Circular No. 01/2013/TT-TTCP on the activities of monitoring, urging, and inspecting the implementation of conclusions, recommendations, and decisions on inspection.

 

CIRCULAR

Regulations on the activities of monitoring, urging, and inspecting the implementation of conclusions, recommendations, and decisions on inspection

The Government Inspectorate stipulates the activities of monitoring, urging, and inspecting the implementation of conclusions, recommendations, and decisions on inspection as follows:

Based on the Inspection Law dated November 15, 2010;

Pursuant to Decree No. 86/2011/NĐ-CP dated September 22, 2011 of the Government detailing and guiding the implementation of certain provisions of the Inspection Law;

Based on Decree No. 83/2012/NĐ-CP dated October 9, 2012, of the Government stipulating the functions, tasks, powers, and organizational structure of the Government Inspectorate;

Pursuant to Decree No. 07/2012/ND-CP dated February 9, 2012 of the Government stipulating the agencies entrusted with the function of specialized inspection and specialized inspection activities;

These regulations stipulate the procedures, forms, and contents for conducting activities of monitoring, urging, and inspecting the implementation of conclusions, recommendations, and decisions on inspection.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

These regulations apply to state inspection agencies, heads of state inspection agencies; agencies assigned to perform specialized inspection functions, heads of agencies assigned to perform specialized inspection functions; civil servants, Inspectors, or working groups of state inspection agencies, agencies assigned to perform specialized inspection functions tasked with monitoring, urging, and inspecting the implementation of conclusions, recommendations, and decisions on inspection; inspected entities, management agencies of inspected entities, and relevant agencies, organizations, and individuals related to the implementation of conclusions, recommendations, and decisions on inspection.

Article 2. Applicability

Article 3. Purpose of Monitoring, Urging, and Inspection

1. Monitoring the implementation of conclusions, recommendations, and decisions on inspection aims to continuously grasp information about the situation of implementing conclusions, recommendations, and decisions on inspection by inspected entities, management agencies of inspected entities, and relevant agencies, organizations, and individuals.

2. Urging the implementation of conclusions, recommendations, and decisions on inspection aims to remind or take measures to promote the implementation of conclusions, recommendations, and decisions on inspection by inspected entities, management agencies of inspected entities, and relevant agencies, organizations, and individuals.

3. Inspecting the implementation of conclusions, recommendations, and decisions on inspection aims to detect and handle violations of non-implementation of conclusions, recommendations, and decisions on inspection by inspected entities, management agencies of inspected entities, and relevant agencies, organizations, and individuals. Ensuring that conclusions, recommendations, and decisions on inspection are strictly implemented, thereby enhancing the effectiveness of inspection activities and state management in inspection.

1. "Person assigned the task of monitoring" is a civil servant, Inspector, or working group of a state inspection agency, agency assigned to perform specialized inspection functions, tasked with monitoring the implementation of conclusions, recommendations, and decisions on inspection.

Article 4. Definitions

2. "Person assigned the task of urging" is a civil servant, Inspector, or working group of a state inspection agency, agency assigned to perform specialized inspection functions, tasked with urging the implementation of conclusions, recommendations, and decisions on inspection.

3. "Person assigned the task of inspecting" is a civil servant, Inspector, or working group of a state inspection agency, agency assigned to perform specialized inspection functions, tasked with inspecting the implementation of conclusions, recommendations, and decisions on inspection.

4. "Object of monitoring, urging, and inspection" are agencies, organizations, and individuals responsible for or related to the implementation of conclusions, recommendations, and decisions on inspection.

1. Activities of monitoring, urging, and inspecting the implementation of conclusions, recommendations, and decisions on inspection must be conducted regularly, promptly, objectively, openly, transparently, and in compliance with legal provisions.

Article 5. General Principles

2. Activities of monitoring, urging, and inspecting the implementation of conclusions, recommendations, and decisions on inspection shall not hinder the normal operations of monitored, urged, and inspected entities.

3. Activities of monitoring, urging, and inspecting the implementation of conclusions, recommendations, and decisions on inspection may be conducted on individual cases or multiple cases simultaneously depending on the complexity of the monitored, urged, and inspected cases.

4. Heads of state inspection agencies, heads of agencies assigned to perform specialized inspection functions are responsible for organizing the monitoring, urging, and inspecting of the implementation of conclusions, recommendations, and decisions on inspection within their functional scope and authority as prescribed by law.

MONITORING, URGING, AND INSPECTING THE IMPLEMENTATION OF CONCLUSIONS, RECOMMENDATIONS, AND DECISIONS ON INSPECTION

Chapter III
MONITORING THE IMPLEMENTATION OF CONCLUSIONS, RECOMMENDATIONS, AND DECISIONS ON INSPECTION

Section 1
THEO DÕI THỰC HIỆN KẾT LUẬN, KIẾN NGHỊ, QUYẾT ĐỊNH XỬ LÝ CỦA THANH TRA

Article 6. Preparation for Monitoring

1. Within fifteen days from the date of publication of the inspection conclusion, the person assigned to monitor shall be responsible for opening a monitoring record to collect information related to the implementation of the conclusions, recommendations, and decisions on inspection.

2. The collection of relevant information shall be carried out according to the following contents:

a) Statistically compile full names and other information of the monitored, urged, and inspected entities;

b) Statistically detail the contents that the monitored, urged, and inspected entities must implement according to the conclusions, recommendations, and decisions on inspection:

- Contents regarding perfecting mechanisms, policies, and laws;

- Economic handling contents: Specify each amount to be handled; corresponding forms of handling and other recommended handling measures (if any);

- Responsibility handling contents: Clearly state the number of administrative cases handled, the number of individuals and organizations to be handled and proposed forms of handling (if any); the number of criminal cases handled, the number of individuals to be handled;

- Other recommendation and decision handling contents;

- Time limits for implementing the contents recorded in the conclusions, recommendations, and decisions on inspection (if any).

Article 7. Forms of Monitoring

1. The activity of monitoring the implementation of conclusions, recommendations, and decisions on inspection is conducted through summarizing the results of implementation, requiring the monitored, urged, and inspected entities to report on the situation of implementing the conclusions, recommendations, and decisions on inspection, and providing supporting documents and information.

2. Based on specific cases, the person assigned to monitor prepares documents to submit to the Head of the State Inspection Agency or the Head of the agency tasked with specialized inspection functions to send letters requesting or proposing the dispatch of personnel to directly work with the monitored, urged, and inspected entities to determine information about the implementation of the conclusions, recommendations, and decisions on inspection.

Article 8. Content of Monitoring

1. The monitoring activities are conducted to gather information on the implementation of the conclusions, recommendations, and decisions on inspection according to the following contents:

a) The process of directing the implementation of the conclusions, recommendations, and decisions on inspection by the Heads of State Management Agencies or the Heads of agencies tasked with specialized inspection functions;

b) Progress and results of implementing the contents in the conclusions, recommendations, and decisions on inspection by the monitored, urged, and inspected entities;

c) Existing issues or difficulties related to the implementation of the conclusions, recommendations, and decisions on inspection.

2. Based on specific cases, the person assigned to monitor is responsible for clearly defining the content of information, receiving addresses, methods, and deadlines for provision in request documents or during direct working sessions with the monitored, urged, and inspected entities.

Article 9. Monitoring Report

1. Within forty-five days from the date of publication of the inspection conclusion, the person assigned to monitor shall be responsible for submitting to the Head of the State Inspection Agency or the Head of the agency tasked with specialized inspection functions a report on the monitoring of the implementation of the conclusions, recommendations, and decisions on inspection. In cases where the conclusions, recommendations, and decisions on inspection specify time limits for implementation, such time limits shall be followed.

2. The report on the monitoring of the implementation of the conclusions, recommendations, and decisions on inspection includes the following contents:

a) General information on the conclusions, recommendations, and decisions on inspection and the responsibility of the monitored, urged, and inspected entities to organize implementation;

b) Results of implementing the conclusions, recommendations, and decisions on inspection;

c) Evaluation of the implementation of the conclusions, recommendations, and decisions on inspection;

d) Analysis of causes and proposals for solutions to implement the conclusions, recommendations, and decisions on inspection (if any).

Article 10. Handling of Monitoring Results

1. Within three days from the date of receiving the report on monitoring the implementation of conclusions, recommendations, and decisions on inspection, the head of the state inspection agency or the head of the agency assigned to perform specialized inspection functions shall examine and decide based on the monitoring results:

a) To conclude the monitoring, urging, and inspection process, and request the person assigned with the monitoring task to transfer the case file to relevant departments for consolidation and storage according to current regulations if the implementation of conclusions, recommendations, and decisions on inspection has been completed;

b) To proceed with urging according to the procedures stipulated in this Circular if the implementation of conclusions, recommendations, and decisions on inspection has not been completed.

2. The results of monitoring the implementation of conclusions, recommendations, and decisions on inspection shall be notified to the monitored, urged, and inspected entities and made public in accordance with the law.

Section 2
URGING THE IMPLEMENTATION OF CONCLUSIONS AND RECOMMENDATIONS DECISION ON INSPECTION HANDLING

Article 11. Forms of Urging

The urging of the implementation of conclusions, recommendations, and decisions on inspection is carried out through sending urging letters or conducting direct meetings with the monitored, urged, and inspected entities:

In the case of sending urging letters, within no more than five days from the date of deciding to urge, the person assigned with the urging task shall prepare the urging letter to be submitted to the head of the state inspection agency or the head of the agency assigned to perform specialized inspection functions for forwarding to the monitored, urged, and inspected entities.

In the case of direct meetings, within no more than five days from the date of deciding to urge, the person assigned with the urging task shall prepare a detailed work plan accompanied by a notification letter to be submitted to the head of the state inspection agency or the head of the agency assigned to perform specialized inspection functions for forwarding to the monitored, urged, and inspected entities.

Article 12. Content of Urging

1. The urging of the implementation of conclusions, recommendations, and decisions on inspection shall be conducted according to the following contents:

a) Reminding the contents recorded in the conclusions, recommendations, and decisions on inspection that have not yet been implemented;

b) Requesting the monitored, urged, and inspected entities to report and explain the reasons for not completing the implementation of conclusions, recommendations, and decisions on inspection;

c) Measures to promote and responsibilities of related parties in completing the implementation of conclusions, recommendations, and decisions on inspection.

2. Based on each case, the person assigned with the urging task shall clearly define requirements regarding content, methods, responsibilities, and deadlines during the preparation of urging letters or direct meetings with the monitored, urged, and inspected entities.

Article 13. Urging Report

1. Within twenty-five days from the date of deciding to urge, the person assigned with the urging task shall submit to the head of the state inspection agency or the head of the agency assigned to perform specialized inspection functions a report on the results of urging the implementation of conclusions, recommendations, and decisions on inspection.

2. The report on the results of urging the implementation of conclusions, recommendations, and decisions on inspection shall include the following contents:

a) The situation and results of implementing conclusions, recommendations, and decisions on inspection after monitoring;

b) The process of urging the implementation of conclusions, recommendations, and decisions on inspection;

c) Progress or results in implementing conclusions, recommendations, and decisions on inspection after urging;

d) General evaluation and recommendations or proposals on the implementation of conclusions, recommendations, and decisions on inspection.

Article 14. Handling of Supervision Results

1. Within three days from the date of receiving the Report on the results of supervision to implement conclusions, recommendations, and decisions on inspection, the Head of the State Inspection Agency, the Head of the agency assigned to perform specialized inspection functions shall examine and decide based on the supervision results:

a) To conclude the supervision, urging, and inspection process and request the person assigned with the supervision task to transfer the case file to relevant departments for consolidation and storage according to current regulations if the implementation of conclusions, recommendations, and decisions on inspection has been completed;

b) To conduct inspection according to the procedures stipulated in this Circular if the implementation of conclusions, recommendations, and decisions on inspection has not been completed.

2. The results of the supervision activities to implement conclusions, recommendations, and decisions on inspection shall be notified to the supervised entities and made public in accordance with the law.

Section 3
INSPECTION OF IMPLEMENTATION OF CONCLUSIONS AND RECOMMENDATIONS DECISION ON INSPECTION HANDLING

Article 15. Basis for Inspection

1. The Head of the State Inspection Agency, the Head of the agency assigned to perform specialized inspection functions shall issue an inspection decision when there is one of the following bases:

a) After the deadline for reporting the results of supervision has expired, the supervised entity does not complete the implementation of conclusions, recommendations, and decisions on inspection;

b) The supervised entity does not fulfill the responsibility to report the results of implementing conclusions, recommendations, and decisions on inspection as prescribed by law;

c) During the supervision and urging process, signs of obstruction, asset disposal, document destruction, non-cooperation, or violation of the law by the supervised entity are discovered.

2. Inspection activities can only be carried out when there is an inspection decision issued by the Head of the State Inspection Agency, the Head of the agency assigned to perform specialized inspection functions.

Article 16. Inspection Decision

1. The inspection decision must clearly state the following information:

a) Basis for issuing the inspection decision;

b) Object, content, and scope of inspection;

c) Time limit for conducting the inspection;

d) Person assigned the task of inspection.

2. At the latest within three days from the date of signing, the inspection decision must be sent to the person assigned with the inspection task and the inspected entity.

Article 17. Time Limit for Conducting Inspection

1. In cases where the inspection is conducted to implement conclusions, recommendations, and decisions on inspection of a single inspection case, the maximum inspection period is five days from the start date of the work of the person assigned with the inspection task. If the content and scope of the inspection are complex, the Head of the State Inspection Agency, the Head of the agency assigned to perform specialized inspection functions may determine the inspection period based on the approved detailed inspection plan or extend the inspection. The extension time shall not exceed the inspection period.

2. In cases where the inspection is conducted to implement conclusions, recommendations, and decisions on inspection of multiple inspection cases, the maximum inspection period is ten days from the start date of the work of the person assigned with the inspection task. If the content and scope of the inspection are complex, the Head of the State Inspection Agency, the Head of the agency assigned to perform specialized inspection functions may determine the inspection period based on the approved detailed inspection plan or extend the inspection. The extension time shall not exceed the inspection period.

Article 18. Contents of Inspection

1. The inspection process needs to consider and evaluate the following issues:

a) The process of directing and organizing the implementation of conclusions, recommendations, and decisions on inspection by the supervised entity;

b) The results of implementing conclusions, recommendations, and decisions on inspection (including completed and uncompleted contents, along with progress);

c) Difficulties and obstacles encountered during the implementation of conclusions, recommendations, and decisions on inspection (objective and subjective difficulties affecting implementation);

d) Violations of the law by related parties in the implementation of conclusions, recommendations, and decisions on inspection;

đ) Causes and responsibilities of related parties for the failure to complete the implementation of conclusions, recommendations, and decisions on inspection (clarifying causes and responsibilities of the supervised entity);

2. During the inspection process, the person assigned with the inspection task has the responsibility to collect relevant documents and information to verify and clarify the inspection contents.

Article 19. Report on Inspection Results

1. Within the latest three days from the end date of the inspection, the person assigned to conduct the inspection shall be responsible for reporting the inspection results to the Head of the State Inspectorate Agency and the Head of the agency assigned to perform specialized inspection functions.

2. The report on inspection results includes the following contents:

a) Evaluation of the situation and results of the inspection;

b) Conclusion on the content of the inspection;

c) Recommend measures to handle violations of laws and other relevant contents to ensure the implementation of conclusions, recommendations, and decisions on inspections.

Article 20. Handling Inspection Results

1. Based on the inspection results, the Head of the State Inspectorate Agency and the Head of the agency assigned to perform specialized inspection functions shall be responsible for promptly examining and handling the inspection results as follows:

a) Require the Head of the direct management agency of the inspected entity to supervise, urge, and inspect the application of measures within their authority and according to the law to compel the inspected entity to complete the implementation of conclusions, recommendations, and decisions on inspections. In cases where non-completion of these leads to losses, the inspected entity must bear responsibility for compensation.

b) Apply measures within their authority or recommend competent authorities to apply disciplinary actions, administrative penalties, and other forms prescribed by law against entities responsible for not implementing, not fully implementing, or not implementing within the time limit specified in conclusions, recommendations, and decisions on inspections.

c) Transfer the case to the Investigation Agency at the same level for consideration of initiating criminal proceedings if during the inspection process signs of criminal offenses by responsible individuals or those related to the implementation of conclusions, recommendations, and decisions on inspections are discovered.

d) Decide to re-inspect or report to the Head of the state management agency at the same level for a decision to re-inspect if during the inspection process it is found that conclusions, recommendations, and decisions on inspections violate the law. The re-inspection will be conducted in accordance with the Law on Inspection.

e) Report to the Head of the state management agency at the same level for handling cases after inspection where there is evidence that the inspected entity cannot implement recommendations and decisions on inspections.

2. The results of activities inspecting the implementation of conclusions, recommendations, and decisions on inspections shall be notified to the inspected entity and made public in accordance with the law.

Chapter III
IMPLEMENTATION

Article 21. Effective Date

This Circular takes effect from May 1, 2013.

Article 22. Responsibility for enforcement

1. Heads of State Inspectorate Agencies at all levels, Heads of agencies assigned to perform specialized inspection functions, relevant agencies, organizations, units, and individuals are responsible for implementing this Circular.

2. During the implementation of this Circular, if difficulties, obstacles, or new issues arise, relevant agencies, organizations, units, and individuals shall promptly reflect them to the Government Inspectorate for guidance or amendment and supplementation./.