Circular No. 04/2024/TT-TTCP on the construction, approval of the Inspection Program Orientation and issuance of inspection plans

CIRCULAR

PROVISIONS ON THE CONSTRUCTION, APPROVAL OF THE INSPECTION PROGRAM GUIDELINES AND ISSUANCE OF THE INSPECTION PLAN

Pursuant to the Inspection Law on November 14, 2022;

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

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/ND-CP dated November 27, 2023 of the Government stipulating the functions, tasks, powers, and organizational structure of the Government Inspectorate;

Pursuant to Decree No. 03/2024/ND-CP dated January 11, 2024 of the Government stipulating specialized inspection agencies and their activities;

At the proposal of the Director of the Planning and General Affairs Department and the Director of the Legal Department;

The Chief Inspector of the Government issues this Circular on the construction, approval of the inspection program guidelines and issuance of the inspection plan.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Circular prescribes the construction and approval of the inspection program guidelines; the construction and issuance of annual inspection plans by inspection agencies in accordance with Article 9 of the Inspection Law; handling overlaps, repetitions, adjustments to inspection plans; monitoring, urging, and inspecting the construction and implementation of inspection plans.

2. This Circular applies to heads of state management agencies and heads of inspection agencies in the construction and approval of inspection program guidelines, issuance of inspection plans; handling overlaps, repetitions, adjustments to inspection plans; monitoring, urging, and inspecting the construction and implementation of inspection plans.

Article 2. Principles for developing the Inspection Program Orientation and annual inspection plan

1. In line with the Party's guidelines and policies, laws of the State; directives from higher state agencies; requirements of national, local, sectoral, and field political tasks.

Point 2. Ensuring clear division of responsibilities without overlapping or repetition in terms of scope and time of inspections; ensuring feasibility and efficient use of resources.

3. In accordance with the authority, procedures, and formalities prescribed by the law on inspections and guidance provided for in this Circular.

Chapter II

DEVELOPMENT OF THE INSPECTION PROGRAM ORIENTATION

Article 3. Basis for developing the Inspection Program Orientation

1. Resolutions, directives, conclusions, leadership and directive documents of the Central Committee of the Communist Party of Vietnam, the Politburo, the Secretariat, and the Central Steering Committee for Anti-Corruption and Negative Practices; Resolutions of the National Assembly and the Standing Committee of the National Assembly on economy, society, defense, security, and foreign affairs.

Point 2. Resolutions, programs, and targets of the Government on economic and social affairs, national defense, security, and foreign relations; decisions, directives, and guidance documents of the Prime Minister.

3. Decisions, directives, and directive documents for management and operation issued by the Minister, head of a ministerial-level agency; Resolutions of People's Councils and Decisions of Provincial People's Committees (hereinafter referred to collectively as Provincial People's Committees) on economy and society, defense, security, and foreign affairs.

4. Requirements for preventing, detecting, and handling violations of law; requirements for inspection work, receiving citizens, resolving complaints and petitions, and anti-corruption and negative practices.

Point 5. Other bases as prescribed by law.

Article 4. Collection of information and materials for developing the Inspection Program Orientation

1. The collection of information and materials for the construction of the inspection program guidelines is conducted annually, carried out by the unit entrusted by the Chief Inspector of the Government (hereinafter referred to as the main unit).

Clause 2. Information and materials collected include:

Subpoint a. Information and materials as prescribed in Article 3 of this Circular;

b) Regulations on professional and technical matters, industry and sector management rules; management, directive, and operational documents and related information and materials concerning the performance of functions and tasks by ministries, sectors, and localities;

c) Situations and results of inspections, audits, investigations, and supervision by competent agencies; situations and results of complaint and petition resolution and anti-corruption and negative practice activities; cases of suspected law violations published in mass media;

Subpoint d. Reports on the collection of information and materials by the leading unit (if any);

Subpoint đ. Other information and materials as prescribed by law.

Clause 3. The collection of information and materials as prescribed in Clause 2 of this Article shall be carried out in accordance with the provisions of law.

Article 5. Contents of the Inspection Program Orientation

1. The inspection program orientation includes the following contents:

a) Objectives and requirements;

b) Main tasks;

c) Implementation organization.

2. The inspection program guidelines determine the direction and focus of inspection activities for one year by inspection agencies to meet the management and operational requirements of the Government, Prime Minister, Ministers, heads of ministerial-level agencies, heads of government agencies, and Chairmen of Provincial People's Committees in inspection activities.

Article 6. Procedures and formalities for building the Inspection Program Orientation

1. Annually, the main unit collects information and materials as specified in Clause 2 of Article 4 of this Circular; requests departments, bureaus, units under the Government Inspectorate and Ministry Inspectors (hereinafter referred to collectively as Ministry Inspectors), Vietnam Social Insurance Inspectorate, and Provincial Inspectors to provide information, materials, and reports proposing the construction of the inspection program guidelines. When necessary, the main unit conducts direct meetings with inspectors of ministries, sectors, and localities to collect additional information or clarify the content of proposals for constructing the inspection program guidelines.

2. Based on collected information, materials, and reports proposing the construction of the inspection program guidelines as specified in Clause 1 of this Article, the main unit drafts the inspection program guidelines; solicits opinions from departments, bureaus, units under the Government Inspectorate and the Government Inspectorate Leadership; incorporates feedback and completes the draft inspection program guidelines to report to the Chief Inspector of the Government.

3. By no later than September 15 each year, the main unit reports to the Chief Inspector of the Government a dossier for submission to the Prime Minister for approval of the draft inspection program guidelines, including:

a) Draft Memorandum of the Chief Inspector of the Government proposing the draft inspection program guidelines;

b) Draft Inspection Program Orientation;

c) Report consolidating and incorporating comments on the draft inspection program guidelines (if any);

d) Other relevant information and documents (if any).

Article 7. Approval Procedures for the Inspection Program Orientation

1. By no later than September 30 each year, the Chief Inspector General submits to the Prime Minister for approval of the Inspection Program Orientation.

2. The dossier for submission to the Prime Minister for approval of the inspection program guidelines includes:

a) Memorandum of the Chief Inspector of the Government regarding the draft inspection program guidelines;

b) Draft Inspection Program Orientation;

c) Other relevant information and documents (if any).

3. In case the Prime Minister directs amendments and supplements to the content of the draft inspection program guidelines, within ten working days, the main unit assists the Chief Inspector of the Government in incorporating feedback and completing the draft inspection program guidelines and submitting it to the Prime Minister for approval.

4. Not later than October 25 each year, based on the Inspection Program Orientation approved by the Prime Minister, the leading unit shall be responsible for advising the Government Inspector General to issue guidance documents on the construction of inspection plans to be sent to ministries, ministerial-level agencies, government agencies, and provincial People's Committees.

5. Not later than October 30 each year, based on the Inspection Program Orientation and guidance from the Government Inspectorate, the Ministry Inspectorate shall guide the General Inspectorates of Departments, Departments, and specialized inspection agencies under the Ministry in drafting inspection plans; the Vietnam Social Security shall guide the provincial social security offices in drafting inspection plans; the provincial inspectorates shall guide the municipal inspectorates and county inspectorates in drafting inspection plans.

Chapter III

BUILDING THE INSPECTION PLAN

Article 8. Contents of the inspection plan

1. The contents of the inspection plan include:

a) Inspection content;

b) Inspection subjects;

c) The agency or unit conducting the inspection (the leading agency or unit, cooperating units);

d) Other related contents (if any).

2. The proposal for issuing the inspection plan, the Decision on issuing the inspection plan, and the inspection plan shall be implemented according to Model No. 01, Model No. 02, and Model No. 03 issued together with this Circular.

Article 9. Construction of the State Audit Office's inspection plan

1. Basis for constructing the inspection plan:

a) Functions, tasks, and authorities of the State Audit Office and the Chief State Auditor;

b) Guidelines of the inspection program approved by the Prime Minister;

c) Requirements for inspection work, citizen reception, complaint and denunciation resolution, and anti-corruption and anti-neglect activities of the Government, the Prime Minister, and the Government Inspector General;

d) Requirements for state management work and the implementation of annual economic, social, defense, security, and foreign affairs tasks of ministries, sectors, and localities;

đ) Cases showing signs of violation of laws published in the press or of public concern;

e) Other bases as prescribed by law.

2. Responsibilities for drafting the inspection plan proposal:

a) The lead unit is responsible for leading and coordinating with departments, bureaus, and units under the State Audit Office to draft the inspection plan proposal;

b) The departments, bureaus, and units under the Government Inspectorate shall propose inspection plans based on their functions and tasks and provide information and materials to the leading unit for drafting the inspection plan proposal.

3. Information and documents for constructing the inspection plan:

Information and materials for constructing the inspection plan include those specified in Clause 1 of this Article; information and materials provided by departments, bureaus, and units under the Government Inspectorate.

4. Procedures and formalities for constructing the inspection plan:

a) Based on collected information and documents, the lead unit drafts the inspection plan proposal;

b) The lead unit solicits opinions from departments, bureaus, and units under the State Audit Office regarding the inspection plan proposal;

c) When necessary, the lead unit advises the Chief State Auditor to meet with relevant agencies to unify the contents of the inspection plan proposal;

d) The lead unit incorporates participating opinions, perfects the inspection plan proposal, seeks opinions from Deputy Chief State Auditors, and submits it to the Chief State Auditor.

5. Documents submitted to the Chief State Auditor for issuing the inspection plan include:

a) The proposal of the leading unit regarding the issuance of the Government Inspectorate's inspection plan;

b) The draft of the Government Inspectorate's inspection plan;

c) The draft Decision of the Government Inspector General on the issuance of the Government Inspectorate's inspection plan;

d) A report summarizing comments on the draft inspection plan (if any);

đ) Other information and materials (if any).

6. The leading unit shall submit the draft inspection plan to the Government Inspector General not later than November 10 each year. The Government Inspector General shall issue the inspection plan not later than November 15 each year.

7. The Government Inspectorate's inspection plan shall be immediately sent to the State Audit Agency for coordination to handle overlapping and duplication (if any); at the same time, it shall be immediately sent to the Ministry Inspectorates, the Vietnam Social Security Inspectorate, the provincial inspectorates, and notified to the inspected entities and relevant agencies and organizations for implementation.

Article 10. Construction of the Ministry's Inspection Plan

1. The Ministry's inspection plan includes the Ministry Inspectorate's inspection plan, the General Inspectorates' inspection plan of Departments under the Ministry, and the inspection plans of specialized inspection agencies under the Ministry, General Inspectorates, and equivalent agencies.

2. Basis for constructing the inspection plan:

a) Functions, tasks, and authorities of the Ministry Inspectorate, General Inspectorates of Departments under the Ministry, and specialized inspection agencies under the Ministry, General Inspectorates, and equivalent agencies;

b) The Inspection Program Orientation approved by the Prime Minister and guidance on constructing the inspection plan from the Government Inspector General;

c) Requirements for state management work of the Ministry and specialized inspection agencies under the Ministry, General Inspectorates, and equivalent agencies;

d) Requirements for inspection work, citizen reception, complaint and denunciation resolution, and anti-corruption and anti-neglect activities of the Minister, Heads of specialized inspection agencies under the Ministry, General Inspectorates, and equivalent agencies;

đ) Cases showing signs of violation of laws published in the press or of public concern;

e) Other bases as prescribed by law.

3. Responsibilities for constructing the inspection plan:

a) The Chief of the Ministry Inspectorate is responsible for drafting the annual inspection plan of the Ministry Inspectorate;

b) The Chiefs of the General Inspectorates of Departments under the Ministry are responsible for drafting the inspection plan of their respective agencies, seeking opinions from the Department Directors for review and decision-making, and submitting them to the Ministry Inspectorate for consolidation and drafting the Ministry's inspection plan;

c) The Heads of specialized inspection agencies under the Ministry are responsible for drafting the annual inspection plan of their respective agencies and submitting them to the Ministry Inspectorate for consolidation and drafting the Ministry's inspection plan;

d) The Heads of specialized inspection agencies under the General Inspectorates and equivalent agencies are responsible for drafting the annual inspection plan of their respective agencies, seeking opinions from the General Inspectorate Directors and equivalent officials for review and decision-making, and submitting them to the Ministry Inspectorate for consolidation and drafting the Ministry's inspection plan;

đ) Drafts of the inspection plans as stipulated in points b, c, and d of this clause shall be submitted to the Ministry Inspectorate not later than November 10 each year for consolidation and drafting the Ministry's annual inspection plan.

4. Information and materials for constructing the inspection plan:

Information and materials for constructing the inspection plan include those specified in Clause 2 of this Article and information and materials collected and provided by units under the Ministry Inspectorate, General Inspectorates of Departments under the Ministry, specialized inspection agencies under the Ministry, General Inspectorates, and equivalent agencies.

5. Procedures and formalities for constructing the Ministry's inspection plan:

a) Based on the information and materials collected as specified in Clause 4 of this Article, the Ministry Inspectorate shall draft the Ministry's inspection plan;

b) When deemed necessary, the Chief of the Ministry Inspectorate may seek participation opinions or conduct direct meetings with relevant agencies to unify the contents of the inspection plan;

c) The Chief of the Ministry Inspectorate shall lead meetings with the Chiefs of the General Inspectorates of Departments under the Ministry, Heads of specialized inspection agencies under the Ministry, General Inspectorates, and equivalent agencies regarding the contents of the draft Ministry's inspection plan to handle overlapping and duplication issues.

d) The Head of the Ministry's Inspectorate shall incorporate comments to perfect the draft inspection plan of the Ministry for submission to the Minister for issuance.

6. The dossier for the Minister to issue the inspection plan includes:

a) The proposal of the Head of the Ministry's Inspectorate on issuing the inspection plan of the Ministry;

b) The draft inspection plan of the Ministry;

c) The draft Decision of the Minister on issuing the inspection plan of the Ministry;

d) The report summarizing and incorporating comments on the draft inspection plan (if any);

đ) Other information and materials (if any).

7. The Head of the Ministry's Inspectorate shall submit the draft inspection plan to the Minister no later than November 30 each year. The Minister shall issue the inspection plan no later than December 10 each year.

8. The inspection plan of the Ministry shall be sent to the Government Inspectorate for reporting; immediately sent to the State Audit Organization, the Social Insurance Inspectorate of Vietnam, and the provincial inspectorates for coordination in handling overlaps and duplications (if any); and simultaneously notified to the inspected entities and relevant agencies and units for implementation.

Article 11. Construction of the Inspection Plan of the Social Insurance of Vietnam

1. The inspection plan of the Social Insurance of Vietnam includes the inspection plan of the Social Insurance Inspectorate of Vietnam and the inspection plan of the provincial social insurances (hereinafter referred to collectively as the provincial social insurances).

2. Basis for constructing the inspection plan:

a) Functions, tasks, and authorities of the Social Insurance Inspectorate of Vietnam and the provincial social insurances;

b) The Inspection Program Orientation approved by the Prime Minister and guidance on constructing the inspection plan from the Government Inspector General;

c) Requirements for management work of the Social Insurance of Vietnam and the provincial social insurances;

d) Requirements for inspection work, receiving citizens' complaints, resolving complaints and denunciations, and preventing corruption and negative practices of the General Director of the Social Insurance of Vietnam and the Directors of the provincial social insurances;

đ) Cases showing signs of violation of laws published in the press or of public concern;

e) Other bases as prescribed by law.

3. Responsibilities for constructing the inspection plan:

a) The Head of the Social Insurance Inspectorate of Vietnam is responsible for constructing the annual inspection plan of the Social Insurance Inspectorate of Vietnam;

b) The Director of the provincial social insurance constructs the inspection plan of his/her agency and submits it to the Social Insurance Inspectorate of Vietnam no later than November 10 each year for consolidation and construction of the inspection plan of the Social Insurance of Vietnam.

4. Information and materials for constructing the inspection plan:

Information and documents for constructing the inspection plan include those specified in Clause 2 of this Article and information and documents collected and provided by the Social Insurance Inspectorate of Vietnam and the provincial social insurances.

5. Procedures and formalities for constructing the inspection plan of the Social Insurance of Vietnam:

a) Based on the information and documents collected as stipulated in Clause 4 of this Article, the Social Insurance Inspectorate of Vietnam drafts the inspection plan of the Social Insurance of Vietnam;

b) When deemed necessary, the Head of the Social Insurance Inspectorate of Vietnam solicits comments or conducts direct meetings with related agencies to unify the contents of the inspection plan;

c) The Head of the Social Insurance Inspectorate of Vietnam chairs meetings with the Directors of the provincial social insurances regarding the draft inspection plan of the Social Insurance of Vietnam to handle overlaps and duplications (if any);

d) The Head of the Social Insurance Inspectorate of Vietnam incorporates comments to perfect the draft inspection plan for submission to the General Director of the Social Insurance of Vietnam for issuance.

6. The dossier for the General Director of the Social Insurance of Vietnam to issue the inspection plan includes:

a) The proposal of the Head of the Social Insurance Inspectorate of Vietnam on issuing the inspection plan;

b) The draft inspection plan of the Social Insurance of Vietnam;

c) The draft Decision of the General Director of the Social Insurance of Vietnam on issuing the inspection plan;

d) The report summarizing and incorporating comments on the draft inspection plan (if any);

đ) Other information and materials (if any).

7. The Head of the Social Insurance Inspectorate of Vietnam shall submit the draft inspection plan to the General Director of the Social Insurance of Vietnam no later than November 30 each year. The General Director of the Social Insurance of Vietnam shall issue the inspection plan no later than December 10 each year.

8. The inspection plan of the Social Insurance of Vietnam shall be sent to the Government Inspectorate for reporting; immediately sent to the State Audit Organization, the Ministry Inspectorate, and the provincial inspectorates for coordination in handling overlaps and duplications (if any); and simultaneously notified to the inspected entities and relevant agencies and units for implementation.

Article 12. Construction of inspection plans by the Ministry of National Defense, the Ministry of Public Security, and the State Bank of Vietnam

1. The construction of inspection plans by the Ministry of National Defense and the Ministry of Public Security shall be carried out in accordance with the Government's regulations on the organization and operation of Military Inspection and People's Police Inspection.

2. The construction of inspection plans by the State Bank of Vietnam shall be carried out in accordance with the Government's regulations on the organization and operation of Banking Inspection and Supervision and this Circular.

Article 13. Construction of inspection plans by provinces

1. The inspection plan of a province includes the inspection plans of the Provincial Inspectorate, Department Inspectorate, and County Inspectorate.

2. Basis for constructing the inspection plan:

a) Functions, tasks, powers of the Provincial Inspectorate, Department Inspectorate, and County Inspectorate;

b) The Inspection Program Orientation approved by the Prime Minister and guidance on constructing the inspection plan from the Government Inspector General;

c) Requirements for inspection work, receiving citizens' visits, handling complaints and denunciations, and preventing and combating corruption and negative practices by the Chairman of the Provincial People's Committee;

d) Requirements for state management work and the implementation of socio-economic tasks, national defense, security, and foreign affairs at the local level;

d) Cases showing signs of violation of laws published in the press or of public concern;

e) Other bases as prescribed by law.

3. Responsibilities for constructing the inspection plan:

a) The Head of the Provincial Inspectorate is responsible for constructing the inspection plan of the Provincial Inspectorate;

b) The Heads of the Department Inspectorate and County Inspectorate are responsible for drafting the inspection plan of their respective agencies, seeking opinions from the Department Director and the Chairman of the County People's Committee for consideration and decision, and submitting to the Provincial Inspectorate no later than November 10 each year for consolidation.

4. Information and materials for constructing the inspection plan:

Information and documents for constructing the inspection plan include those specified in Clause 2 of this Article and those collected and provided by the Provincial Inspectorate, Department Inspectorate, and County Inspectorate.

5. Procedures and formalities for constructing the inspection plan of a province:

a) Based on the information and documents collected as stipulated in Clause 4 of this Article, the Provincial Inspectorate drafts the inspection plan of the province;

b) When deemed necessary, the Head of the Provincial Inspectorate solicits participation or conducts direct meetings with relevant agencies, organizations, and units to unify the content of the inspection plan;

c) The Head of the Provincial Inspectorate chairs meetings with the Heads of the Department Inspectorate and County Inspectorate regarding the draft inspection plan of the province to address overlapping and duplication (if any);

d) The Head of the Provincial Inspectorate incorporates feedback to finalize the draft inspection plan of the province and submits it to the Chairman of the Provincial People's Committee for issuance.

6. Documents submitted to the Chairman of the Provincial People's Committee for issuing the inspection plan include:

a) A proposal from the Head of the Provincial Inspectorate regarding the issuance of the inspection plan of the province;

b) The draft inspection plan of the province;

c) The draft Decision of the Chairman of the Provincial People's Committee on the issuance of the inspection plan of the province;

d) The report summarizing and incorporating comments on the draft inspection plan (if any);

đ) Other information and materials (if any).

7. The Head of the Provincial Inspectorate submits the draft inspection plan to the Chairman of the Provincial People's Committee no later than November 30 each year. The Chairman of the Provincial People's Committee issues the inspection plan of the province no later than December 20 each year.

8. The inspection plan of the province is sent to the Government Inspectorate for reporting; immediately forwarded to the State Audit Agency, Ministry Inspectorate, and Social Insurance Inspectorate of Vietnam for coordination to address overlapping and duplication (if any); and simultaneously notified to the inspected entities and related agencies and units for implementation.

Chapter IV

HANDLING OVERLAPPING AND DUPLICATION IN THE CONSTRUCTION AND ISSUANCE OF INSPECTION PLANS AND ADJUSTING INSPECTION PLANS

Article 14. Coordination among inspection agencies in the development and issuance of inspection plans

1. During the process of developing and issuing inspection plans, heads of state management agencies and heads of agencies performing inspection functions shall cooperate with each other to avoid overlapping and duplication in scope and time of inspections.

2. In cases where coordination among agencies does not result in agreement, the Heads of the Ministry's Inspection, the Head of the Social Insurance Inspection, and the Heads of Provincial Inspections shall report to the Chief Inspector General for comments on overlapping and duplication in scope and time of inspections before submitting to the Minister, the Director General of the Vietnam Social Security, and the Chairman of the Provincial People's Committee for signing and issuance. The leading unit shall assist the Chief Inspector General in resolving overlapping and duplication in draft inspection plans of ministries, provinces, and the Vietnam Social Security.

Article 15. Basis for adjusting inspection plans

1. Overlapping and duplication in scope and time of inspections between inspection agencies.

2. When it is necessary to ensure the implementation of urgent inspection tasks at the request of the Central Steering Committee for Anti-Corruption and Waste Prevention, the Provincial Steering Committee for Anti-Corruption and Waste Prevention, and the heads of state management agencies.

3. When there are unforeseen events affecting the implementation of the inspection plan.

4. The head of the state management agency with authority directs the adjustment of the inspection plan to meet the requirements of state management.

Article 16. Procedures and formalities for adjusting inspection plans

1. Procedures and formalities for adjusting the inspection plan of the Government Inspectorate:

a) The leading unit is responsible for taking the lead and coordinating with departments, bureaus, and units under the Government Inspectorate to advise on the adjustment of the inspection plan.

b) Departments and units under the Government Inspectorate shall provide information and materials based on their functions and responsibilities to the leading unit for drafting the decision to adjust the inspection plan.

c) When deemed necessary, the leading unit shall collect information and materials and work with relevant agencies to unify the content of the decision to adjust the inspection plan.

d) The leading unit shall incorporate all participating opinions, finalize the decision to adjust the inspection plan, seek the opinion of the Deputy Chief Inspector General, and submit it to the Chief Inspector General for issuance.

đ) The decision to adjust the inspection plan of the Government Inspectorate shall be immediately sent to the State Audit Office, Ministry Inspectors, Provincial Inspectors, and inspected entities, as well as related agencies and organizations for implementation.

2. Procedures for adjusting the inspection plan of a Ministry:

a) The Ministry Inspector shall take the lead and coordinate with the Inspectors of General Bureaus, Bureaus, and specialized inspection agencies under the Ministry and General Bureaus to advise on adjusting the Ministry’s inspection plan.

b) Inspectors of General Bureaus, Bureaus, and specialized inspection agencies under the Ministry and General Bureaus shall provide information and materials based on their functions and responsibilities to the Ministry Inspector for advising on adjusting the inspection plan.

c) When deemed necessary, the Ministry Inspector shall collect information and materials and work with relevant agencies to unify the adjustment of the inspection plan.

d) The Head of the Ministry Inspector shall chair meetings with the Heads of General Bureau Inspectors, Bureaus, and heads of specialized inspection agencies under the Ministry and General Bureaus regarding the draft decision to adjust the Ministry’s inspection plan; incorporate all participating opinions to complete the decision to adjust the Ministry’s inspection plan and submit it to the Minister for issuance.

đ) The decision to adjust the Ministry’s inspection plan shall be reported to the Government Inspectorate; immediately sent to the State Audit Office, Social Insurance Inspector, and Provincial Inspectors to coordinate in handling overlapping and duplication (if any); and simultaneously notified to the inspected entity and related agencies and units for implementation.

3. Procedures for adjusting the inspection plan of the Vietnam Social Security:

a) The Vietnam Social Security Inspector shall take the lead and coordinate with the Directors of Provincial Social Security to advise on adjusting the Vietnam Social Security’s inspection plan.

b) Provincial Social Security shall provide information and materials based on its functions and responsibilities to the Vietnam Social Security Inspector for advising on adjusting the inspection plan.

c) When deemed necessary, the Vietnam Social Security Inspector shall collect information and materials and work with relevant agencies to unify the adjustment of the inspection plan.

d) The Head of the Vietnam Social Security Inspector shall chair meetings with the Directors of Provincial Social Security regarding the draft decision to adjust the Vietnam Social Security’s inspection plan; incorporate all participating opinions to complete the decision to adjust the Vietnam Social Security’s inspection plan and submit it to the Director General of the Vietnam Social Security for issuance.

đ) The decision to adjust the Vietnam Social Security’s inspection plan shall be reported to the Government Inspectorate; immediately sent to the State Audit Office, Ministry Inspectors, and Provincial Inspectors to coordinate in handling overlapping and duplication (if any); and simultaneously notified to the inspected entity and related agencies and units for implementation.

4. Procedures for adjusting the inspection plan of a province:

a) The Provincial Inspector shall take the lead and coordinate with Department Inspectors and County Inspectors to advise on adjusting the provincial inspection plan.

b) Department Inspectors and County Inspectors shall provide information and materials based on their functions and responsibilities to the Provincial Inspector for drafting the decision to adjust the inspection plan.

c) When deemed necessary, the Provincial Inspector shall collect information and materials and work with relevant agencies to unify the content of the decision to adjust the inspection plan.

d) The Head of the Provincial Inspector shall incorporate all participating opinions to complete the decision to adjust the provincial inspection plan and submit it to the Chairman of the Provincial People's Committee for issuance.

đ) The decision to adjust the provincial inspection plan shall be reported to the Government Inspectorate; immediately sent to the State Audit Office and Ministry Inspectors to coordinate in handling overlapping and duplication (if any); and simultaneously notified to the inspected entity and related agencies and units for implementation.

5. The decision to adjust the inspection plan shall be implemented according to Model No. 04 issued together with this Circular.

Chapter V

MONITORING, URGING AND CHECKING THE CONSTRUCTION AND IMPLEMENTATION OF INSPECTION PLANS

Article 17. Supervision and Urging the Construction and Implementation of Inspection Plans

1. The supervision and urging of the construction and implementation of inspection plans shall be carried out through requesting reports to be submitted.

2. The supervision and urging shall be conducted by higher-level inspection agencies towards lower-level inspection agencies to ensure that the construction and implementation of inspection plans comply with legal regulations and to prevent, detect, handle violations, and avoid overlapping in the construction and implementation of inspection plans.

3. The authority for supervision and urging the construction and implementation of inspection plans is as follows:

a) The Government Inspectorate supervises and urges the construction and implementation of inspection plans of ministries, provinces, and the Vietnam Social Security;

b) Ministry Inspectorates supervise and urge the construction and implementation of inspection plans of General Inspectorates, Bureaus, and specialized inspection agencies under ministries, general inspectorates, and equivalent bodies;

c) The Vietnam Social Security Inspectorate supervises and urges the construction and implementation of inspection plans of provincial social security offices;

d) Provincial Inspectorates supervise and urge the construction and implementation of inspection plans of departmental inspectorates, county inspectorates.

Article 18. Checking the Construction and Implementation of Inspection Plans

1. Higher-level inspection agencies have the responsibility to check the construction and implementation of inspection plans of subordinate levels, which shall be carried out according to the supervisory and urging authority stipulated in Clause 3 of Article 17 of this Circular. Such checks shall not exceed once a year or may be conducted unexpectedly when deemed necessary.

2. The duration of the check shall not exceed three working days for an agency or unit inspected by the Government Inspectorate, and two working days for an agency or unit inspected by a Ministry Inspectorate, the Vietnam Social Security Inspectorate, or a Provincial Inspectorate.

Prior to conducting a check, the inspecting agency must send a written notice to the agency or unit to be inspected, specifying the time, location, content, and members of the inspection team.

3. The agency or unit being checked shall have the responsibility to prepare relevant information and documents and report on the construction and implementation of the inspection plan as required by the competent agency.

4. The inspection team has the responsibility to conduct inspections strictly according to the specified time, location, content, and must not cause difficulties for the inspected agency or unit. Upon completion of the inspection, the inspection team must submit a written report on the results of the inspection to the head of the inspecting agency. The report must clearly state the following contents:

a) The situation and results of the construction and implementation of the inspection plan by the agency or unit being checked;

b) Difficulties and obstacles encountered in the construction and implementation of inspection plans or overlapping inspection plans (if any);

c) Recommendations for handling difficulties, obstacles, or overlapping (if any);

d) Other contents (if any).

Chapter VI

IMPLEMENTING PROVISIONS

Article 19. Implementation

The Minister, Head of a ministry-level agency, Head of a government-affiliated agency, Chairman of the People's Committee at the provincial level, and Heads of agencies assigned specialized inspection functions; Chief Inspectors of Ministries, Chief Inspectors of the Vietnam Social Security, and Chief Inspectors of Provinces are responsible for implementing this Circular.

Article 20. Rewards and Handling Violations

1. The construction and implementation of the Inspection Program Orientation and Inspection Plan are included in the annual criteria for competition, rewards of agencies, organizations, and units.

2. Agencies, organizations, or individuals who violate the construction, issuance, or implementation of the Inspection Program Orientation and Inspection Plan shall be subject to legal penalties depending on the nature and severity of the violation.

Article 21. Effective Date

This Circular takes effect from May 30, 2024, replacing Circular No. 01/2014/TT-TTCP dated April 23, 2014, issued by the Government Inspector General regarding the construction and approval of the Inspection Program Orientation and Inspection Plan.

During the implementation process, if there are any difficulties or new issues arise, agencies, organizations, and individuals should promptly reflect them to the Government Inspectorate for guidance or appropriate amendments and supplements./.