Circular No. 03/2015/TT-BCA on cooperation in administrative inspection activities of the People's Public Security Force

CIRCULAR
Regulations on Coordination in Administrative Inspection Activities
of the People's Public Security Forces

Pursuant to the Inspection Law 2010;

Pursuant to Decree No. 86/2011/NĐ-CP dated September 22, 2011 detailing and guiding the implementation of certain provisions of the Law on Inspection (hereinafter referred to as Decree No. 86/2011/NĐ-CP);

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/NĐ-CP dated November 17, 2014 stipulating 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 on coordination in administrative inspection activities of the People's Public Security force.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the purpose, principles, and responsibilities in coordinating between state administrative inspection agencies within the People's Public Security force (hereinafter referred to as administrative inspection agencies) and public security units and localities in drafting inspection plans, conducting inspections, implementing inspection conclusions, and decisions on handling administrative inspection matters of the People's Public Security force.

Article 2. Applicability

This Circular applies to:

1. Local public security units.

2. Heads of administrative inspection agencies, Inspectors-in-Chief, members of administrative inspection teams, inspectors, and inspection associates;

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

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

Joint Circular No. 02/2023/TTLT-BCA-VKSNDTC-TANDTC stipulates the coordination in exchanging information among authorized investigative agencies of the Public Security Organs, the People's Procuracy, and the People's Courts in investigation, prosecution, and trial of money laundering and terrorist financing offenses.

Coordination in administrative inspection activities of the People's Public Security force aims to mobilize necessary forces from functional units to effectively implement administrative inspection work of the People's Public Security force.

1. Ensuring timely coordination and direction from central to local investigative agencies to promptly resolve difficulties and obstacles in the work of investigating, prosecuting, and trying money laundering and terrorist financing offenses.

1. Compliance with the provisions of this Circular and relevant laws; consistency with assigned functions, tasks, and powers; no hindrance to the normal operations of cooperating agencies and units.

2. Ensuring timeliness, accuracy, effectiveness, objectivity, and democracy during the coordination process and the performance of inspection tasks.

3. Difficulties and obstacles encountered during coordination must be promptly resolved by participating agencies, units, and individuals. In cases where difficulties and obstacles cannot be resolved by the cooperating agencies and units, the head of the administrative inspection agency shall report to the head of the corresponding level public security agency for decision.

4. Strictly prohibited is the abuse of coordination to illegally interfere with administrative inspection activities and the performance of functions and tasks of participating agencies and units.

Article 5. Responsibilities in coordinating to perform administrative inspection tasks

1. The Inspectorate of the Ministry assists the Minister in overseeing coordination in administrative inspection activities of the People's Public Security force.

2. Administrative inspection agencies at units and local levels assist their respective heads of public security agencies in coordinating to perform administrative inspection tasks; promptly report to their respective heads of public security agencies and higher-level administrative inspection agencies on the situation and results of coordination within their assigned functions and tasks; advise and propose solutions to difficulties, obstacles, and emerging issues during the coordination process to perform administrative inspection tasks.

3. Heads of public security agencies at all levels, within their assigned functions and tasks, are responsible for considering and implementing requests and proposals of administrative inspection agencies and Inspectors-in-Chief in accordance with the law; creating favorable conditions for inspection teams to complete their assigned tasks.

Chapter II

SPECIFIC PROVISIONS

Article 6. Coordination in Providing Information and Documents for Inspection Plan Development

1. The inspection agency, based on its functions and tasks, shall have the responsibility to regularly collect information on the implementation of policies, laws, duties, and authorities of agencies, organizations, units, and individuals within the People's Public Security and the management requirements of the head of the same-level public security agency to develop inspection plans.

2. In cases where necessary, when developing the annual inspection plan, the head of the inspection agency may request relevant agencies and units of the public security force to provide information and documents, participate in opinions, and propose issues that need to be included in the inspection plan.

3. The head of the agency or unit receiving requests to provide information and documents or to participate in opinions on the development of inspection plans shall have the responsibility to provide information and documents and participate in opinions in writing regarding the development of inspection plans.

Article 7. Coordination in Handling Overlapping Activities in Administrative Inspections

1. When overlapping occurs in the scope, objects, contents, time, or territory of inspections by any unit or locality, the head of the inspection agency of that unit or locality shall handle it; if it exceeds their authority, they must promptly report and propose to the head of the higher-level inspection agency for handling.

2. Upon receiving an inspection decision from an agency outside the People's Public Security force concerning an agency or unit under their management, the head of the public security agency being inspected shall have the responsibility to report to the higher-level inspection agency of the public security force to handle overlapping activities in terms of scope, objects, contents, time, or territory of inspections within their authority.

Article 8. Coordination in Summoning Inspection Collaborators

1. When there is a request to summon inspection collaborators from any agency or unit, the inspection agency must send a written notice to the head of that agency or unit to agree on the summoning of inspection collaborators. After reaching an agreement with the direct supervisor of the person to be summoned, the inspection agency shall issue a decision to summon the inspection collaborator.

2. Upon receiving a request from the inspection agency, the direct supervisor of the collaborator must arrange suitable staff according to the requirements of the inspection agency. If, due to objective reasons, it is not possible to arrange an inspection collaborator as requested by the inspection agency, this must be promptly notified to the inspection agency for coordination in resolving the matter.

3. The inspection agency summoning inspection collaborators shall have the responsibility to arrange collaborators according to their expertise and suitability for the inspection requirements and tasks; manage the collaborators during the summoning period; implement or propose to the head of the collaborator's managing agency and the head of the same-level public security agency to implement the regulations and policies for inspection collaborators as stipulated by law.

4. Within ten working days from the end of the summoning period, the summoning agency must submit a written evaluation of the collaborator's performance to the head of the direct managing agency of the person summoned. The content of the evaluation includes the fulfillment of responsibilities and tasks; compliance with prohibitions for inspection collaborators; results and quality of the collaborator's performance of duties and powers; recommendations for rewards or disciplinary actions (if applicable).

Article 9. Coordination in Providing Information and Documents During the Inspection Process

1. The person issuing the inspection decision, the Head of the Inspection Team, members of the Inspection Team, agencies, organizations, and individuals related to the inspection shall implement requests for providing information and documents related to the inspection content in accordance with Article 35 of Decree No. 86/2011/NĐ-CP.

2. When deemed necessary, the person issuing the inspection decision, the Head of the Inspection Team, or members of the Inspection Team may directly or through a written request require agencies, organizations, and individuals possessing relevant information and documents to provide such information and documents. Requests for providing information and documents must clearly specify the content, deadline, and form of provision.

3. Agencies, organizations, and individuals have the responsibility to provide information and documents promptly, within the specified time frame, fully, and bear legal responsibility for the truthfulness and accuracy of the provided information and documents. In cases where it is not possible to fulfill the request for providing information and documents, they must submit a written document to the requesting party explaining the reasons for not fulfilling the request.

Article 10. Coordination in Implementing Expert Appraisals

1. During the inspection process, if there are contents or issues for which the Inspection Team lacks sufficient grounds to conclude or handle, and it is deemed necessary to conduct an expert appraisal, the Head of the Inspection Team shall propose that the person issuing the inspection decision request the competent agency within the People's Public Security to carry out an expert conclusion to serve the inspection work.

2. Agencies and units with functional responsibilities within the People's Public Security have the duty to promptly and fully implement the requirements of expert appraisals from the person issuing the inspection decision. If it is not possible to fulfill the requirements of the person issuing the inspection decision, they must submit a written document to the party requesting the expert appraisal explaining the reasons for not being able to fulfill the requirements.

Article 11. Coordination in Checking and Verifying Information and Documents to Serve the Evaluation of Policy and Legal Compliance, Tasks, and Authorities of the Inspected Object

1. In cases where it is necessary to check and verify information and documents but the Inspection Team does not have the conditions to directly conduct these tasks, the Head of the Inspection Team shall propose that the person issuing the inspection decision issue a written request to the Inspection Agency of the relevant unit or locality to carry out the checking and verification. The request must clearly specify the specific requirements, content, and deadline for the checking and verification.

2. The inspection agency requested to check and verify has the responsibility to fully implement the checking and verification, submit the results and reply in writing within the deadline set by the person issuing the inspection decision, and bear responsibility for the accuracy of the checking and verification results.

Article 12. Coordination in Establishing Joint Inspection Teams

1. When establishing a joint inspection team, the head of the leading inspection agency shall propose a plan for establishing the inspection team, coordinate with relevant agencies and units to establish the inspection team, and implement tasks related to the inspection mission in accordance with the law on inspections.

2. The heads of agencies and units participating in joint inspection missions have the responsibility to cooperate with the leading inspection agency to implement tasks in accordance with the law on inspections; allocate personnel and means of participation according to the requirements of the leading inspection agency.

Article 13. Coordination in exercising rights during inspection activities

1. The heads of public security levels shall be responsible for applying measures within their authority, directing agencies and units under their management to coordinate with inspection agencies, decision-makers of inspections, and inspection team leaders to ensure the exercise of rights during administrative inspection activities of the People's Public Security force.

2. When it is necessary to apply measures to temporarily suspend the enforcement of disciplinary decisions, job transfers, or early retirement for individuals collaborating with inspection agencies or being inspected; or to temporarily suspend work and handle officials, civil servants, and employees according to points g and h of Clause 1, Article 48 of the Inspection Law, the inspection decision-maker shall propose to the competent authority in charge of personnel management within the People's Public Security force. The proposal must clearly state the basis, object, duration of temporary suspension, and handling method. The inspection decision-maker has the responsibility to provide documents serving as the basis for applying temporary suspension measures and handling officials, civil servants, and employees upon request of the competent authority.

3. Within five working days from the date of receiving proposals to apply measures stipulated in points g and h of Clause 1, Article 48 of the Inspection Law, the recipient must inform the inspection decision-maker about the implementation results of the proposal. In cases where necessary, the recipient of the proposal to apply measures stipulated in points g and h of Clause 1, Article 48 of the Inspection Law shall organize inter-sectoral meetings involving representatives from personnel organization agencies, inspection agencies, inspection decision-makers, and inspection team leaders to unify contents before applying measures within their authority.

Article 14. Coordination in organizing the announcement of inspection conclusion contents on mass media

1. When it is necessary to announce part or all of the inspection conclusion contents on mass media, the inspection decision-maker shall send a document to the press agency within the People's Public Security force requesting the announcement. The content of the request must clearly state the basis for the announcement, the content, time, and number of announcements.

2. The press agency receiving the request shall be responsible for announcing the inspection conclusions according to the requirements of the inspection decision-maker and the provisions of the law.

Article 15. Coordination in implementing inspection conclusions and decisions on inspection handling

1. The inspection agency shall coordinate with personnel management, finance, legal affairs agencies, and other functional agencies within the People's Public Security force to organize the implementation and supervision of the implementation of inspection conclusions and decisions on inspection handling.

2. Personnel management, finance, legal affairs agencies, and other functional agencies within the People's Public Security force, based on their functions and tasks and according to the provisions of the law on inspection, shall be responsible for coordinating with the inspection agency to promptly and fully implement inspection conclusions and decisions on inspection handling.

Chapter III

IMPLEMENTATION

Article 16. Effective Date

This Circular takes effect from February 20, 2015.

Article 17. Responsibility for Implementation

1. The Ministry Inspectorate is responsible for guiding, urging, and inspecting the implementation of this Circular.

2. Directors of General Departments, heads of units directly under the Ministry, Provincial Police Chiefs, Chief of Fire Prevention and Control Police of provinces and centrally-administered cities, and related organizations and individuals are responsible for implementing this Circular.

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