This joint circular stipulates the functions, tasks, powers, and organizational structure of provincial inspections and county inspections in Vietnam. Accordingly, provincial inspections play a significant role in implementing policies and laws, supervising the activities of provincial administrative agencies and localities; while county inspections are responsible for inspection work, handling complaints and reports, and preventing corruption at the local level. This circular takes effect from November 1, 2014, and replaces the previous joint circular.
Scope of application
Provincial People's Committees, District People's Committees
Key points
- Functions and tasks of provincial inspections and county inspections
- Powers of provincial inspections and county inspections
- Organizational structure of provincial inspections and county inspections
- Effective date from November 1, 2014
- Replaces Joint Circular No. 475/2009/TTLT-TTCP-BNV
🌐 Social impact of this document
- Enhance the effectiveness of inspection activities, complaint resolution, and anti-corruption efforts at the local level
- Continue to improve the legal system regarding the organizational structure of administrative agencies
❓ Frequently asked questions
What is the purpose of this joint circular?
The purpose of this joint circular is to clearly define the functions, tasks, powers, and organizational structures of provincial inspections and county inspections in order to enhance the effectiveness of inspection activities, complaint resolution, and anti-corruption efforts at the local level.
Does this joint circular replace any other circulars?
Yes, this joint circular replaces Joint Circular No. 475/2009/TTLT-TTCP-BNV issued by the Government Inspectorate and the Ministry of Home Affairs.
Full text
JOINT CIRCULAR
H||| Guidelines on functions, tasks, authorities, and organizational structure
||| of provincial inspectors, centrally governed city inspectors, district inspectors
district, city under provinceh
__________________
Based on the Inspection Law dated November 15, 2010;
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;
Pursuant to Decree No. 132/2013/ND-CP dated October 16, 2013 of the Government on the functions, tasks, and powers of Ministries and ministerial-level agencies;
Pursuant to Decree No. 36/2012/NĐ-CP dated April 18, 2012, of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;
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. 58/2014/NĐ-CP dated June 16, 2014, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;
||| The Inspector General of the Government and the Minister of Interior shall provide guidelines on the functions, tasks, authorities, and organizational structure of provincial inspectors, centrally governed city inspectors, district inspectors, town inspectors, and city inspectors under provinces.
PART I
PROVINCIAL INSPECTORS AND CITY INSPECTORS UNDER THE CENTRAL GOVERNMENT
||| Article 1. Position and Function of Provincial Inspectors
||| 1. Provincial Inspectors (hereinafter referred to collectively as Provincial Inspectors) are specialized agencies under the People's Committees of provinces and centrally governed cities (hereinafter referred to collectively as Provincial People's Committees) with the function of advising and assisting Provincial People's Committees in state management of inspection work, handling complaints and denunciations, and preventing corruption; conducting inspections, handling complaints and denunciations, and preventing corruption in accordance with the law.
||| 2. Provincial Inspectors have legal personality, their own seals and bank accounts; they are subject to direction and management regarding organization, staffing, and personnel work by the Provincial People's Committee directly by the Chairman of the Provincial People's Committee; at the same time, they are subject to direction in work and guidance in organization and business by the State Inspectorate.
||| Article 2. Tasks and Authorities of Provincial Inspectors
||| Provincial Inspectors perform tasks and authorities as prescribed by laws on inspection, complaints, denunciations, and anti-corruption, and the following specific tasks and authorities:
1. Submit to the provincial People's Committee:
||| a) Draft decisions, directives, and other documents within the authority of the Provincial People's Committee concerning the fields of inspection, complaint resolution, denunciation resolution, and anti-corruption;
||| b) Draft planning for five-year and annual programs; plans, projects, measures to organize the implementation of administrative reform tasks in the fields under assigned state management;
||| c) Draft normative legal documents specifying standards for positions at the level of heads and deputies of organizations under Provincial Inspectors; Chief Inspectors and Deputy Chief Inspectors of departments; Chief Inspectors and Deputy Chief Inspectors of districts, towns, and cities under provinces.
2. Submitting to the Chairman of the Provincial People's Committee:
||| a) Draft individual decisions and directives on inspection work, complaint resolution, denunciation resolution, and anti-corruption within the authority to issue by the Chairman of the Provincial People's Committee;
||| b) Draft annual inspection plans and other programs and plans as prescribed by law.
||| c) Draft decisions on establishing, merging, splitting, or dissolving units under Provincial Inspectors.
||| 3. Implement normative legal documents, programs, and plans on inspection, complaint resolution, denunciation resolution, and anti-corruption after approval; disseminate information, publicize, educate on laws related to inspection, complaint resolution, denunciation resolution, and anti-corruption.
||| 4. Guide, inspect, and urge Chairmen of District People's Committees, Town People's Committees, City People's Committees under provinces, Department Directors in implementing laws on inspection, complaint resolution, denunciation resolution, and anti-corruption.
||| 5. Direct, guide, and inspect administrative inspection work, complaint resolution, and denunciation resolution for District Inspectors, Town Inspectors, City Inspectors under provinces, Department Inspectors.
6. Regarding inspections:
||| a) Direct, guide, inspect, and urge the establishment and implementation of inspection programs and plans by District Inspectors, Town Inspectors, City Inspectors under provinces, Department Inspectors;
||| b) Inspect the implementation of policies, laws, and tasks of District People's Committees, Town People's Committees, City People's Committees under provinces, specialized agencies under Provincial People's Committees; inspect complex cases involving the responsibility of many departments, District People's Committees, Town People's Committees, City People's Committees under provinces; inspect state-owned enterprises established by the decision of the Chairman of the Provincial People's Committee and other agencies and units according to approved plans or unexpectedly when signs of law violations are discovered;
||| c) Inspect other cases assigned by the Chairman of the Provincial People's Committee;
||| d) Monitor, inspect, and urge the implementation of conclusions, recommendations, and post-inspection handling decisions by the Chief Inspector of the province and the Chairman of the Provincial People's Committee;
||| đ) Verify the accuracy and legality of inspection conclusions and post-inspection handling decisions by Department Directors, Chairmen of District People's Committees, Town People's Committees, City People's Committees under provinces, Chief Inspectors of Departments, Chief Inspectors of Districts, Towns, Cities under provinces when necessary;
||| e) Decide to reinspect cases concluded by Department Directors but found to have signs of law violations upon assignment by the Chairman of the Provincial People's Committee; decide to reinspect cases concluded by Chairmen of District People's Committees, Town People's Committees, City People's Committees under provinces, Chief Inspectors of Departments, Chief Inspectors of Districts, Towns, Cities under provinces but found to have signs of law violations;
||| g) Require Department Directors, Chairmen of District People's Committees, Town People's Committees, City People's Committees under provinces to inspect within their management scope when signs of law violations are discovered; if Department Directors, Chairmen of District People's Committees, Town People's Committees, City People's Committees under provinces disagree, they have the right to issue inspection decisions and report to the Chairman of the Provincial People's Committee.
7. On handling complaints and denunciations:
||| a) Guide District People's Committees, Town People's Committees, City People's Committees under provinces, units under Provincial People's Committees in receiving citizens, handling complaints and denunciations, resolving complaints and denunciations; implement citizen reception at workplaces as prescribed;
||| b) Inspect and check the responsibility of Chairmen of District People's Committees, Town People's Committees, City People's Committees under provinces, Heads of units under Provincial People's Committees in receiving citizens, resolving complaints and denunciations; recommend measures to improve complaint and denunciation resolution work within the jurisdiction of the Chairman of the Provincial People's Committee;
||| c) Verify, conclude, and recommend the resolution of complaints and denunciations within the authority of the Chairman of the Provincial People's Committee when assigned.
d) Review and conclude on the handling of complaints that have been resolved by the Chairman of the People's Committee of the district, town, city, provincial city, Director of the Department but there are signs of violation of the law; in cases where there is evidence to suggest that the handling of the complaint violates the law, recommend that the Chairman of the Provincial People's Committee review and resolve again according to regulations;
đ) Monitor, inspect, and urge the implementation of decisions resolving appeals, conclusions on the content of complaints, and decisions dealing with complaints made by the Chairman of the Provincial People's Committee;
e) Receive and process appeal and complaint letters; resolve appeals and complaints within their jurisdiction as prescribed by law;
8. On anti-corruption:
a) Inspect the implementation of legal provisions on anti-corruption by the People's Committee of the district, town, city, provincial city, and agencies and units under the Provincial People's Committee;
b) Coordinate with the State Audit Agency, investigation agency, People's Procuracy, and People's Court in detecting acts of corruption and handling persons involved in such acts;
c) Conduct verification of asset declarations and income as prescribed by law on anti-corruption; compile results of declarations, public disclosures, verifications, conclusions, and handling of violations related to transparency of assets and income within their jurisdiction; periodically report results to the Inspectorate of the Government;
d) Conduct internal inspection and supervision to prevent acts of corruption in inspection activities, appeal and complaint resolution, and anti-corruption efforts;
9. During the performance of inspection tasks, appeal and complaint resolution, and anti-corruption work, the Provincial Inspectorate shall exercise its powers as prescribed by law; may request relevant agencies and units to assign officials, civil servants, and employees to participate in inspection teams, appeal and complaint resolution teams;
10. Implement international cooperation in the field of inspection, appeal and complaint resolution, and anti-corruption as prescribed by law and assigned or delegated by the Provincial People's Committee and the Inspectorate of the Government;
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, appeal and complaint resolution, and anti-corruption work; implement information dissemination, compilation, and reporting of inspection, appeal and complaint resolution, and anti-corruption work results as prescribed by the Provincial People's Committee and the Inspectorate of the Government;
13. Define the functions, tasks, and authorities of the office and specialized departments under the Provincial Inspectorate; manage staffing, civil servants, implement salary policies, incentives, training, commendation, and disciplinary measures for civil servants under the management of the Provincial Inspectorate as prescribed by law and delegated by the Provincial People's Committee;
14. Coordinate with the Director of the Department and the Chairman of the People's Committee of the district, town, city, provincial city in appointing, relieving, and dismissing Inspector positions; participate in consultations regarding the transfer and rotation of Inspectors under the Department Inspectorate and District, Town, City, Provincial City Inspectorates;
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. Leadership of the Provincial Inspectorate
1. The Provincial Inspectorate has one Chief Inspector and not more than three Deputy Chief Inspectors; for Hanoi and Ho Chi Minh City, not more than four Deputy Chief Inspectors.
2. The Chief Inspector of the Provincial Inspectorate is the head of the Provincial Inspectorate, responsible before the People's Committee, the Chairman of the Provincial People's Committee, and the law for all activities of the Provincial Inspectorate.
The appointment and reappointment of the Chief Inspector of the Provincial Inspectorate is decided by the Chairman of the Provincial People's Committee based on professional standards issued by the Inspectorate of the Government and after consultation with the Inspector General of the Government.
The removal and dismissal of the Chief Inspector of the Provincial Inspectorate is decided by the Chairman of the Provincial People's Committee according to the law after consultation with the Inspector General of the Government.
3. Deputy Chief Inspectors assist the Chief Inspector and are responsible before the Chief Inspector and the law for the tasks assigned to them; when the Chief Inspector is absent, a Deputy Chief Inspector appointed by the Chief Inspector shall lead the activities of the Provincial Inspectorate.
The appointment and reappointment of Deputy Chief Inspectors of the Provincial Inspectorate are decided by the Chairman of the Provincial People's Committee based on professional standards issued by the Inspectorate of the Government and upon recommendation by the Chief Inspector.
The removal and dismissal of Deputy Chief Inspectors of the Provincial Inspectorate are decided by the Chairman of the Provincial People's Committee according to the law and upon recommendation by the Chief Inspector.
4. Commendations, disciplinary actions, and other policy benefits for the Chief Inspector and Deputy Chief Inspectors of the Provincial Inspectorate are implemented as prescribed by law.
Article 4. Organizational Structure of the Provincial Inspectorate
1. The organizations established under the Provincial Inspectorate include:
a) Office
The Office has the function of advising the Head of the Provincial Inspectorate on general work, administrative, document management, archival, financial, administrative management, service provision to ensure the activities of the Provincial Inspectorate, organizational and personnel work, commendation and reward, legal affairs, and public reception.
b) Inspection Departments for Complaint Resolution and Petition Handling 1, 2, 3...
The Inspection Departments for Complaint Resolution and Petition Handling assist the Head of the Provincial Inspectorate in performing state management functions regarding inspection work, complaint resolution, and petition handling within the scope of the provincial People's Committee's jurisdiction; they carry out inspection tasks, complaint resolution, and petition handling within their assigned responsibilities.
c) Anti-Corruption Inspection Department
The Anti-Corruption Inspection Department assists the Head of the Provincial Inspectorate in managing state functions related to anti-corruption work.
d) Supervision, Inspection, and Post-Inspection Handling Department
The Supervision, Inspection, and Post-Inspection Handling Department assists the Head of the Provincial Inspectorate in supervising and inspecting the activities of inspection teams of the Provincial Inspectorate; reviewing draft inspection conclusions prepared by the Provincial Inspectorate's inspection teams; monitoring, inspecting, and urging the implementation of inspection conclusions, recommendations, and decisions made by the Provincial Inspectorate and the Chairman of the provincial People's Committee.
2. Based on the nature, characteristics, and requirements of state management over inspection work, complaint resolution, petition handling, and anti-corruption at the local level, the Head of the Provincial Inspectorate, in collaboration with the Director of the Provincial Department of Home Affairs, shall submit to the Chairman of the provincial People's Committee for decision on the number and names of specialized departments under the Provincial Inspectorate, not exceeding seven departments and offices; for Hanoi City and Ho Chi Minh City, this number does not exceed nine.
Article 5. Staffing of the Provincial Inspectorate
1. The staffing of civil servants of the Provincial Inspectorate is allocated based on job positions, linked to functions, tasks, scope of activities, and included within the total staffing of civil servants in administrative agencies and organizations of the province as assigned by the competent authority.
2. Based on functions, tasks, organizational structure, and the list of job positions, as well as the civil servant grade structure approved by the competent authority, the Provincial Inspectorate annually develops a staffing plan for civil servants in accordance with the provisions of the law to ensure the fulfillment of assigned tasks.
Chapter II
INSPECTION OF DISTRICTS, COUNTIES, TOWNS, AND PROVINCE-GOVERNED CITIES
Article 6. Position and Functions of the District, County, Town, and Province-Governed City Inspectors
1. The District, County, Town, and Province-Governed City Inspectors (hereinafter referred to collectively as the District Inspector) are specialized agencies under the District, County, Town, and Province-Governed City People's Committees (hereinafter referred to collectively as the District People's Committee) with the function of advising and assisting the District People's Committee in managing state functions related to inspection work, complaint resolution, petition handling, and anti-corruption; conducting inspections, complaint resolution, petition handling, and anti-corruption according to the provisions of the law.
2. The District Inspector has its own seal and separate account; it is subject to the direction and management of organization, staffing, and personnel work by the District People's Committee, directly by the Chairman of the District People's Committee; at the same time, it is subject to guidance on work and professional instruction from the Provincial Inspectorate.
Article 7. Duties and powers of the County Inspectorate
The County Inspectorate performs duties and powers as prescribed by laws on inspection, handling complaints and denunciations, preventing and combating corruption, and specific duties and powers as follows:
1. Submit to the People's Committee at the county level for issuance of decisions and directives on inspection work, complaint and denunciation handling, prevention and combating of corruption; programs and measures to organize the implementation of administrative reform tasks within the scope of state management assigned.
2. Submit to the Chairman of the People's Committee at the county level the annual inspection plan and other programs and plans as prescribed by law.
3. Implement normative legal documents, programs, and plans after approval by the People's Committee at the county level or the Chairman of the People's Committee at the county level.
4. Provide information, disseminate, popularize, and educate the law on inspection, complaint and denunciation handling, and prevention and combating of corruption; guide professional matters related to inspection, complaint and denunciation handling, and prevention and combating of corruption for cadres and civil servants at commune, ward, town levels.
5. Guide, inspect, and urge the Chairmen of the People's Committees at commune, ward, town levels, and Heads of specialized agencies under the People's Committee at the county level in implementing laws on inspection, complaint and denunciation handling, and prevention and combating of corruption.
6. Coordinate with the Vietnam Fatherland Front Committee at the same level to guide professional matters for People's Inspection Committees at commune, ward, town levels.
7. On inspection:
a) Inspect the implementation of policies, laws, and tasks of the People's Committees at commune, ward, town levels, and specialized agencies under the People's Committee at the county level; inspect complex cases involving the responsibility of multiple People's Committees at commune, ward, town levels, multiple specialized agencies under the People's Committee at the county level, and other agencies and units according to approved plans or on an urgent basis when signs of law violations are detected;
b) Inspect other cases assigned by the Chairman of the People's Committee at the county level;
c) Monitor, inspect, and urge the implementation of conclusions, recommendations, and decisions on inspection by the County Inspectorate and the Chairman of the People's Committee at the county level.
8. On handling complaints and denunciations:
a) Guide the People's Committees at commune, ward, town levels and agencies, organizations, units under the management of the People's Committee at the county level in receiving citizens, processing complaints and denunciations, and resolving complaints and denunciations;
b) Inspect and check the responsibility of the Chairmen of the People's Committees at commune, ward, town levels, and Heads of agencies, organizations, units under the management of the People's Committee at the county level in receiving citizens and resolving complaints and denunciations; recommend measures to strengthen complaint and denunciation resolution work within the jurisdiction of the Chairman of the People's Committee at the county level;
c) Verify, conclude, and recommend the resolution of complaints and denunciations within the authority of the Chairman of the People's Committee at the county level when assigned;
d) Examine and conclude the resolution of denunciations that the Chairmen of the People's Committees at commune, ward, town levels and Heads of specialized agencies under the People's Committee at the county level have resolved but show signs of law violations; if there is evidence that the resolution of denunciations violates the law, recommend the Chairman of the People's Committee at the county level to reconsider and resolve again according to regulations;
đ) Monitor, inspect, and urge the implementation of decisions on complaint resolution, conclusions on denunciation contents, and decisions on denunciation handling by the Chairman of the People's Committee at the county level;
e) Receive and process appeal and complaint letters; resolve appeals and complaints within their jurisdiction as prescribed by law;
9. On prevention and combating of corruption:
a) Inspect and check the implementation of legal provisions on prevention and combating of corruption by the People's Committees at commune, ward, town levels and agencies, units under the management of the People's Committee at the county level;
b) Coordinate with the State Audit Agency, investigation agency, People's Procuracy, and People's Court in detecting acts of corruption and handling persons involved in such acts;
c) Conduct verification of asset declarations and income as prescribed by laws on prevention and combating of corruption; compile results of declarations, public disclosures, verifications, conclusions, and handling of violations regarding asset transparency and income within their localities; periodically report results to the Provincial Inspectorate;
d) Conduct internal inspection and supervision to prevent acts of corruption in inspection activities, appeal and complaint resolution, and anti-corruption efforts;
10. During the performance of inspection, complaint and denunciation handling, and prevention and combating of corruption tasks, the County Inspectorate exercises powers as prescribed by law; may request relevant agencies and units to assign cadres, civil servants, and employees to participate in inspection teams, complaint and denunciation handling teams, and prevention and combating of corruption teams.
11. Organize the application of scientific and technological progress; build information systems and archives to serve state management and professional work of the County Inspectorate.
12. Summarize, provide information, and report the results of inspection, complaint and denunciation handling, and prevention and combating of corruption work as prescribed by the People's Committee at the county level and the Provincial Inspectorate.
13. Manage staffing, civil servants, implement systems, policies, incentives, rewards, disciplinary actions, training, and upgrading for civil servants under the management of the County Inspectorate according to law and the delegation of the People's Committee at the county level.
14. Manage and use financial resources and assets allocated according to law and the delegation of the People's Committee at the county level.
15. Perform other tasks assigned by the People's Committee at the county level and as prescribed by law.
Article 8. Organization and staffing of the County Inspectorate
1. The County Inspectorate shall have a Chief Inspector and not more than two Deputy Chief Inspectors.
a) The Chief Inspector of the County Inspectorate is the head of the County Inspectorate agency, accountable to the People's Committee, the Chairman of the People's Committee at the county level, and to the law for all activities of the County Inspectorate.
The appointment and reappointment of the Chief Inspector of the County Inspectorate shall be decided by the Chairman of the People's Committee at the county level based on the professional and vocational standards issued by the People's Committee at the provincial level, and after reaching consensus with the Chief Inspector of the province.
The removal from office and dismissal of the Chief Inspector of the County Inspectorate shall be decided by the Chairman of the People's Committee at the county level in accordance with the provisions of the law, after reaching consensus with the Chief Inspector of the province.
b) The Deputy Chief Inspector of the County Inspectorate assists the Chief Inspector of the County Inspectorate and is accountable to the Chief Inspector of the County Inspectorate and to the law for the tasks assigned.
The appointment and reappointment of the Deputy Chief Inspector of the County Inspectorate shall be decided by the Chairman of the People's Committee at the county level based on the professional and vocational standards issued by the People's Committee at the provincial level, and upon the proposal of the Chief Inspector of the County Inspectorate.
The removal from office and dismissal of the Deputy Chief Inspector of the County Inspectorate shall be decided by the Chairman of the People's Committee at the county level in accordance with the provisions of the law, and upon the proposal of the Chief Inspector of the County Inspectorate.
Commendation, disciplinary action, and other policies for the Chief Inspector and Deputy Chief Inspector of the County Inspectorate shall be implemented in accordance with the provisions of the law.
2. The staffing of civil servants of the County Inspectorate shall be allocated based on job positions, aligned with functions, tasks, scope of operations, and within the total staffing of civil servants in administrative agencies and organizations at the county level assigned by the competent authority.
3. Based on functions, tasks, list of job positions, and the civil service grade structure approved by the competent authority, the County Inspectorate shall annually develop a staffing plan for civil servants in accordance with the provisions of the law to ensure the fulfillment of assigned tasks.
Chapter III
IMPLEMENTING PROVISIONS
Article 9. Effective Date
This Circular takes effect from November 1, 2014, and replaces Circular Joint No. 475/2009/TTLT-TTCP-BNV dated March 13, 2009, of the Government Inspectorate and the Ministry of Home Affairs guiding the functions, tasks, powers, and organizational structure of the Provincial Inspectorate, City Inspectorate under the Central Government, County Inspectorate, District Inspectorate, City Inspectorate under the Province, and Town Inspectorate.
Article 10. Responsibility for Implementation
1. The People's Committee at the provincial level is responsible for organizing and implementing this Circular Joint; specifying the tasks, powers, and organizational structure of the Provincial Inspectorate; guiding the People's Committee at the county level to specify the tasks, powers, and organizational structure of the County Inspectorate.
2. During the implementation process, if there are any emerging issues or difficulties, the People's Committee at the provincial level shall promptly report to the Government Inspectorate and the Ministry of Home Affairs for consideration and resolution within their jurisdiction./.
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