a simple description of the system used by the public authority to maintain documentation, types, forms of documents, and categories of information that are made public without a requirement;
  • The NBC also creates and archives a digital copy of its official web site, supplemented with the information required in the approved transparency program, as well as on the methods, mechanisms and periodicity of the publication of public information, which are made available to the public without a request;
  • Acts that contain rules, norms or limitations of the individual’s fundamental rights and freedoms, as well as with direct effect to them, are made public by display or posting on the official website within 48 hours of the adoption of the act by the NBC. Information published under this scheme is updated each time it changes.

 

  1. SUMMARY TABLE OF THE TRANSPARENCY PROGRAM OF THE NATIONAL BUSINESS CENTER

 

No.

Categories of public information without request

Legal bases

Deadline for publication

Publication way

Responsible structure

1

Description of the organizational structure. functions and duties of public authority.

 

Open the document

Article  7/1 /a/d

Immediately after the approval of the act by the holder.

Respective menu on the official site

Directorate of Support Services

2

International acts, laws; regulations; policy documents; another document.

Article  7/1 /b

Immediately after the entry into force of the act

Respective menu on the official web site www.qkb.gov.al

Directory of Research and Methodological Leadership:

 

Directorate of Innovation and Registries

3

Information on the procedures to be followed to make a request for information, postal and electronic address for submitting information requests,  as well as the appeal procedures of the respective decision

Article  7/1 /c/g

Immediately

On the official web site www.qkb.gov.al

Coordinator

4

Information on the location of public authority offices, working hours, name and contact information of the coordinator for the right to information.

Article  7/1 /ç

Immediately

On the official web site www.qkb.gov.al

Coordinator

5

Monitoring mechanisms; Audit reports; Documents with performance indicators

Audit report

Article  7/1 /dh

Immediately

On the official web site www.qkb.gov.al

Directorate of Support Services

6

Budget

Budget 2016

Budget 2017

 

Article  7/1 /e

Immediately after approval 

On the official web site www.qkb.gov.al

Directorate of Support Services

7

Information on registration, licensing/authorization, permits procedures.

Article  7/1/ë

Immediately

On the official web site www.qkb.gov.al

Business Registration Directory, Permits, Licenses, Authorizations:

 

Directorate of Helpdesks  

8

Authority services to the public.

Services for permits, licensing and authorizations

Services for commercial register

Article  7/1/f

Immediately

On the official web site www.qkb.gov.al

Directorate of Helpdesks 

9

Presenting opinions on drafting of acts

Article  7/1/gj

After approval by the official

On the official web site www.qkb.gov.al

Directory of Research and Methodological Leadership.

10

Register of requests and responses, according to article 8 of the law no.119/2014.

Article  7/1/i

Immediately

On the official web site www.qkb.gov.al

Coordinator  

11

Frequently asked information and documents.

Article  7/1/k

Immediately

On the official web site www.qkb.gov.al

Coordinator  

Directorate of Helpdesks 

 

12

Other useful information

Article  7/1/l

Immediately

On the official web site www.qkb.gov.al

Directorate of Helpdesks 

 

 

      V.  PUBLICATION

In accordance with this approved transparency program, NBC makes available to the public on its website www.qkb.gov.al and in the public reception facilities, the above categories, in a separate menu entitled “Transparency Program”.

  1. MONITORING

The Commissioner for the Right to Information and Protection of Personal Data monitors the implementation of the law on the right to information, promoting the principle of transparency in the work of public authorities, particularly by sensitizing and informing on issues of the right to information.

The Commissioner makes recommendations to public authorities regarding the conceptualization and implementation of institutional transparency programs.

 

Legislation for the Transparency Program

Law No. 19/2014 “On the Right to Information”

Law no. 146/2014 “On Notification and Public Consultation”

Law no. 9887, dated March 10, 2008, as amended by law no. 48/2012 “On the Protection of Personal Data”;