Circular No. 02/2023/TT-TTCP guides the functions, tasks, authorities, and organization of the Provincial Inspectorate and the Inspectorate of districts, cities under provinces, and cities under central municipalities.

CIRCULAR

GUIDELINES ON THE FUNCTIONS, TASKS, POWERS AND ORGANIZATION OF PROVINCE INSPECTORS, CITY INSPECTORS UNDER THE CENTRAL GOVERNMENT; DISTRICT INSPECTORS, URBAN DISTRICT INSPECTORS, CITY INSPECTORS UNDER PROVINCES, AND CITY INSPECTORS UNDER MUNICIPALITIES UNDER THE CENTRAL GOVERNMENT

Pursuant to the Law on Petition dated November 11, 2011;

Pursuant to the Law on Receiving Citizens dated November 25, 2013;

Pursuant to the Law on Local Administration Organization dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Government Organization and the Law on Local Administration Organization dated November 22, 2019;

Pursuant to the Law on Complaints dated June 12, 2018;

Pursuant to the Law on Prevention and Control of Corruption dated November 20, 2018;

Pursuant to the Inspection Law on November 14, 2022;

Pursuant to Decree No. 24/2014/NĐ-CP dated April 4, 2014 of the Government on the organization of specialized agencies under provincial People's Committees and municipal People's Committees directly under the central government; Decree No. 107/2020/NĐ-CP dated September 14, 2020 of the Government amending and supplementing certain articles of Decree No. 24/2014/NĐ-CP dated April 4, 2014 of the Government;

Pursuant to Decree No. 37/2014/NĐ-CP dated May 5, 2014 of the Government on the organization of specialized agencies under district People's Committees, urban district People's Committees, city People's Committees under provinces; Decree No. 108/2020/NĐ-CP dated September 14, 2020 of the Government amending and supplementing certain articles of Decree No. 37/2014/NĐ-CP dated May 5, 2014 of the Government;

Pursuant to Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government on the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies; Decree No. 101/2020/NĐ-CP dated August 28, 2020 of the Government amending and supplementing certain articles of Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government;

Pursuant to Decree No. 43/2023/NĐ-CP dated June 30, 2023 of the Government detailing certain provisions and implementing measures of the Inspection Law;

Pursuant to Decree No. 81/2023/NĐ-CP dated November 27, 2023 of the Government stipulating the functions, tasks, powers, and organizational structure of the Government Inspectorate;

At the proposal of the Director of the Personnel Department and the Director of the Legal Department;

The General Inspectorate of the Government issues this Circular to guide the functions, tasks, powers, and organization of Provincial Inspectors and City Inspectors under the Central Government;

District Inspectors, Urban District Inspectors, City Inspectors under Provinces, and City Inspectors under Municipalities under the Central Government.

PART I

PROVINCIAL INSPECTORS AND CITY INSPECTORS UNDER THE CENTRAL GOVERNMENT

Article 1. Position and Functions

1. Provincial Inspectors and City Inspectors under the Central Government (hereinafter referred to collectively as "Provincial Inspectors") are specialized agencies under the Provincial People's Committee and the Municipal People's Committee directly under the Central Government (hereinafter referred to collectively as "Provincial People's Committee"), assisting the Provincial People's Committee in managing state affairs related to inspection, receiving citizens, handling complaints and denunciations, and preventing corruption and negative practices; performing inspection tasks within the scope of management of the Provincial People's Committee; performing tasks of receiving citizens, handling complaints and denunciations, and preventing corruption and negative practices in accordance with the law.

2. Provincial Inspectors have legal personality, their own seal and separate bank accounts; they are subject to the direction and management of the Chairman of the Provincial People's Committee and are subject to guidance on inspection work and business procedures from the General Inspectorate of the Government.

Article 2. Tasks and Authorities

Provincial Inspectors perform tasks and powers related to inspection, receiving citizens, handling complaints and denunciations, preventing corruption and negative practices in accordance with the law and the following specific tasks and powers:

1. Submit to the provincial People's Committee:

a) Draft decisions and other documents regarding inspection, receiving citizens, handling complaints and denunciations, and preventing corruption and negative practices; draft decisions defining the functions, tasks, powers, and organizational structure of Provincial Inspectors;

b) Draft programs and plans for organizing the implementation of inspection, receiving citizens, handling complaints and denunciations, and preventing corruption and negative practices; draft other documents when assigned.

2. Submit to the Chairman of the Provincial People's Committee draft plans for inspection at the provincial level; draft documents on inspection, receiving citizens, handling complaints and denunciations, and preventing corruption and negative practices within the authority to issue of the Chairman of the Provincial People's Committee when assigned.

3. Implement legal regulatory documents, programs, plans, and other documents on inspection, receiving citizens, handling complaints and denunciations, and preventing corruption and negative practices; promote, disseminate, and educate the public about laws on inspection, receiving citizens, handling complaints and denunciations, and preventing corruption and negative practices.

4. Guide, inspect, and urge the Chairman of the District People's Committee, Urban District People's Committee, City People's Committee under Provinces, and City People's Committee under Municipalities (hereinafter referred to collectively as "District People's Committee"), and the Director of Departments in implementing laws on inspection, receiving citizens, handling complaints and denunciations, and preventing corruption and negative practices.

5. Regarding inspections:

a) Guide the Department Inspectors, District Inspectors, Urban District Inspectors, and City Inspectors under Provinces and Municipalities (hereinafter referred to collectively as "District Inspectors") in drafting inspection plans to be compiled into the provincial inspection plan, submitted to the Chairman of the Provincial People's Committee for issuance; organize the implementation of the provincial inspection plan; monitor, urge, and inspect the implementation of the inspection plans of Department Inspectors and District Inspectors;

b) Inspect the implementation of policies, laws, and tasks and powers of agencies and units under the Provincial People's Committee and District People's Committee; administrative inspections and specialized inspections of organizations and individuals within the scope of management of departments that do not establish inspection agencies; inspect the management of state capital and assets at state-owned enterprises where the Provincial People's Committee is the representative owner upon assignment by the Chairman of the Provincial People's Committee;

c) Re-inspect cases of administrative inspections that have concluded by Department Inspectors and District Inspectors but show signs of violation of the law; inspect other cases when assigned by the Chairman of the Provincial People's Committee;

d) Monitor, urge, and inspect the implementation of conclusions and recommendations of Provincial Inspectors and decisions on inspection by the Chairman of the Provincial People's Committee; verify the accuracy and legality of inspection conclusions of Department Inspectors and District Inspectors and post-inspection decisions of Department Directors and Chairmen of District People's Committees when necessary;

đ) Provide business guidance on inspection to Department Inspectors and District Inspectors; organize training in inspection business for provincial inspection officials.

6. On receiving citizens:

a) Guide District People's Committees and units under the Provincial People's Committee in receiving citizens at designated reception points in accordance with regulations;

b) Inspect and check the responsibility of District People's Committees and specialized agencies under the Provincial People's Committee in implementing laws on receiving citizens and handling citizen petitions.

c) Provide business guidance to staff engaged in citizen reception work at departments, sectors, and district People's Committees.

7. On handling complaints and denunciations:

a) Guide district People's Committees and units under provincial People's Committees in processing complaint and denunciation letters, and resolving complaints and denunciations;

b) Inspect the implementation of laws on complaints and denunciations by specialized agencies under provincial People's Committees, district People's Committees, public service units, and other units under provincial People's Committees as prescribed by law; propose measures to effectively implement complaint and denunciation resolution work within the jurisdiction of the Chairman of the provincial People's Committee;

c) Verify, report verification results, and propose measures to resolve complaints and denunciations within the authority of the Chairman of the provincial People's Committee when assigned;

d) Monitor, urge, and inspect units under the management of the Chairman of the provincial People's Committee in handling complaints; propose the Chairman of the provincial People's Committee or competent authorities to apply necessary measures to stop violations, consider responsibility, and handle those who violate laws on complaints;

đ) Review the resolution of denunciations that have been resolved by the Chairman of the district People's Committee, Department Directors, and equivalent positions but show signs of violating the law; if there is evidence that the resolution of denunciations violates the law, propose the Chairman of the provincial People's Committee to reconsider and resolve according to regulations;

e) Monitor, urge, and inspect the implementation of decisions resolving complaints, conclusions on denunciation contents, and decisions handling denunciations by the Chairman of the provincial People's Committee when assigned;

g) Receive and process letters; resolve complaints and denunciations within the authority as prescribed by law;

8. On preventing and combating corruption and negative practices:

a) Inspect the implementation of laws on preventing and combating corruption and negative practices by district People's Committees and units under provincial People's Committees;

b) Coordinate with the State Audit Office, Investigative Agencies, People's Procuratorates, and People's Courts in preventing, detecting, stopping, and handling corruption and negative practices;

c) Inspect cases showing signs of corruption carried out by personnel working at state-owned enterprises under the local government's jurisdiction, except for cases within the jurisdiction of the Government Inspectorate;

d) Supervise the assets and income declarations of individuals required to declare their assets and income while working at state-owned enterprises under the local government's jurisdiction as prescribed by law;

đ) Inspect the implementation of laws on preventing and combating corruption against joint-stock companies, credit organizations, and social organizations as prescribed by laws on preventing and combating corruption;

e) Conduct internal inspections and supervision to prevent acts of corruption and negative practices in the activities of the provincial inspectorate;

9. During the performance of inspection tasks, citizen reception, complaint and denunciation resolution, and prevention and combating corruption and negative practices, exercise the powers of the provincial inspectorate as prescribed by law; request relevant agencies and units to assign civil servants and officials to participate in inspection teams, complaint and denunciation resolution;

10. Implement international cooperation in the fields of inspection, citizen reception, complaint and denunciation resolution, and prevention and combating corruption and negative practices according to law and the division of responsibilities or delegation by the provincial People's Committee and the Government Inspectorate;

11. Organize research and application of scientific and technological progress; build databases to serve state administration and professional tasks assigned;

12. Organize mid-term and final reviews, draw lessons from inspection activities, citizen reception, complaint and denunciation resolution, and prevention and combating corruption and negative practices; implement information collection, synthesis, and reporting on inspection results, complaint and denunciation resolution, and prevention and combating corruption and negative practices as prescribed by the provincial People's Committee and the Government Inspectorate;

13. Define the functions, tasks, and powers of the office and professional departments under the provincial inspectorate; manage staffing, civil servants, and implement salary systems, policies, incentives, rewards, and disciplinary actions for civil servants under the provincial inspectorate's jurisdiction as prescribed by law and delegated by the provincial People's Committee;

14. Coordinate with department directors and district chairpersons in appointing, dismissing, removing, transferring, rotating, and assigning chief inspectors as prescribed;

15. Manage and utilize allocated financial resources and assets as prescribed by law and delegated by the provincial People's Committee;

16. Perform other tasks assigned by the provincial People's Committee and as prescribed by law.

Article 3. Organization of the Provincial Inspectorate

1. The Provincial Inspectorate consists of the Chief Inspector, Deputy Chief Inspectors, Inspectors, and other civil servants.

a) The Chief Inspector of the Provincial Inspectorate is the head of the Provincial Inspectorate, responsible to the People's Committee, the Chairman of the Provincial People's Committee, and the law for performing the functions, tasks, and powers of the Provincial Inspectorate, of the Chief Inspector, and for carrying out tasks and powers according to the Working Regulations and assignments of the Provincial People's Committee.

The Chief Inspector of the Provincial Inspectorate is appointed, relieved of duty, dismissed, transferred, rotated, or detailed by the Chairman of the Provincial People's Committee after consulting with the General Inspector of the Government;

b) The Deputy Chief Inspector of the Provincial Inspectorate assists the Chief Inspector in performing tasks assigned by the Chief Inspector, and is responsible to the Chief Inspector and the law for the assigned tasks.

When the Chief Inspector is absent, a Deputy Chief Inspector designated by the Chief Inspector shall act on behalf of the Chief Inspector to manage the activities of the Provincial Inspectorate.

The appointment, relief of duty, dismissal, transfer, rotation, or detailing of Deputy Chief Inspectors of the Provincial Inspectorate is decided by the Chairman of the Provincial People's Committee in accordance with the law and upon the recommendation of the Chief Inspector.

2. Organization of the Provincial Inspectorate:

The Provincial Inspectorate has an office and specialized departments to ensure the performance of inspection functions, citizen reception, complaint and denunciation resolution, anti-corruption, anti-neglect supervision, review, and post-inspection handling.

The establishment of specialized departments under the Provincial Inspectorate must comply with regulations on organizational structure and staffing stipulated in local government laws, inspection laws, and other relevant laws.

The Chief Inspector leads and coordinates with the Director of the Department of Home Affairs to submit to the Provincial People's Committee for decision on the organizational structure of the Provincial Inspectorate.

Chapter II

INSPECTORATES OF COUNTIES, DISTRICTS, TOWNHOODS, AND CITIES UNDER PROVINCES, AND CITIES UNDER THE DIRECT CONTROL OF THE CENTRAL GOVERNMENT

Article 4. Position and Functions

1. The County Inspectorate is a specialized agency under the County People's Committee, assisting the County People's Committee in managing state affairs related to inspections, citizen reception, complaint and denunciation resolution, and anti-corruption, anti-neglect; implementing inspection tasks within the scope of management of the County People's Committee; and performing tasks related to citizen reception, complaint and denunciation resolution, and anti-corruption, anti-neglect as prescribed by law.

2. The County Inspectorate has legal personality, its own seal, and separate bank accounts; it is subject to the direction and management of the Chairman of the County People's Committee and the guidance on inspection work and professional instruction from the Provincial Inspectorate.

Article 5. Tasks and Powers

The County Inspectorate performs tasks and powers as prescribed by laws on inspections, citizen reception, complaint and denunciation resolution, anti-corruption, anti-neglect, and the following specific tasks and powers:

1. Submit to the People's Committee at the district level:

a) Drafting decisions and other documents on inspection work, citizen reception, complaint and denunciation resolution, and anti-corruption, anti-neglect; drafting documents defining the functions, tasks, powers, and organizational structure of the County Inspectorate;

b) Draft programs and plans for organizing the implementation of inspection, receiving citizens, handling complaints and denunciations, and preventing corruption and negative practices; draft other documents when assigned.

2. Submitting to the Chairman of the County People's Committee draft documents on inspections, citizen reception, complaint and denunciation resolution, and anti-corruption, anti-neglect within the authority to issue such documents when assigned.

3. Implementing legal normative documents, programs, plans, and documents on inspections, citizen reception, complaint and denunciation resolution, anti-corruption, anti-neglect; providing professional guidance on inspection work, citizen reception, complaint and denunciation resolution, anti-corruption, anti-neglect to agencies, organizations, units under the County People's Committee, and cadres and civil servants at the commune level.

4. Propagating, disseminating, and educating the public about laws on inspections, citizen reception, complaint and denunciation resolution, and anti-corruption, anti-neglect.

5. Guiding, supervising, and urging the Chairman of the Commune People's Committee and heads of specialized agencies under the County People's Committee to implement laws on inspections, citizen reception, complaint and denunciation resolution, and anti-corruption, anti-neglect.

6. Regarding inspections:

a) Drafting the inspection plan of the County Inspectorate, reporting to the Chairman of the County People's Committee for consideration and decision before submitting to the Provincial Inspectorate for consolidation into the provincial inspection plan;

b) Organizing the implementation of the County Inspectorate's tasks in the provincial inspection plan; inspecting the implementation of policies, laws, and tasks and powers of specialized agencies under the County People's Committee and of the Commune People's Committee; inspecting other matters when assigned by the Chairman of the County People's Committee;

c) Monitoring, urging, and inspecting the implementation of conclusions, recommendations of the County Inspectorate, and decisions on inspections by the Chairman of the County People's Committee.

7. Regarding citizen reception, complaint and denunciation resolution:

a) Guiding the Commune People's Committee and agencies, organizations, units under the management of the County People's Committee to perform citizen reception, complaint and denunciation resolution, and complaint and denunciation resolution tasks;

b) Inspecting the responsibility of specialized agencies under the County People's Committee, Commune People's Committees, public service units, and other units under the County People's Committee to implement laws on citizen reception, complaints, and denunciations as prescribed by law; recommending measures to strengthen complaint and denunciation resolution work within the jurisdiction of the Chairman of the County People's Committee;

c) Investigating, reporting investigation results, and recommending solutions to resolve complaints and denunciations within the authority of the Chairman of the County People's Committee when assigned;

d) Monitor, urge, inspect the agencies under the management of the Chairman of the People's Committee at the district level in handling complaints; recommend the Chairman of the People's Committee at the district level or recommend the competent authority to apply necessary measures to stop violations, examine responsibility, and handle persons who violate laws on complaints.

đ) Examine the resolution of denunciations that the Chairman of the People's Committee at the commune level and the Heads of specialized agencies under the People's Committee at the district level have resolved but there are signs of violation of laws; if there is evidence that the resolution of denunciations violates the law, recommend the Chairman of the People's Committee at the district level to reconsider and resolve again in accordance with regulations.

e) Monitor, urge, inspect the implementation of decisions resolving complaints, conclusions on the content of denunciations, decisions handling denunciations of the Chairman of the People's Committee at the district level when assigned.

g) Receive and process letters; resolve complaints and denunciations within the authority as prescribed by law;

8. On preventing and combating corruption and negative practices:

a) Assist the People's Committee at the district level in state management of anti-corruption and anti-neglect work; perform tasks and powers in anti-corruption and anti-neglect work in accordance with the provisions of the law.

b) Coordinate with the State Audit Office, Investigative Agencies, People's Procuratorates, and People's Courts in preventing, detecting, stopping, and handling corruption and negative practices;

c) Internal inspection and supervision to prevent acts of corruption and neglect in the activities of the District Inspectorate.

9. During the process of performing inspection tasks, receiving citizens, handling complaints and denunciations, and anti-corruption and anti-neglect work, exercise the powers of the District Inspectorate as prescribed by law; request relevant agencies and units to assign civil servants and officials to participate in inspection teams, complaint resolution teams.

10. Organize the application of scientific and technological progress; build information systems and archives to serve state management and professional duties of the District Inspectorate.

11. Summarize, provide information, report the results of inspection work, citizen reception, complaint resolution, denunciation resolution, anti-corruption, and anti-neglect work according to the regulations of the People's Committee at the district level and the Provincial Inspectorate.

12. Manage staffing, civil servants, implement systems, policies, incentives, rewards, and disciplinary actions for civil servants under the management of the District Inspectorate in accordance with the law and the delegation of the People's Committee at the district level.

13. Manage and use financial resources and assets allocated in accordance with the law and the delegation of the People's Committee at the district level.

14. Perform other tasks assigned by the People's Committee at the district level and as prescribed by law.

Article 6. Organization of the District Inspectorate

1. The District Inspectorate has a Chief Inspector, Deputy Chief Inspectors, Inspector officers, and other civil servants.

a) The Chief Inspector of the District Inspectorate is the head of the District Inspectorate, responsible before the People's Committee, the Chairman of the People's Committee at the district level, and before the law for performing the functions, tasks, and powers of the District Inspectorate, of the Chief Inspector, and performing tasks and powers according to the Working Regulations and division of labor by the People's Committee at the district level.

The Chief Inspector of the District Inspectorate is appointed, relieved, dismissed, transferred, rotated, or detailed by the Chairman of the People's Committee at the district level after consulting the opinion of the Chief Inspector of the Central Inspectorate.

b) The Deputy Chief Inspector of the District Inspectorate assists the Chief Inspector of the District Inspectorate in performing tasks assigned by the Chief Inspector of the District Inspectorate, responsible before the Chief Inspector of the District Inspectorate and before the law for the tasks assigned.

When the Chief Inspector of the District Inspectorate is absent, a Deputy Chief Inspector of the District Inspectorate is authorized by the Chief Inspector of the District Inspectorate to replace the Chief Inspector of the District Inspectorate in directing the activities of the District Inspectorate.

The appointment, relief, dismissal, transfer, rotation, or detailing of the Deputy Chief Inspector of the District Inspectorate is decided by the Chairman of the People's Committee at the district level in accordance with the law and the proposal of the Chief Inspector of the District Inspectorate.

2. The organization of the District Inspectorate must ensure compliance with criteria similar to other specialized departments under the People's Committee at the district level as prescribed by the law on local administration; ensuring sufficient conditions to perform functions and tasks related to inspection, citizen reception, complaint resolution, denunciation resolution, anti-corruption, anti-neglect, and other tasks as prescribed.

Chapter III

IMPLEMENTING PROVISIONS

Article 7. Effective Date

This Circular takes effect from February 10, 2024.

Circular Jointly Issued No. 03/2014/TTLT-TTCP-BNV dated September 8, 2014, of the Government Inspectorate and the Ministry of Home Affairs guiding the functions, tasks, powers, and organizational structure of the Provincial Inspectorate, the Inspectorate of cities directly under the central government, the District Inspectorate, the Inspectorate of districts, towns, and cities under provinces, shall cease to be effective from the date this Circular becomes legally binding.

Article 8. Responsibility for Implementation

1. The People's Committee at the provincial level and the People's Committee at the district level are responsible for organizing the implementation of this Circular.

2. In the course of implementation, if there are difficulties, it is recommended that the People's Committee at the provincial level and relevant agencies, organizations, and individuals promptly reflect to the Government Inspectorate for consideration and resolution within their jurisdiction./.