Circular No. 02/2015/TT-BCA on the procedures for conducting administrative inspections in the People's Public Security Forces

CIRCULAR
Provisions on the procedure for conducting administrative inspections in the People's Public Security
administrative within the People's Police

Pursuant to the Inspection Law 2010;

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

Pursuant to Decree No. 41/2014/ND-CP dated May 13, 2014 on organization and operation of inspection in the People's Public Security Force;

Pursuant to Decree No. 106/2014/ND-CP dated November 17, 2014 stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

At the proposal of the Inspector General of the Ministry;

The Minister of Public Security issues this Circular prescribing the procedure for conducting administrative inspections in the People's Public Security.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the purpose and procedures for conducting administrative inspections in the People's Public Security.

Article 2. Applicability

This Circular applies to:

1. Local public security units.

2. Heads of inspection agencies, Chief Inspectors, members of administrative inspection teams, inspectors, and inspection collaborators.

3. Agencies, organizations, and individuals subject to inspection.

4. Agencies, organizations, and individuals related to administrative inspection activities in the People's Public Security.

Article 3. Purpose of Administrative Inspection

Administrative inspection in the People's Public Security aims to assess the implementation of policies, laws, functions, tasks, and granted powers; identify weaknesses and shortcomings in management mechanisms, policies, laws, and regulations of the Public Security sector to propose measures to competent state authorities for remediation; prevent, detect, and handle violations of law; protect the interests of the State, rights, and legitimate interests of agencies, organizations, and individuals.

Article 4. Location and Time of Work of the Inspection Team

1. During the inspection process, the Chief Inspector assigns at least two (02) members of the inspection team to work with the inspected entity, relevant agencies, organizations, and individuals at their premises or at the location where the inspection is conducted.

2. The inspection team works with the inspected entity, relevant agencies, organizations, and individuals during regular working hours; in cases where work must be conducted outside regular working hours, the Chief Inspector decides and bears responsibility for such decision.

Article 5. Inspection Team Logbook

1. The inspection team logbook is a record of the team's activities from the day the inspection decision is issued until the conclusion of the inspection activities.

2. Every day, the Chief Inspector is responsible for recording the logbook and signing to confirm the recorded content. In necessary cases, the Chief Inspector may delegate the task of recording the logbook to a member of the inspection team, but the Chief Inspector remains responsible for the recording and signs to confirm the recorded content in the inspection team logbook.

3. Contents of the inspection team logbook include:

a) Date, month, year, and completed tasks; names of agencies, organizations, and individuals subject to inspection or involved in verification and interviews;

b) Guidance opinions and management directives of the person issuing the inspection decision, the Head of the Inspection Team (if applicable);

c) Difficulties and obstacles arising during the inspection activities of the inspection team (if any);

d) Other contents related to the inspection team's activities (if any).

4. The Chief Inspector is responsible for managing the inspection team logbook during the inspection process. In case the inspection team logbook is lost or damaged, the Chief Inspector must report to the authority issuing the inspection decision for review and resolution.

5. The inspection team logbook shall be carried out according to the model prescribed by the Government Inspectorate and kept in the inspection dossier.

Chapter II

PROCEDURE FOR CONDUCTING AN INSPECTION
ADMINISTRATIVE IN THE PEOPLE'S PUBLIC SECURITY

Section 1
PREPARATION FOR INSPECTION

Article 6. Collection of Information and Documents for Inspection Decision

1. Prior to issuing an inspection decision, where necessary, the head of the competent public security agency, the head of the inspection agency shall decide on the collection of information and documents related to the inspected unit, locality, or individual (hereinafter referred to collectively as the inspected subject) based on the requirements of the inspection.

2. The person assigned to collect information and documents shall be responsible for collecting relevant information and documents concerning the inspected subject, the anticipated inspection content; synthesizing, analyzing, and evaluating the collected information and documents, and reporting to the person who assigned the task of collecting information and documents. The report shall include the following contents:

a) An overview of the organizational structure, functions, tasks, and authorities of the inspected subject;

b) An assessment of prominent issues with signs of violations and breaches of laws;

c) Proposals on the contents that need to be inspected, the inspected subjects, the period of inspection, and the methods of organizing and implementing the inspection.

3. Within their functional, task, and authority scope, the inspected unit, locality, or individual shall be responsible for providing all required information and documents according to the demands of the inspection agency.

Article 7. Issuance of Inspection Decision

1. The leading agency conducting administrative inspections shall draft and submit the inspection decision to the authorized person for issuance.

2. At the latest within five days from the date of issuance of the inspection decision, the leading agency conducting the inspection must send the inspection decision to the inspected subject (except in cases of surprise inspections) and the higher-level inspection agency for monitoring and guidance.

Article 8. Development, Approval, and Implementation of the Inspection Plan

1. Development and Approval of the Inspection Plan

a) The head of the inspection team is responsible for drafting the plan for conducting the inspection. The content of the inspection plan includes: Purpose, requirements, content, inspected subjects, period of inspection, methods of conducting the inspection, progress schedule, reporting system, use of equipment and facilities, budget, and other necessary material conditions to support the activities of the inspection team;

b) The head of the inspection team organizes a meeting of the inspection team to discuss the draft inspection plan and report it to the person who issued the inspection decision for review before approval;

c) The person who issued the inspection decision reviews and approves the inspection plan;

d) The time for developing and approving the inspection plan is decided by the person who issued the inspection decision but shall not exceed five days from the date of issuance of the inspection decision.

3. Implementation of the Inspection Plan

a) After the inspection plan has been approved, the head of the inspection team organizes a meeting of the inspection team to disseminate the plan and assign tasks to groups and members of the inspection team; discuss the methods of conducting the inspection; coordination among groups and members of the inspection team;

b) The inspection plan is an internal document of the inspection team and shall not be sent to the inspected subject;

c) The head of the inspection team must closely follow the inspection plan to direct and manage the activities of the inspection team;

d) Groups, teams, and members of the inspection team shall base their implementation plans on the approved inspection plan, report to the head of the inspection team, and develop plans for the tasks assigned by the head of the inspection team.

Article 9. Drafting Guidelines for the Inspected Entity to Report

1. Based on the content of the inspection, the inspection plan, the Head of the Inspection Team shall be responsible for leading the members of the Inspection Team to draft guidelines for the inspected entity to report.

2. The guidelines for the inspected entity to report shall be sent to the inspected entity before the announcement of the inspection decision.

Article 10. Notification of the Announcement of the Inspection Decision

1. The Head of the Inspection Team shall be responsible for notifying the inspected entity about the announcement of the inspection decision. In necessary cases, the Head of the Inspection Team shall be responsible for preparing documents for the person issuing the inspection decision or the authorized representative to notify the inspected entity about the announcement of the inspection decision. The notification must clearly state the time, location, and participants.

2. Participants at the notification session regarding the announcement of the inspection decision include: representatives from the leadership of the main inspecting agency, the Inspection Team, the head of the Public Security unit or locality, and individuals who are the inspected entities. In necessary cases, the Head of the Inspection Team may invite representatives from related agencies, organizations, or individuals to attend the notification session.

Section 2
CONDUCTING THE INSPECTION

Article 11. Announcing the Inspection Decision

1. Within fifteen days from the date of issuance of the inspection decision, the Head of the Inspection Team shall be responsible for announcing the inspection decision.

2. At the session for announcing the inspection decision, there must be representatives from the leadership of the main inspecting agency, the Inspection Team, the head of the Public Security unit or locality, and individuals who are the inspected entities. In necessary cases, the Head of the Inspection Team may invite representatives from related agencies, organizations, or individuals to attend the announcement session.

3. The announcement of the inspection decision shall take place at the headquarters of the inspected entity directly. In cases where it is necessary to announce the inspection decision at another location, the Head of the Inspection Team shall be responsible for reporting to the person issuing the inspection decision for consideration and decision. Based on the instructions of the person issuing the inspection decision, the Head of the Inspection Team shall notify the head of the Public Security unit or locality, the individual who is the inspected entity, and the entity with the headquarters where the Inspection Team announces the inspection decision.

4. Procedure for Announcing the Inspection Decision:

a) The Head of the Inspection Team shall announce the full text of the inspection decision and disseminate relevant contents related to the inspection decision; clearly stating the purpose, requirements, content, and duration of the inspection; the tasks and powers of the Inspection Team; the rights and responsibilities of the inspected entity; the planned schedule of work of the Inspection Team; the working relationship between the Inspection Team and the inspected entity; other related contents concerning the activities of the Inspection Team;

b) Representatives of the inspected entity shall directly report on the inspection contents according to the required outline. The Head of the Inspection Team may request the inspected entity to continue supplementing and completing the report to send to the Inspection Team;

c) The announcement of the inspection decision must be recorded in a minutes document, signed by the Head of the Inspection Team and the representative of the inspected entity.

Article 12. Collection, examination, verification of information and documents related to the content of inspection

1. Members of the Inspection Team shall be responsible for collecting information and documents; evaluating the implementation of policies, laws, functions, tasks, and authorities of the inspected entity related to the assigned inspection content. The provision of files and documents between the Inspection Team and the inspected entity must be recorded in a handover protocol.

2. Based on the collected information and documents, the Inspection Team shall be responsible for researching, analyzing, and evaluating; requesting the inspected entity to explain issues related to the inspection content; conducting on-site inspections and verifications (if necessary) and bearing responsibility for the accuracy and objectivity of the verified information and documents. The results of the verification of information and documents related to the inspection content must be reflected in written statements from the inspected unit, organization, or individual, or in inspection and verification protocols established by the Inspection Team.

Article 13. Handling violations discovered during the inspection process

1. When conducting inspections, if violations are discovered that require immediate handling, the Head of the Inspection Team and members of the Inspection Team must establish violation records as the basis for handling. Violation handling shall be carried out in accordance with the provisions of the Inspection Law and other relevant laws.

2. If violations indicative of criminal offenses are discovered, the Head of the Inspection Team shall report to the decision-maker for review and decision.

3. In cases where the decision-maker for the inspection decides to transfer case files with signs of criminal offenses to the Investigation Agency, the Head of the Inspection Team shall direct the compilation of files and documents for transfer to the Investigation Agency. The transfer of case files with signs of criminal offenses to the Investigation Agency must be recorded in a protocol.

Article 14. Reporting on the progress of inspection tasks

1. The Head of the Inspection Team shall be responsible for reporting to the decision-maker for the inspection about the progress of the Inspection Team's tasks according to the approved inspection plan or at the urgent request of the decision-maker for the inspection.

2. Reports shall be in writing and include the following contents: Progress in task completion; completed content; ongoing inspection content, work to be performed in the near future; recommendations, proposals, difficulties, and obstacles (if any).

3. The decision-maker for the inspection shall be responsible for reviewing and providing specific, direct guidance on reports on the progress of inspection tasks, promptly addressing the recommendations of the Head of the Inspection Team.

Article 15. Amending and Supplementing the Inspection Implementation Plan During the Inspection Process

1. If the decision-maker for the inspection deems it necessary to amend or supplement the inspection implementation plan, the decision-maker for the inspection shall issue a document regarding the amendment or supplementation of the inspection implementation plan and request the Head of the Inspection Team to implement it.

2. If the Head of the Inspection Team proposes amendments or supplements to the inspection implementation plan, they must submit a proposal to the decision-maker for the inspection to consider and decide on the amendment or supplementation of the inspection implementation plan. The proposal for amending or supplementing the inspection implementation plan must clearly state the reasons, content of the amendment or supplementation, and other related contents.

3. The Head of the Inspection Team shall be responsible for notifying the content of the amendment or supplementation of the inspection implementation plan to the inspected entity, members of the Inspection Team, and relevant agencies, organizations, or individuals (if necessary) and organizing its implementation.

Article 16. Changing the Head of the Inspection Team, Members of the Inspection Team, and Supplementing Members of the Inspection Team

1. During the inspection process, the change of the Head of the Inspection Team or members of the Inspection Team shall be carried out in cases where the Head of the Inspection Team or members of the Inspection Team fail to meet the requirements and tasks of the inspection, violate laws, or are relatives of the inspected entity, or for other objective reasons that prevent them from performing their inspection duties.

2. The change of the Head of the Inspection Team or members of the Inspection Team shall be carried out as follows:

a) In the case where the Head of the Inspection Team requests a change, the Head of the Inspection Team shall submit a written report detailing the reasons to the person issuing the inspection decision for consideration and decision.

b) In the case where the person issuing the inspection decision decides to change the Head of the Inspection Team or members of the Inspection Team, they must issue a written decision on the change and notify the Head of the Inspection Team and the changed member.

3. The supplementation of members of the Inspection Team shall be carried out when it is necessary to ensure the progress and quality of the inspection or to meet other requirements arising during the inspection process. The supplementation of members of the Inspection Team shall be considered and decided by the person issuing the inspection decision.

Article 17. Extending the Inspection Period

1. In cases where the content of the inspection is complex, involving the responsibility of many agencies, organizations, or individuals, requiring an extension of the inspection period, the Head of the Inspection Team shall submit a written request to the person issuing the inspection decision to extend the inspection period. The request must clearly state the reasons, the extended period, and the opinions of other members of the Inspection Team regarding the request for extension (if any).

2. Based on the request of the Head of the Inspection Team, the person issuing the inspection decision shall consider and decide to extend the inspection period in accordance with the provisions of the law.

3. The decision to extend the inspection period shall be sent to the Inspection Team, the inspected entity, and related agencies, organizations, or individuals.

Article 18. Reporting on the Results of the Performance of Duties by Members of the Inspection Team

1. Members of the Inspection Team have the responsibility to report in writing to the Head of the Inspection Team on the results of the assigned tasks and must bear responsibility for the accuracy and truthfulness of such reports.

2. The Head of the Inspection Team must provide comments on the reports of the results of the assigned tasks by members of the Inspection Team. If the content of the report is not clear or complete, the Head of the Inspection Team shall require the member of the Inspection Team to supplement it.

Article 19. Concluding the Inspection at the Inspected Location

1. When concluding the inspection at each basic unit within the inspected entity, the Inspection Team must establish an inspection conclusion record between the Inspection Team and the leadership of the basic unit within the inspected entity. The record must be established in two copies, each party holding one copy.

The content of the record includes: time, location, participants; methods of conducting the inspection; observations, evaluations of strengths, weaknesses, violations (if any) according to the planned inspection schedule; causes and responsibilities related to weaknesses and violations (if any); measures applied by the Inspection Team and the person issuing the inspection decision during the inspection process (if any); recommendations of the Inspection Team; suggestions and recommendations of the inspected entity (if any).

2. Before preparing to conclude the inspection at the inspected location, the Head of the Inspection Team shall organize a meeting of the Inspection Team to review and unify remaining work contents according to the planned inspection schedule to be completed until the end of the direct inspection.

3. The Head of the Inspection Team shall notify in writing the time of concluding the direct inspection to the inspected entity or if necessary, may organize a working session with the inspected entity to inform about the time of concluding the direct inspection. The content of the working session must be recorded in a record.

PART 3

CONCLUSION OF INSPECTION

Article 20. Preparing the report on the inspection results

1. The head of the inspection team shall be responsible for leading the preparation of the report on the inspection results. The contents of the report on the inspection results shall be carried out in accordance with Clause 2 of Article 49 of the Inspection Law.

2. During the process of preparing the report on the inspection results, if necessary, the head of the inspection team may seek opinions from relevant agencies, organizations, and individuals to ensure that conclusions, recommendations, and handling measures are accurate and impartial.

3. The head of the inspection team shall solicit the participation opinions of the members of the inspection team regarding the draft report on the inspection results and complete the report on the inspection results. In case the members of the inspection team have differing opinions on the draft report's content, the head of the inspection team shall consider and decide, and bear responsibility under the law and before the person who made the inspection decision regarding the content of the report.

4. Within fifteen days from the date of completion of the inspection at the inspected location, the head of the inspection team shall submit the report on the inspection results to the person who made the inspection decision, along with a report on the differing opinions within the inspection team regarding the content of the report on the inspection results (if any).

Article 21. Reviewing the report on the inspection results

1. The person who made the inspection decision shall directly study or assign a specialized agency or unit to assist in researching and reviewing the contents of the report on the inspection results.

2. If it is necessary to clarify or supplement the contents of the report on the inspection results, the person who made the inspection decision shall organize a meeting of the inspection team to hear their direct report or issue written instructions requiring the head of the inspection team and other members of the team to provide detailed reports.

3. The head of the inspection team shall implement the instructions of the person who made the inspection decision; convene a meeting of the inspection team to discuss and complete supplementary reports, clarifying the report on the inspection results.

4. The Head of the inspection team shall present the supplementary report and provide additional clarification of the inspection result report to the person who issued the inspection decision, along with differing opinions of the members of the inspection team (if any).

Article 22. Drafting the inspection conclusion

1. After receiving the report on the inspection results and any supplementary report (if any) from the inspection team, the person who made the inspection decision shall instruct the head of the inspection team to lead the drafting of the inspection conclusion report to be submitted to the person who made the inspection decision.

2. The person who made the inspection decision shall directly study or assign a specialized unit to research the draft inspection conclusion to advise and propose improvements to the draft inspection conclusion. Advisory and proposal opinions shall be recorded in writing and kept in the inspection file.

3. If necessary, the person who made the inspection decision may send the draft inspection conclusion to the inspected entity or assign the inspection team to collect opinions on the draft inspection conclusion. Any explanations for unresolved issues (if any) between the inspected entity and the content of the draft inspection conclusion shall be provided in writing and accompanied by evidence. The head of the inspection team shall be responsible for studying and proposing to the person who made the inspection decision how to handle the explanations of the inspected entity.

Article 23. Signing, Issuing, and Announcing the Inspection Conclusion

1. Not later than fifteen days from the date of receipt of the report on the inspection results, the person who made the inspection decision must issue an inspection conclusion document and send it to:

a) The inspected entity and relevant agencies, organizations, and individuals as prescribed;

b) The Inspection Department of the Ministry of Public Security if the person who made the inspection decision is the Director General, Commander, Director, Prosecutor, Academy Director, People's Police University President, Provincial Public Security Director, Provincial Fire Prevention and Fighting Director, or Provincial Public Security Inspector;

c) The Provincial Public Security Inspection Department if the person who made the inspection decision is the Head of the Provincial Public Security Bureau.

2. If the inspection conclusion includes handling measures within the authority of the person who made the inspection decision, the head of the inspection team shall draft a handling decision according to the law and submit it to the person who made the inspection decision for signature and issuance.

If the inspection conclusion includes handling measures outside the authority of the person who made the inspection decision, the inspection conclusion shall be sent to the head of the public security unit or local government with the authority to serve as the basis for examination and handling in accordance with Article 40 of the Inspection Law.

3. Announcing the inspection conclusion shall be done either through direct announcement or sending the inspection conclusion to the inspected entity. In the case of a direct announcement of the inspection conclusion, it shall be conducted as follows:

a) The person who made the inspection decision or the head of the inspection team authorized to notify in writing the heads of agencies, organizations, or individuals who are the inspected entities about the time, place, and participants of the announcement session of the inspection conclusion. Participants in the announcement session of the inspection conclusion include the heads of agencies, organizations, or individuals who are the inspected entities, and representatives of relevant agencies, organizations, and individuals;

b) The person who made the inspection decision or the head of the inspection team reads the full text of the inspection conclusion;

c) The announcement of the inspection conclusion shall be recorded in a minutes document.

4. Publicizing the inspection conclusion shall be carried out in accordance with Article 39 of the Inspection Law and Article 46 of Decree No. 86/2011/NĐ-CP dated September 22, 2011, detailing and guiding the implementation of certain provisions of the Inspection Law. The form of publicizing the inspection conclusion shall be proposed by the head of the inspection team and decided by the person who made the inspection decision. Publicizing the inspection conclusion must be recorded in a minutes document.

Article 24. Handing Over Files and Documents

1. After issuing the inspection conclusion, the Head of the Inspection Team shall be responsible for handing over files and documents that do not need to be seized to the inspected entity.

2. The Head of the Inspection Team may decide to hand over files and documents before issuing the inspection conclusion, but must ensure that such files and documents do not need to be seized or are unrelated to the inspection conclusion.

3. The handover of files and documents shall be recorded in a handover record between the Inspection Team and the inspected entity.

Article 25. Summarizing the Activities of the Inspection Team

1. The Head of the Inspection Team shall be responsible for organizing a meeting of the Inspection Team to summarize and draw lessons from the activities of the Inspection Team. The content of the Inspection Team meeting shall be recorded in a minutes document and kept in the inspection file.

2. The content of summarizing the activities of the Inspection Team includes:

a) Evaluating the inspection results compared to the purpose and requirements of the inspection;

b) Evaluating the performance of assigned duties and responsibilities, compliance with regulations on the operation and work relations of the Inspection Team, procedures and processes for conducting an inspection, supervision and inspection regulations for the Inspection Team, conduct rules for inspection officers, and other relevant regulations concerning the activities of the Inspection Team;

c) Experiences drawn from the inspection;

d) Proposing rewards for the Head of the Inspection Team, members of the Inspection Team, and individuals with outstanding achievements in inspection activities (if applicable);

đ) Reviewing and clarifying the responsibility of the Head of the Inspection Team, members of the Inspection Team who violate regulations during inspection activities (if applicable);

e) Any recommendations and proposals of the Inspection Team (if applicable).

3. Upon completion of summarizing the activities of the Inspection Team, the Head of the Inspection Team shall report in writing about the summarized contents of the Inspection Team's activities to the head of the main agency or unit conducting the inspection.

Article 26. Establishing and Transferring the Inspection File

1. The Head of the Inspection Team shall be responsible for organizing the establishment of the inspection file according to the file system regulations for the People's Public Security Inspection.

2. Within thirty days from the date of issuing the inspection conclusion, the Head of the Inspection Team shall be responsible for transferring the inspection file to the main agency or unit conducting the inspection. In case of objective obstacles, the transfer period may be extended but shall not exceed ninety days.

3. The handover of the inspection file must be recorded in a handover record.

Chapter III

IMPLEMENTING PROVISIONS

Article 27. Effective Date

This Circular takes effect from February 20, 2015, and replaces Decision No. 427/2007/QĐ-BCA(V24) dated April 27, 2007, issued by the Minister of Public Security on the administrative inspection procedure within the People's Public Security force.

Article 28. Responsibility for Implementation

1. The Ministry Inspectorate shall be responsible for guiding, urging, and supervising the implementation of this Circular.

2. The heads of the General Directorates, heads of units under the Ministry, Provincial Police Chiefs, Provincial Fire and Rescue Service Directors, and other related organizations and individuals shall be responsible for implementing this Circular.

During the implementation process, if there are difficulties or obstacles, local police units, organizations, and individuals shall reflect them to the Ministry of Public Security (through the Ministry Inspectorate) for timely guidance.