Consolidated Document number 04/VBHN-BCA stipulates the model of documents related to entry, exit, and residence of foreigners in Vietnam.

DECREE

Article 24regarding the organization and operation of police inspectionof the People's Public Security
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Government Decree No. 41/2014/NĐ-CP dated May 13, 2014, issued by the Government on the organization and operation of police inspection of the People's Public Security, which took effect from July 1, 2014, has been amended and supplemented by:

Government Decree No. 25/2021/NĐ-CP dated March 24, 2021, issued by the Government to amend and supplement certain articles of Decree No. 41/2014/NĐ-CP dated May 13, 2014, issued by the Government on the organization and operation of police inspection of the People's Public Security, which took effect from May 20, 2021.

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Based on the Inspection Law dated November 15, 2010;

Pursuant to the National Security Law dated December 3, 2004;

Pursuant to the Public Security Law dated November 29, 2005;

Pursuant to the Fire Prevention and Fighting Law dated June 29, 2001, and the Law Amending and Supplementing Certain Provisions of the Fire Prevention and Fighting Law dated November 22, 2013;

At the proposal of the Minister of Public Security,

The Government issues this Decree to regulate the organization and operation of inspection activities of the People's Public Security.[1]

Chapter I. GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the functions, tasks, powers, organization, and activities of police inspection of the People's Public Security; Inspectors and Inspector Collaborators of the People's Public Security.

Article 2. Applicability

This Decree applies to state administrative management agencies, heads of state administrative management agencies; inspection agencies and heads of inspection agencies within the People's Public Security; Heads of Inspection Teams, members of Inspection Teams, Inspectors and Inspector Collaborators, dedicated or concurrently assigned inspection officers where there is no inspection organization; inspected entities; agencies, organizations, and individuals related to the inspection activities of the People's Public Security.

Article 3. Agencies performing inspection functions in the People's Public Security

1.[2] The system of state inspection agencies in the People's Public Security includes:

a) The Inspectorate of the Ministry of Public Security (hereinafter referred to as the Inspectorate of the Ministry);

b) The Inspectorate of the Provincial Police, the Municipal Police under the Central Government (hereinafter referred to as the Inspectorate of the Provincial Police);

c) The Inspectorate of the General Police Force for Prison Management, Compulsory Education Facilities, and Juvenile Rehabilitation Schools.

2. The General Police Force for Fire Prevention, Firefighting, and Rescue is the unit entrusted with the function of specialized inspection in fire prevention, firefighting, and rescue operations.

3.[3] In agencies and units without an inspection organization, the head of the unit directly directs citizen reception work; complaint and denunciation resolution; anti-corruption and thrift according to the provisions of the law. Units with a strength of 200 officers and soldiers or more shall be assigned dedicated inspection officers; units with fewer than 200 officers and soldiers shall be assigned concurrently assigned inspection officers.

4. The Minister of Public Security shall specify in detail the organizational structure, staffing, and activities of the inspection agencies prescribed in this Article.

Article 4. Inspection Objects

1. Agencies and individuals under the management of the Ministry of Public Security.

2. Vietnamese agencies, organizations, and individuals in compliance with laws on national security protection and social order and safety management by the Ministry of Public Security.

3. Foreign agencies, organizations, and individuals in Vietnam engaged in activities related to laws on national security protection and social order and safety management by the Ministry of Public Security.

Article 5. Functions and tasks of inspection agencies in the People's Public Security

Within their scope of duties and powers, inspection agencies in the People's Public Security are responsible for implementing and assisting competent state administrative management agencies at the same level in state administration over inspection work, complaint and denunciation resolution, citizen reception, anti-corruption, and thrift according to the provisions of the law; conducting inspections, resolving complaints and denunciations, citizen reception, anti-corruption, and thrift according to the provisions of the law.

Article 6. Principles of Inspection Activities in the People's Public Security

1. Adhere to the Constitution and laws, Regulations and provisions of the Ministry of Public Security; ensure accuracy, objectivity, honesty, transparency, democracy, and promptness.

2. Avoid overlapping in scope, objects, and content of inspections among inspection agencies; do not hinder the normal operations of inspected agencies, organizations, and individuals.

3. When conducting inspections, the person issuing the inspection decision, the Head of the Inspection Agency, the Chief Inspector, Inspectors, and members of the inspection team shall be responsible under the law for their actions and decisions.

Article 7. Work Relationships of Inspection Agencies in the People's Public Security

1. The Ministry Inspection is subject to the direction and management of the Minister of Public Security and is subject to the direction and guidance on inspection business by the Government Inspectorate.

2. Inspection agencies within the People's Public Security, dedicated or concurrently assigned inspectors located where there is no inspection organization, perform inspection tasks under the direct management and direction of the same-level Public Security Head, while also being subject to the direction and guidance on inspection business from the superior inspection agency.

3. The relationship between inspection agencies within the People's Public Security with other functional agencies is a cooperative relationship to fulfill assigned tasks according to the law and regulations of the Ministry of Public Security.

4. Inspection agencies within the People's Public Security cooperate with Inspections of Ministries, sectors, and related agencies at central and local levels during the inspection process concerning issues related to the national administrative management areas of the Ministry of Public Security and combating violations of the law.

Chapter II. FUNCTIONS, TASKS, POWERS, AND ORGANIZATION OF INSPECTION AGENCIES IN THE PEOPLE'S PUBLIC SECURITY

Section 1. MINISTRY INSPECTION

Article 8. Position, Functions, and Organization of the Ministry Inspection

1. The Ministry Inspection is an agency of the Ministry of Public Security, directly subject to the direction and management of the Minister of Public Security and subject to the direction on work and guidance on inspection business by the Government Inspectorate; it has the responsibility to assist the Minister of Public Security in state management of inspection activities, handling complaints and grievances, receiving citizens, preventing and combating corruption and waste in the People's Public Security; conducting administrative inspections on agencies, organizations, and individuals within the jurisdiction of the Ministry of Public Security; specialized inspections on agencies, organizations, and individuals within the state administrative management area of national security protection and maintaining public order and social safety; handling complaints and grievances, receiving citizens, preventing and combating corruption and waste according to the law.

2. The Ministry Inspection has a Chief Inspector, Deputy Chief Inspectors, Inspector ranks, and technical and professional officers.

The Chief Inspector of the Ministry is appointed, relieved, or dismissed by the Minister of Public Security after consultation with the General Inspector of the Government Inspectorate.

Deputy Chief Inspectors assist the Chief Inspector in managing one or more areas of work as assigned by the Chief Inspector and are responsible under the law and to the Chief Inspector for the performance of assigned tasks. The appointment, relief, or dismissal of Deputy Chief Inspectors and Inspectors is carried out according to the law and regulations of the Ministry of Public Security.

3. The Ministry Inspection has specialized units to carry out assigned tasks.

Article 9. Tasks and Authorities of the Inspectorate of the Ministry

1. Implement the tasks and authorities prescribed in Article 18 of the Inspectorate Law.

2. Guide, inspect, and urge public security units and localities to develop and implement inspection programs and plans.

3. Organize training for inspectors, heads, and specialized inspection officers in the People's Public Security.

4. Disseminate, promote, guide, urge, inspect, and conduct inspections on public security units and localities regarding their implementation of laws on inspection.

5. Summarize experiences, exchange information, and conduct scientific research on inspection work within the scope of the Ministry of Public Security’s management.

Article 10. Tasks and Authorities of the Chief Inspector of the Ministry

1. Implement the tasks and authorities stipulated in Article 19 of the Inspectorate Law.

2. Be responsible before the Minister and the Chief Inspector General about inspection work, handling complaints and grievances, receiving citizens; preventing corruption and waste within the scope of his responsibility.

3. Inspect the responsibility of heads of public security units and localities in implementing laws on inspection, complaints, grievances, receiving citizens, preventing corruption and waste.

4. Summon officers and technical staff from relevant public security units and localities to participate in inspection activities.

5.[4] Manage the inspector corps, officers, and soldiers under the establishment; propose the appointment, dismissal of inspectors in the People's Public Security; coordinate with heads of public security units and localities in advising the Minister of Public Security on appointing, dismissing, relieving from duty, and transferring the Chief Inspectors of public security units and localities according to regulations.

6. Perform other tasks assigned by the Minister of Public Security.

Section 2. INSPECTORATE OF THE CIVILIAN PRISON MANAGEMENT COPS, COMPULSORY EDUCATION FACILITIES, AND REHABILITATION SCHOOLS [5]

Article 11. Position, Functions, and Organizational Structure of the Inspectorate of the Civilian Prison Management Police, Compulsory Education Facilities, and Rehabilitation Schools

1. The Inspectorate of the Civilian Prison Management Police, Compulsory Education Facilities, and Rehabilitation Schools has the function of assisting the Director in performing administrative inspection work, receiving citizens, handling complaints and grievances, and anti-corruption and anti-waste work in accordance with the law; conducting administrative inspections within its authority over units and individuals under the Director's management.

2. The Inspectorate of the Civilian Prison Management Police, Compulsory Education Facilities, and Rehabilitation Schools consists of the Chief Inspector, Deputy Chief Inspector, ranks of Inspectors, and officers and non-commissioned officers specializing in technical and professional fields.

The appointment, dismissal, and removal of the Chief Inspector must be agreed upon with the Chief Inspector of the Ministry before proposing the Minister of Public Security to make a decision; the appointment, dismissal, and removal of the Deputy Chief Inspector and Inspectors shall be carried out in accordance with the law.

Article 12. Tasks and Authorities of the Inspectorate of the Civilian Prison Management Police, Compulsory Education Facilities, and Rehabilitation Schools

1. Inspect the implementation of policies, laws, and work tasks of units and police officers under the management of the Bureau.

2. Assist the Director in managing complaint resolution and accusation handling; verify, conclude, and recommend solutions to complaints and accusations within the Director's authority and organize citizen reception in accordance with the law.

3. Carry out anti-corruption and anti-waste work in the Bureau in accordance with the law on anti-corruption and anti-waste.

4. Monitor, inspect, and urge the implementation of inspection conclusions, recommendations, and decisions made by the Bureau.

5. Assist the Director in managing, inspecting, guiding, and organizing training for inspectors and heads of units under the Bureau.

6. Summarize experiences, exchange information, and conduct scientific research on inspection work in accordance with the law.

7. Compile and report to the Director and the Chief Inspector of the Ministry on the results of inspection work, complaint and accusation resolution, citizen reception, anti-corruption, and anti-waste within the Bureau's management scope.

8. Perform other tasks assigned by the Director.

Article 13. Tasks and Authorities of the Inspector General of the Department of Prison Management, Compulsory Education Facilities, and Juvenile Rehabilitation Schools

1. Report to the Department Director for decision on inspection when signs of law violations are detected or due to requirements for anti-corruption and thrift work; decide on inspections within their authority, establish inspection teams, appoint inspectors to conduct inspections according to the law.

2. Report to the Department Director and the Inspector General of the Ministry to handle overlapping and repetitive programs, plans, and contents of inspections within the scope of the Department.

3. Recommend the Department Director to consider responsibility and handle officers and soldiers under the management of the Department Director who have violated policies, laws, tasks, and authorities discovered through inspection work according to the law and regulations of the Ministry of Public Security.

4. Verify, conclude, and recommend solutions to complaints and accusations according to the law.

5. Implement tasks and authorities related to anti-corruption and thrift work within the organization according to the law.

6. Report and be responsible before the Department Director and the Inspector General of the Ministry for the results of inspection work, complaint resolution, accusation handling, citizen reception; anti-corruption and thrift work within the scope of their responsibility.

7. Propose and coordinate with relevant authorities to propose the appointment, dismissal, and removal from office of the Deputy Inspector General of the Department and inspectors at units under the Department.

8. Manage, lead, and direct the Department's Inspection Office to perform tasks and authorities as stipulated in Article 12 of this Decree and perform other tasks assigned by the Department Director.

Article 14.[6] (Repealed)

Section 3. INSPECTION OF PROVINCE PUBLIC SECURITY ORGANIZATION [7]

Article 15. Position, Functions, and Organization of the Inspection of Province Public Security Organization

1. The Inspection of Province Public Security Organization is a department-level unit under the Province Public Security Organization, directly subject to the direction and management of the Provincial Public Security Director; at the same time, it is subject to the direction on work and guidance on organizational structure and inspection business of the Inspector General of the Ministry; it has the responsibility to assist the Provincial Public Security Director in managing inspection work, complaint resolution, accusation handling, citizen reception; anti-corruption and thrift; conducting administrative inspections of units and individuals under the management of the Provincial Public Security Director, specialized inspections of agencies, organizations, and individuals within the scope of state management regarding national security protection and social order and safety maintenance by the Ministry of Public Security in the province.

2.[8] The Inspection of Province Public Security Organization has an Inspector General, Deputy Inspector General, ranks of Inspectors, and professional technical non-commissioned officers and specialists.

The Inspector General is appointed, dismissed, or removed from office by the Minister of Public Security according to the law.

3.[9] (Repealed)

Article 16. Tasks and Authorities of the Inspection of Province Public Security Organization

1. Perform tasks and authorities as prescribed in Article 24 of the Inspection Law.

2. Guide, inspect, and urge the construction and implementation of inspection programs and plans of public security units under the province.

3. Organize training in inspection business for full-time and part-time inspection cadres under the management of the Provincial Public Security Director; propose to the Provincial Public Security Director to request the Minister of Public Security to appoint, dismiss, or remove from office the ranks of Inspectors under the management of the Provincial Public Security Organization.

4. Promote, guide, inspect, and urge public security units and localities under the management of the Provincial Public Security Director in compliance with laws on inspection, complaint resolution, accusation handling, citizen reception, and anti-corruption and thrift within the responsibilities of the Provincial Public Security Organization.

5. Perform tasks and authorities related to anti-corruption and thrift according to the law.

6. Summarize and draw lessons from inspection work, complaint resolution, accusation handling, citizen reception, and anti-corruption and thrift within the responsibilities of the Provincial Public Security Organization.

7. Perform other tasks assigned by the Provincial Public Security Director.

Article 17. Duties and Authorities of the Inspector General of the Provincial Public Security Agency

1. Perform the duties and authorities stipulated in Article 25 of the Inspection Law.

2. Shall be responsible before the Director of the Provincial Public Security Agency and the Inspector General of the Ministry for inspection work, handling complaints and denunciations, receiving citizens, preventing and combating corruption and waste as prescribed.

3. Inspect the responsibility of the Heads of units and localities under the management of the Director of the Provincial Public Security Agency in implementing laws on inspection, handling complaints and denunciations, receiving citizens, and preventing and combating corruption and waste within the responsibilities of the Provincial Public Security Agency.

4. Summon officers from relevant units and local public security agencies to participate in inspection activities.

5. Carry out tasks and authorities related to the prevention and combat of corruption and waste of the Provincial Public Security Agency as prescribed.

6. Perform other tasks assigned by the Director of the Provincial Public Security Agency.

Article 18.[10] (Repealed)

Article 19.[11] (Repealed)

Section 4. SPECIALIZED INSPECTION OF THE FIRE PREVENTION AND FIGHTING, RESCUE AND ASSISTANCE CIRCULAR BRANCH

Article 20. Position, Functions, and Organization of the Specialized Inspection of the Fire Prevention and Fighting, Rescue and Assistance Circular Branch

1. The Fire Prevention and Fighting, Rescue and Assistance Circular Branch shall have a specialized inspection unit to carry out specialized inspection work in the field of fire prevention and fighting, rescue and assistance.

2. The specialized inspection unit of the Fire Prevention and Fighting, Rescue and Assistance Circular Branch is a department-level unit directly under the direction of the Branch Chief and subject to guidance on inspection work and professional inspection advice from the Inspectorate of the Ministry; it is responsible for assisting the Branch Chief in guiding, directing, and organizing the implementation of specialized inspection work regarding fire prevention and fighting, rescue and assistance for agencies, organizations, and individuals; handling complaints and denunciations and receiving citizens related to fire prevention and fighting, rescue and assistance according to the law.

3. The specialized inspection unit of the Fire Prevention and Fighting, Rescue and Assistance Circular Branch has an Inspector General, Deputy Inspector General, inspection officer ranks, and technical and professional non-commissioned officers and specialists.

The appointment, removal, and dismissal of the Inspector General shall be carried out according to the分级管理权限规定，经与公安部监察长协商一致后由公安部执行；副监察长和监察员的任命、免职和撤职按照法律规定和公安部的规定进行。

Article 21. Duties and Authorities of the Specialized Inspection of the Fire Prevention and Fighting, Rescue and Assistance Circular Branch

1. Develop the annual inspection program and plan of the Fire Prevention and Fighting, Rescue and Assistance Circular Branch based on the Ministry's inspection work plan, submit to the Branch Chief for approval, and organize the implementation of such programs and plans.

2. Assist the Branch Chief of the Fire Prevention and Fighting, Rescue and Assistance Circular Branch in managing inspection work on fire prevention and fighting, rescue and assistance; manage complaint and denunciation resolution and citizen reception work on fire prevention and fighting, rescue and assistance within the People's Public Security according to the law.

3. Inspect the compliance with laws on fire prevention and fighting, rescue and assistance by agencies, organizations, and individuals according to the approved program and plan by the Branch Chief; conduct surprise inspections when signs of law violations in fire prevention and fighting, rescue and assistance are discovered.

4. Verify and conclude recommendations for resolving complaints and handling denunciations about fire prevention and fighting, rescue and assistance within the authority granted.

5. Summarize experiences, exchange information, and conduct scientific research on inspection work on fire prevention and fighting, rescue and assistance according to the law.

6. Compile and report to the Branch Chief and the Inspector General of the Ministry on the results of inspection work, complaint and denunciation resolution, and citizen reception according to regulations.

7. Perform other tasks assigned by the Branch Chief.

Article 22. Duties and Authorities of the Chief Inspector of the Fire Prevention, Firefighting, and Rescue Department under the Police Force

1. Submit to the Director for decision on inspection according to the approved plan and when signs of violation of laws on fire prevention, firefighting, and rescue are discovered; establish an Inspection Team, appoint Inspectors, and summon Inspector Collaborators to conduct inspections as prescribed by law.

2. Impose administrative penalties according to the provisions of the law on handling administrative violations in the field of fire prevention, firefighting, and rescue.

3. Recommend the Director to resolve issues related to inspection work; if such recommendations are not accepted, report to the Chief Inspector of the Ministry for direction and resolution.

4. Monitor, inspect, and urge the implementation of inspection conclusions, recommendations, and decisions on handling.

5. Report to the Director and the Chief Inspector of the Ministry on the results of inspection work, complaints and denunciations, and public reception within their scope of responsibility.

6. Manage, lead, and direct the specialized inspection activities of the Fire Prevention, Firefighting, and Rescue Department under the Police Force to perform duties and authorities as stipulated in Article 21 of this Decree and perform other tasks assigned by the Department Director.

Chapter III. INSPECTION ACTIVITIES OF THE PEOPLE'S POLICE

Section 1. GENERAL PROVISIONS ON INSPECTION ACTIVITIES OF THE PEOPLE'S POLICE

Article 23. Construction and Approval of Inspection Plans

1. Based on the orientation of the inspection program, guidance from the State Inspector General, and management requirements of the Ministry, the Ministry's Inspector constructs the annual inspection plan of the Ministry of Public Security and submits it to the Minister no later than November 15. The Minister of Public Security is responsible for reviewing and approving the inspection plan no later than November 25 each year.

2.[12] Based on the Ministry of Public Security's inspection plan and management requirements of local police units, the Chief Inspector is responsible for constructing the inspection plan and submitting it to the unit head no later than December 5. Unit heads are responsible for approving the plan no later than December 15 each year.

3. The inspection plans as prescribed in Clause 1 and Clause 2 of this Article shall be sent to the inspected entities and relevant agencies and organizations.

Article 24. Forms of Inspection and Basis for Issuing Inspection Decisions

1. Inspection activities of the People's Police have three forms: planned inspection, regular inspection, and surprise inspection. Based on the requirements and tasks of the inspection, the head of the competent authority decides to establish an Inspection Team, Inspection Group, or appoint inspectors to independently conduct inspections to fulfill inspection tasks.

2. The basis for issuing inspection decisions is implemented according to Article 38 of the Inspection Law.

Article 25. Publicizing Inspection Conclusions

1. Inspection conclusions must be publicized, except for those containing state secrets.

2. The form, time limit, and scope of publicizing inspection conclusions and re-inspection conclusions are carried out according to the provisions of Article 39 of the Inspection Law, Article 46, and Article 52 of Decree No. 86/2011/ND-CP September 22, 2011 of the Government detailing and guiding the implementation of certain articles of the Inspection Law and Article 38 of Decree No. 07/2012/ND-CP February 9, 2012 of the Government on agencies assigned to carry out specialized inspection functions and specialized inspection activities.

Article 26. Handling the content of inspection conclusions and violations related to inspections

1. The handling and directing the implementation of the content of inspection conclusions shall be carried out in accordance with the provisions of Article 40 of the Inspection Law.

2. The handling of acts of violation by the inspected entity, agencies, units, and individuals related to the inspection shall be implemented in accordance with the provisions of Article 41 of the Inspection Law and Article 75 of Decree number 86/2011/ND-CP .

3. The handling of acts of violation of laws by the decision-making inspector, the Head of the Inspection Team, the Inspector, the Inspection Collaborator, members of the Inspection Team, full-time or part-time specialized inspectors performing inspection tasks in the People's Public Security shall be implemented in accordance with the provisions of Article 42 of the Inspection Law and Article 76 of Decree number 86/2011/ND-CP .

Section 2. INSPECTION ACTIVITIES IN THE PEOPLE'S PUBLIC SECURITY

Article 27. Authority to issue decisions on administrative inspections according to plans[13]

1. Based on the inspection plan that has been approved by the competent authority head of the Public Security, the Chief Inspector of the Public Security of units and localities issues the inspection decision and establishes the Inspection Team to carry out the inspection mission.

2. For complex areas or cases involving multiple units and localities, the Minister, the Director of the Prison Management Police Department, the Compulsory Education Facility, and the Juvenile Rehabilitation Center, or the Director of the Provincial Public Security shall issue the inspection decision and establish the Inspection Team to carry out the inspection mission.

3. For particularly complex areas or cases involving the management responsibility of multiple levels and sectors, primarily the Ministry of Public Security, based on the inspection plan, the Minister or the Director of the Provincial Public Security shall decide to conduct inspections and establish an inter-sectoral Inspection Team to carry out the inspection mission.

Article 28. Authority to issue decisions on sudden administrative inspections

1. Sudden inspections shall be conducted when signs of law violations by agencies, organizations, or individuals are discovered; at the request for resolving complaints, accusations, preventing corruption, and waste, or as assigned by the head of the state management agency at the same level.

2. Based on Clause 1 of this Article, the Chief Inspector of the Public Security of units and localities shall issue the sudden inspection decision, establish the Inspection Team to carry out the inspection mission, and send the sudden inspection decision to the head of the Public Security at the same level for reporting.

3.[14] For complex areas or cases involving the management responsibility of multiple units and localities of the Public Security, the Minister or the Director of the Provincial Public Security shall issue the sudden inspection decision, establish the Inspection Team to carry out the inspection mission.

4.[15] For particularly complex areas or cases involving multiple levels and sectors, primarily the responsibility of the Public Security, the Minister or the Director of the Provincial Public Security shall issue the sudden inspection decision and establish an inter-sectoral Inspection Team to carry out the inspection mission.

5.[16] The Director of the Prison Management Police Department, Compulsory Education Facility, and Juvenile Rehabilitation Center shall issue the sudden inspection decision within their authority for specific cases, establish the Inspection Team to carry out the inspection mission, and send the sudden inspection decision to the higher-level Public Security Inspectorate.

Article 29. Procedure, formalities, and steps for conducting administrative inspections

The procedure, formalities, authority, and steps for conducting administrative inspections shall be carried out in accordance with the provisions from Article 22 to Article 31 of Decree number 86/2011/ND-CP .

Article 30. Inspection Period

1. The administrative inspection conducted by the Inspection Team of the Ministry of Public Security shall not exceed 45 days; in complex cases, it may be extended but shall not exceed 70 days.

2.[17] The administrative inspection conducted by the provincial police, the Inspectorate of the Prison Management Police Department, Compulsory Education Facilities, and Reformatory Schools shall not exceed 30 days. In mountainous areas, border regions, islands, remote and difficult-to-reach areas, the period may be extended but shall not exceed 45 days.

3.[18] (Repealed)

4. The inspection period is calculated from the date of announcing the inspection decision to the end of the inspection activities at the inspected location. Any extension of the period shall be decided in writing by the person issuing the inspection decision and notified to the inspected entity at least five days before the extension.

Article 31. Duties and Authorities of the Person Issuing the Inspection Decision, Head of the Inspection Team, and Members of the Administrative Inspection Team

1. The duties and authorities of the person issuing the administrative inspection decision shall be implemented according to the provisions of Article 48 of the Inspection Law and other relevant articles concerning the duties and authorities of the person issuing the inspection decision as stipulated in Decree number 86/2011/ND-CP .

2. The duties and authorities of the Head of the Administrative Inspection Team shall be implemented according to the provisions of Article 46 of the Inspection Law and other relevant articles concerning the duties and authorities of the Head of the Inspection Team as stipulated in Decree No. 86/2011/NĐ-CP. During the course of conducting inspections, the Head of the Inspection Team may use the seal of the main agency conducting the inspection when issuing documents to implement inspection measures; they are responsible under the law, to the person issuing the inspection decision, and to their direct supervisor for the performance of the assigned inspection tasks.

3. The duties and authorities of members of the Administrative Inspection Team shall be implemented according to the provisions of Article 47 of the Inspection Law and other relevant articles concerning the duties and authorities of members of the Inspection Team as stipulated in Decree number 86/2011/ND-CP .

Article 32. Re-inspection of Administrative Inspections in the People's Public Security Force

1. Re-inspection is the examination, evaluation, and handling of inspection conclusions when signs of violation of laws are discovered during the inspection process or in the inspection conclusion.

2. Authority for re-inspection:

a)[19] The Minister of Public Security decides on re-inspection of cases that have been concluded by the Chief Inspector of the Ministry, the Director of the Prison Management Police Department, Compulsory Education Facilities, and Reformatory Schools, or the Provincial Police Director, but where signs of violation of laws are subsequently discovered.

b) The Chief Inspector of the Ministry decides on re-inspection of cases that have been concluded by the Chief Inspector or the head of the unit without an inspection organization of the public security units and localities, but where signs of violation of laws are subsequently discovered.

3. Re-inspection activities shall be carried out according to the provisions of Articles from Article 48 to Article 52 of Decree number 86/2011/ND-CP .

Section 3. INSPECTION ACTIVITIES IN THE SPECIALIZED FIELD OF THE PEOPLE'S PUBLIC SECURITY FORCE

Article 33. Authority to Issue Specialized Inspection Decisions

1. The Minister of Public Security issues an inspection decision when deemed necessary or when inspecting fields within the scope of the Ministry of Public Security’s state management that involve multiple levels and sectors; re-inspecting cases within the Ministry of Public Security’s state management authority that have been concluded by the provincial People's Committee Chairperson or the Chief Inspector of the Ministry but where signs of violation of laws are discovered.

2.[20] The Chief Inspector of the Ministry issues inspection decisions on fields within the Ministry of Public Security’s state management according to plans approved by the Minister of Public Security; conducts surprise inspections of ministries, sectors, corporations, and total companies operating nationwide or involving multiple localities and provincial People's Committees; re-inspects cases within the Ministry of Public Security’s state management authority that have been concluded by the Director of the Fire Prevention and Control Police Department or the Provincial Police Director but where signs of violation of laws are discovered; re-inspects cases within the Ministry of Public Security’s state management authority that have been concluded by the provincial People's Committee Chairperson but where signs of violation of laws are discovered when delegated by the Minister of Public Security.

3.[21] The Provincial Police Director issues inspection decisions on fields within the Ministry of Public Security’s state management according to plans approved by the Minister; decides on surprise inspections of the responsibilities of department directors, sector heads, and district People's Committee Chairs within their jurisdiction when necessary or involving multiple sectors, levels, companies, and enterprises within their area; re-inspects cases within the Ministry of Public Security’s state management authority that have been concluded by the Provincial Police Inspector or the district People's Committee Chair but where signs of violation of laws are discovered.

4.[22] The Director of the Fire Prevention and Control Police Department and the Chief Inspector of the Provincial Police issue inspection and surprise inspection decisions on fields within their authority; the Chief Inspector of the Provincial Police re-inspects cases within their authority that have been concluded by the district People's Committee Chair but where signs of violation of laws are discovered when delegated by the Provincial Police Director.

Article 34. Tasks and Authorities of the Head of the Specialized Inspection Team

1. During the inspection process, the Head of the Inspection Team shall perform tasks and exercise authorities as prescribed in Article 53 of the Inspection Law and other provisions related to the tasks and authorities of the Head of the specialized inspection team as stipulated in Decree No. 07/2012/ND-CP. During the inspection process, the Head of the Inspection Team may use the seal of the leading agency conducting the inspection when issuing documents to implement inspection measures; they shall be responsible under the law, before the person who issues the inspection decision, and the direct manager regarding the performance of assigned inspection tasks.

2. Based on the inspection decision, the Head of the Inspection Team shall issue a written notice to the direct head of the inspected entity and relevant persons to inform about the time, place, and participants for the announcement of the inspection decision or inspection conclusion.

3. The Head of the Inspection Team shall draft the inspection conclusion, seek opinions on the draft conclusion from the person signing the inspection decision, and organize the announcement of the inspection conclusion if instructed or delegated by the person issuing the inspection decision.

Article 35. Tasks and Authorities of Members of the Specialized Inspection Team

1. During the inspection process, members of the specialized inspection team shall perform tasks and exercise authorities as prescribed in Clause 1 and Clause 2 of Article 54 of the Inspection Law.

2. Develop a plan for implementing assigned tasks, submit it to the Head of the Inspection Team for approval, and organize its implementation strictly according to the plan; report any issues arising outside the plan to the Head of the Inspection Team or the person issuing the inspection decision for resolution within their authority.

Article 36. Tasks and Authorities of the Person Issuing the Specialized Inspection Decision

1. The person issuing the inspection decision shall perform tasks and exercise authorities as prescribed in Article 55 of the Inspection Law.

2. Decide on the form of soliciting opinions from the inspected entity on the draft inspection conclusion.

3. Decide on the form of publicizing the inspection conclusion in accordance with the law.

Article 37. Procedure, Formalities, and Steps for Conducting Specialized Inspections

The procedure, formalities, and steps for conducting specialized inspections shall be carried out in accordance with the provisions from Article 17 to Article 28 of Decree No. 07/2012/ND-CP .

Article 38. Inspection Period

1.[23] A specialized inspection conducted by the Ministry of Public Security or the Fire Prevention and Fighting, Search and Rescue Service shall not exceed 45 days; in complex cases, it may be extended but not more than 70 days.

2.[24] A specialized inspection conducted by the Provincial Public Security Inspectorate shall not exceed 30 days; in complex cases, it may be extended but not more than 45 days.

3. The inspection period is calculated from the date of announcing the inspection decision to the end of the inspection at the inspected location. Any extension of the inspection period must be decided in writing by the person issuing the inspection decision and notified to the inspected entity at least five days prior to the extension.

Section 4. IMPLEMENTATION OF RIGHTS IN INSPECTION ACTIVITIES, INSPECTION FILES, TRANSFER OF CASES WITH CRIMINAL INDICATIONS TO THE INVESTIGATION AUTHORITY

Article 39. Implementation of rights in inspection activities

1. The request for the inspected object, agencies, organizations, and individuals related to provide information, documents, and explanations on issues related to the content of the inspection shall be carried out in accordance with the provisions of Article 34 and Article 35 of Decree number 86/2011/ND-CP ; information, documents, reports, and explanations containing content related to state secrets must be received, managed, used, and handed over in accordance with the laws on protecting state secrets.

2. Sealing documents, inventorying assets, requesting expert appraisal, temporarily suspending illegal acts, temporarily holding money, items, permits, freezing accounts, recovering money, property that has been embezzled, misused, or lost due to illegal acts shall be carried out in accordance with the provisions from Article 36 to Article 42 of Decree number 86/2011/ND-CP .

Article 40. Inspection Files

1. Inspections must be recorded in files in accordance with the provisions of Article 59 of the Inspection Law and Article 43 of Decree number 86/2011/ND-CP .

2. The Minister of Public Security shall specify in detail the procedures for establishing, transferring, managing, and using inspection files within the Public Security Force.

Article 41. Transfer of case files with signs of criminal offenses to investigative agencies

During the inspection process or upon completion of the inspection, if a case with signs of criminal offenses is discovered, the person issuing the inspection decision must transfer the case file to the competent investigative agency and notify in writing the People's Procuracy at the same level in accordance with the provisions of Article 44 and Article 45 of Decree number 86/2011/ND-CP .

The investigative agency is responsible for receiving the file and performing its responsibilities in accordance with the provisions of Article 60 of the Inspection Law and Article 44 of Decree number 86/2011/ND-CP .

Chapter IV. INSPECTORS IN THE PUBLIC SECURITY FORCE AND ASSISTANT INSPECTORS OF THE PUBLIC SECURITY FORCE

Article 42. Inspectors in the Public Security Force

1. Police officers in the Public Security Force who are assigned to perform specialized inspection duties and meet the criteria stipulated by law may be considered for appointment to the Inspector position in the Public Security Force by the Minister of Public Security in accordance with the law.

2. Inspectors in the Public Security Force have the following tasks and powers:

a) Conduct inspections when there is a decision by the head of the inspection agency or the authorized head of the police agency; in urgent cases, they can apply measures prescribed by law to prevent and handle violations of the law, while immediately reporting to the Chief Inspector of the same-level police force and bearing responsibility under the law for their handling measures;

b) When conducting administrative inspections, they must comply with the provisions of Article 47 of the Inspection Law and other relevant regulations;

c) When conducting specialized inspections, they must comply with the provisions of Article 54 of the Inspection Law and other relevant regulations;

d) Verify the content of complaints, denunciations, public reception; prevent and combat corruption and waste, and other tasks assigned by the head of the inspection agency or the head of the same-level police agency;

đ) When having a plan approved by the authorized head of the police agency, they may use specialized technical means and equipment for inspection work.

Article 43. Standards for Inspector Ranks and Appointment, Removal, Issuance of Inspector Cards for Inspectors in the People's Public Security Force

1. The general standards for Inspectors in the People's Public Security Force shall be implemented in accordance with the provisions of Article 32 of the Inspection Law.

2. Specific standards for Inspector ranks in the People's Public Security Force shall be implemented in accordance with the regulations of the Prime Minister. Inspectors performing specialized inspection tasks must, in addition to meeting the standards of their current position, have knowledge of the specialized field they are assigned to inspect.

3. The appointment, removal, and transfer of Inspector ranks shall be decided by the Minister of Public Security; the issuance, replacement, and revocation of Inspector cards for Inspectors in the People's Public Security Force shall be carried out in accordance with the provisions of the law.

Article 44. Collaborators for Inspection in the People's Public Security Force

1. Collaborators for Inspection in the People's Public Security Force shall be summoned according to the provisions of the law to participate in Inspection Teams and must be individuals with appropriate expertise and vocational qualifications for the inspection tasks, possessing good political qualities, moral integrity, a sense of responsibility, honesty, objectivity, and fairness.

2. Collaborators for Inspection in the People's Public Security Force shall perform tasks as assigned by the Head of the Inspection Team or Inspectors in the People's Public Security Force; they may propose issues related to the inspection content within the scope and tasks assigned; report the results of their tasks to the Head of the Inspection Team or the person who issued the summons; bear responsibility before the Head of the Inspection Team and the head of the inspection agency regarding the accuracy and honesty of the reported content.

Article 45. Policies and Benefits for Inspectors and Collaborators for Inspection in the People's Public Security Force

1. Inspectors in the People's Public Security Force shall enjoy benefits according to the regulations for armed forces personnel and additional allowances for Inspectors as stipulated by the Prime Minister.

2. During participation in Inspection Teams, Collaborators for Inspection in the People's Public Security Force shall be provided with working conditions, means of work, and other rights equivalent to those of members of the Inspection Team.

3. The Minister of Public Security shall provide specific guidelines on the standards for Collaborators for Inspection, policies, and incentives for Collaborators for Inspection that are suitable for the characteristics of inspection activities in the People's Public Security Force.

Article 46. Budget for Summoning Collaborators for Inspection in the People's Public Security Force

1. The budget for summoning Collaborators for Inspection shall be funded from the state budget according to the approved budget estimate.

2. Each year, inspection agencies in the People's Public Security Force shall prepare a budget estimate for summoning Collaborators for Inspection and submit it to the financial department at the same level. The financial department at the same level shall be responsible for compiling and submitting it for approval by the competent authority.

Chapter V. STATE MANAGEMENT OF INSPECTION WORK AND ENSURING INSPECTION ACTIVITIES IN THE PEOPLE'S PUBLIC SECURITY FORCE

Article 47. State Management Authority and Content of Inspection Work

1. The Minister of Public Security shall uniformly manage state affairs concerning inspection work in the People's Public Security Force; heads of public security units and localities shall be responsible for managing inspection work within their jurisdiction.

2. The Inspectorate of the Ministry shall be responsible for assisting the Minister in managing state administration over inspection work within the People's Public Security.

Public Security Inspectors of units and localities and full-time or part-time inspection officers in places without an Inspection Organization shall assist the heads of public security at the same level in managing inspection work within their assigned jurisdiction.

3. The content of state management includes:

a) Proposing competent authorities to issue or issuing within their authority legal documents on inspection and guiding and organizing the implementation of such legal documents;

b) Promulgating and educating about legal regulations on inspection;

c) Inspecting, supervising, and checking the implementation of legal regulations on inspection; handling violations of laws on inspection;

d) Implementing information and reporting systems on inspection work within the assigned jurisdiction;

đ) Summarizing practical experiences, conducting scientific research to serve various aspects of inspection work of the People's Public Security Force;

e) Improving organizational structures, strengthening staff, implementing policies and ensuring necessary conditions for inspection activities;

g) Training and enhancing inspection skills for heads and staff engaged in inspection work of the People's Public Security Force;

h) Resolving complaints and reports related to inspection activities in accordance with the law;

i) International cooperation in the fields of inspection work in the People's Public Security Force.

Article 48. Collection of Information by State Inspection Agencies

The collection of information by state inspection agencies within the People's Public Security shall be carried out in accordance with the provisions from Article 66 to Article 69 of the Decree number 86/2011/ND-CP .

Article 49. Reporting System on Inspection Work

The reporting system on inspection work within the People's Public Security shall be implemented in accordance with the provisions from Article 60 to Article 65 of the Decree number 86/2011/ND-CP .

Article 50. Responsibilities of Heads of State Administrative Bodies at All Levels and Sectors for Inspection Activities of the People's Public Security

The heads of state administrative bodies at all levels and sectors, and the heads of bodies entrusted with specialized inspection functions within their scope of duties and powers shall be responsible for organizing, directing, ensuring financial resources and other necessary conditions for inspection activities; directing the handling, implementing recommendations, conclusions, and decisions on inspection matters in accordance with the regulations.

Article 51. Responsibilities of the Minister of Public Security and Heads of Public Security Units and Localities in Organizing and Directing Inspection Activities

1. Leading and directing inspection activities, being accountable to higher-level authorities regarding inspection work within their management scope.

2. Improving organizational structure, appointing, dismissing, or removing from office, or proposing competent authorities to appoint, dismiss, or remove from office inspection positions within the People's Public Security; assigning capable and virtuous cadres to inspection work.

3. Implementing policies towards Inspectors, Inspection Collaborators, full-time or part-time inspection officers within the People's Public Security. Directing competition, commendation, and handling violations in inspection activities of the People's Public Security in accordance with the regulations.

4. Regularly inspecting and supervising the responsibility of units and individuals under their management in implementing laws on inspection.

5. Directing the development and approval of inspection programs and plans of inspection agencies and agencies entrusted with specialized inspection functions within the People's Public Security.

6. Periodically listening to reports from inspection agencies directly under their management on inspection work; promptly resolving difficulties and obstacles in inspection work; handling overlaps in inspection and supervision activities within their authority.

7. Promptly handling inspection conclusions.

8. Utilizing inspection results to enhance the effectiveness of state management in national security protection and social order and safety maintenance, building forces and other aspects of work within the People's Public Security.

9. Ensuring financial resources, equipping material infrastructure, and other necessary conditions for inspection activities of the People's Public Security.

10. Directing the resolution of complaints in inspection activities in accordance with the law on complaints; directing the resolution of accusations in inspection activities in accordance with the law on accusations; directing the handling of violations by inspected subjects and related organizations, individuals in accordance with the law; directing the handling of violations by decision-makers in inspections, members of inspection teams, and full-time or part-time inspection officers in places without inspection organizations.

11. Implementing the reporting system on inspection work in accordance with the regulations.

Article 52. Ensuring the Implementation of Inspection Conclusions and Decisions on Handling Inspections

1. The Minister of Public Security and the Heads of Public Security Units and Localities within their respective duties and authorities shall be responsible for promptly handling inspection conclusions and recommendations; issuing decisions on handling inspections; applying measures within their authority to handle agencies, organizations, and individuals with violations; and promptly rectifying weaknesses and deficiencies in management work.

2. Inspection conclusions and decisions on handling inspections must be strictly complied with by the inspected entities, agencies, organizations, and individuals related to the inspection.

3. Agencies, organizations, and individuals that are the subjects of inspection and those related to the inspection have the responsibility to implement inspection recommendations, conclusions, and decisions on handling inspections; if they fail to comply, they will be subject to disciplinary action, administrative violation handling, or criminal liability pursuit depending on the nature and severity of the violation; if damage is caused, compensation and restitution must be provided according to the law.

4. The Heads of Inspection Units at Public Security Units and Localities within their respective duties and authorities shall be responsible for monitoring, urging, and inspecting the implementation of inspection conclusions and decisions on handling inspections.

Article 53. Ensuring Funding for the Activities of People's Public Security Inspection and Inspection Collaborators

The funding for the activities of People's Public Security Inspection and Inspection Collaborators shall be guaranteed from the state budget according to the current budget management hierarchy. Management and use of the budget shall be carried out in accordance with the State Budget Law and guiding documents for its implementation.

Article 54. Use of Seals and Accounts of Inspection Units within the People's Public Security[25]

1. The Ministry Inspection Unit, Provincial Public Security Inspection Unit, and Prison Administration, Compulsory Education Institution, and Juvenile Rehabilitation School Inspection Unit shall each have their own seals.

2. The Ministry Inspection Unit and Provincial Public Security Inspection Unit shall have temporary holding accounts at the National Treasury.

3. Inspection units within the People's Public Security that do not fall under the provisions of Clause 1 and Clause 2 of this Article shall use the accounts and seals of the same-level managing agency.

Chapter VI. IMPLEMENTATION PROVISIONS[26]

Article 55. Effective Date

This Decree shall take effect from July 1, 2014, and replace Decree No. 63/2006/NĐ-CP dated June 23, 2006, of the Government on the organization and operation of People's Public Security Inspection.

All previous regulations related to the organization and operation of People's Public Security Inspection that conflict with this Decree shall be abolished.

Article 56. Responsibility for Enforcement

1. The Minister of Public Security shall be responsible for guiding the enforcement of this Decree.

2. Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial and centrally-administered city People's Committees, Heads of agencies and units, and related individuals shall be responsible for enforcing this Decree./.