Decree No. 07/2012/ND-CP on agencies assigned to perform specialized inspection functions and specialized inspection activities

DECREE

Provisions on the agency entrusted to perform specialized inspection functions

and specialized inspection activities

____________________

THE GOVERNMENT

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

Based on the Inspection Law dated November 15, 2010;

Upon the proposal of the Government Inspector General,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

this Decree stipulates the agency entrusted to perform specialized inspection functions, the tasks, powers of such agency, and the heads of agencies entrusted with specialized inspection functions; specialized inspection activities of the Ministry Inspectors, Department Inspectors, and agencies entrusted with specialized inspection functions; and the responsibilities of the heads of state management agencies, state inspectors, and agencies entrusted with specialized inspection functions in specialized inspection activities.

Article 2. Applicability

This Decree applies to the heads of state management agencies, the heads of agencies entrusted with specialized inspection functions; Chief Inspectors of Ministries, Chief Inspectors of Departments; Heads of specialized inspection teams, members of specialized inspection teams, Inspectors, persons assigned to perform specialized inspection tasks; inspected entities and other related organizations and individuals; foreign organizations and individuals operating within the territory of Vietnam.

Article 3. Principles for conducting specialized inspection activities

1. Specialized inspection activities shall be carried out by specialized inspection teams, Inspectors, and persons assigned to perform specialized inspection tasks.

2. Specialized inspection activities must be conducted regularly, closely linked to the performance of professional, technical, and operational tasks; promptly detecting, preventing, and handling violations of laws.

Article 4. Responsibilities of the head of the state management agency

The Minister, the head of a ministerial-level agency, the Chief Inspector of a Ministry, the Director of a department, the Chief Inspector of a department, and the head of an agency entrusted with specialized inspection functions within their scope of duties and authority shall be responsible for organizing, directing, implementing, inspecting, and supervising specialized inspection activities; promptly addressing inspection conclusions, recommendations, and decisions; and bearing legal responsibility for their actions and decisions.

Article 5. Prohibited acts

1. The head of an agency entrusted with specialized inspection functions and persons assigned to perform specialized inspection tasks shall not engage in prohibited acts as stipulated in Article 13 of the Inspection Law.

2. Persons assigned to perform specialized inspection tasks must report a refusal and shall not participate in inspection teams or conduct independent inspections if their father, mother, spouse, child, full brother, full sister, or full sibling is directly the inspected entity or holds a leadership or management position in the inspected organization or agency.

Chapter II

AGENCY ENTRUSTED TO PERFORM SPECIALIZED INSPECTION FUNCTIONS; TASKS,

POWERS OF THE AGENCY ENTRUSTED TO PERFORM SPECIALIZED INSPECTION FUNCTIONS

Section 1

AGENCY ASSIGNED TO PERFORM SPECIALIZED INSPECTION FUNCTIONS

Article 6. General Administration Bureaus and Equivalent Agencies Entrusted to Perform Specialized Inspection Functions

1. Ministry of Industry and Trade: Market Management Bureau, Chemicals Bureau, Industrial Safety and Environmental Technology Bureau.

2. Ministry of Transport: Vietnam Highway Administration, Vietnam Railway Administration, Vietnam Inland Waterway Administration, Vietnam Maritime Administration, Vietnam Civil Aviation Administration.

3. Ministry of Planning and Investment: General Statistics Office.

4. Ministry of Science and Technology: Standardization, Metrology and Quality Control General Administration, Radiation and Nuclear Safety Bureau.

5. Ministry of Labor, Invalids and Social Affairs: Vocational Training General Administration, Overseas Labor Management Bureau.

6. Ministry of Agriculture and Rural Development: Water Resources General Administration; Forestry General Administration; Fisheries General Administration; Animal Health Bureau; Plant Protection Bureau; Crop Production Bureau; Livestock Breeding Bureau; Quality Control Bureau for Agricultural, Forest and Fishery Products; Cooperative Economy and Rural Development General Administration; Processing, Marketing of Agricultural, Forest and Fishery Products and Salt Industry Bureau.

7. Ministry of Foreign Affairs: National Committee for Vietnamese Communities Abroad.

8. Ministry of Home Affairs: Central Propaganda and Commendation Board, State Religious Board.

9. Ministry of Natural Resources and Environment: Geological and Mineral Resources General Administration, Environment General Administration, Land Management General Administration.

10. Ministry of Finance: Tax General Administration; Customs General Administration; State Treasury; Securities Commission; National Reserve General Administration; Insurance Supervision and Management Bureau.

11. Ministry of Information and Communications: Radio Frequency Spectrum Bureau; Telecommunications Bureau; Broadcasting, Television and Electronic Information Management Bureau; Press Bureau; Publishing Bureau.

12. Ministry of Health: Population and Family Planning General Administration; Drug Administration; Medical Examination and Treatment Management Bureau; Health Environment Management Bureau; Preventive Medicine Bureau; Food Safety Bureau.

Article 7. Departments under General Departments and equivalent entities are assigned to perform specialized inspection functions.

1. State-owned Regional Reserve Department.

2. Customs Department.

3. Provincial Treasury under centrally governed cities.

4. Tax Department.

5. Statistics Department.

Article 8. Sub-departments under Departments, Sub-departments under Departments and equivalent entities are assigned to perform specialized inspection functions.

1. Civil Aviation Port Management, Maritime Port Management, Inland Waterway Port Management under the Vietnam Inland Waterways Administration.

2. Tax Sub-department.

3. Regional Frequency Center.

4. Market Management Sub-department under the Department of Industry and Trade.

5. Food Safety Sub-department, Population and Family Planning Sub-department under the Health Department.

6. Plant Protection Sub-department, Veterinary Sub-department, Fisheries Sub-department, Quality Management of Forestry and Aquatic Products Sub-department, Irrigation Sub-department, Dyke and Reservoir Sub-department, Forestry Sub-department, Rural Development Sub-department under the Department of Agriculture and Rural Development.

Article 9. Advisory Units for Specialized Inspection Work.

Advisory units for specialized inspection work shall be established at agencies assigned to perform specialized inspection functions according to the decision of the competent authority.

Section 2

TASKS AND POWERS OF AGENCIES ASSIGNED TO PERFORM SPECIALIZED INSPECTION FUNCTIONS

Article 10. Tasks and powers of General Departments and equivalent entities, Departments under Ministries, Departments under General Departments and equivalent entities, Sub-departments under Departments, Sub-departments under Departments and equivalent entities assigned to perform specialized inspection functions.

1. General Departments and equivalent entities (hereinafter referred to collectively as General Departments); Departments under Ministries; Sub-departments under Departments have the following tasks and powers:

a) Drafting inspection plans to send to the Ministry Inspectorate and the Department Inspectorate for consolidation and submission to the Minister or the Department Director for approval and organizing the implementation of such plans;

b) Inspecting compliance with laws and regulations in their respective fields, technical rules, management rules and sectoral regulations;

c) Inspecting cases that show signs of law violations when assigned by the Chief Inspector of the Ministry or the Chief Inspector of the Department;

d) Inspecting other cases assigned by the Minister or the Department Director;

đ) Monitor, urge, and check the implementation of conclusions, recommendations, and decisions on inspections made by itself;

e) Summarizing and reporting the results of specialized inspections to the Ministry Inspectorate and the Department Inspectorate.

2. Tasks and powers of Departments under General Departments and equivalent entities, Sub-departments under Departments and equivalent entities assigned to perform specialized inspection functions; Department Heads under General Departments and equivalent entities, Sub-department Heads under Departments and equivalent entities; information and reporting systems, specialized inspection activities of Departments under General Departments and equivalent entities, Sub-departments under Departments and equivalent entities assigned to perform specialized inspection functions are specified by the Minister or the Head of an equivalent agency.

Article 11. Tasks and powers of General Department Heads and equivalent entities, Department Heads under Ministries, Sub-department Heads under Departments assigned to perform specialized inspection functions.

General Department Heads and equivalent entities (hereinafter referred to collectively as General Department Heads); Department Heads under Ministries; Sub-department Heads under Departments assigned to perform specialized inspection functions have the following tasks and powers:

1. Leading, directing, and inspecting the specialized inspection work entrusted.

2. Deciding on inspections when discovering signs of law violations or upon request of the Minister, the Chief Inspector of the Ministry, the Department Director, or the Chief Inspector of the Department; assigning civil servants to carry out specialized inspection tasks.

3. Proposing the competent authority to handle overlapping issues regarding the scope, subjects, content, and time of inspections within their jurisdiction.

4. Proposing state agencies with the appropriate authority to amend, supplement, or issue regulations in accordance with management requirements; proposing the suspension or revocation of illegal regulations discovered through inspection work.

5. Administering administrative penalties according to the provisions of law.

Article 12. Standards for individuals assigned to perform specialized inspection tasks

1. Individuals assigned to perform specialized inspection tasks are civil servants within the establishment of the agency responsible for performing specialized inspection functions (hereinafter referred to as specialized inspection civil servants) who meet the conditions and standards stipulated for their civil service rank and the following specific standards:

a) Understanding laws and having expertise appropriate to the field assigned to perform specialized inspection tasks;

b) Having inspection skills;

c) Having at least one year of professional work experience in the assigned inspection field (excluding probationary period).

2. The specific standards for specialized inspection civil servants shall be issued by the Minister or the head of an equivalent agency.

Article 13. Uniforms, civil servant cards, and allowances for specialized inspection civil servants

1. Specialized inspection civil servants have uniforms, civil servant cards, and are entitled to allowances when performing inspection tasks.

The Ministry of Finance shall submit to the Prime Minister for a decision on the allowance system for specialized inspection civil servants.

2. The uniform and civil servant card for specialized inspection civil servants shall be prescribed by the Minister or the head of an equivalent agency.

Chapter III

SPECIALIZED INSPECTION ACTIVITIES

Section 1

ACTIVITY OF SPECIALIZED INSPECTION GROUPS

Article 14. Authority to issue decisions on planned specialized inspections

1. The Director of Inspection of the Ministry, the Director of Inspection of the Department, the General Director, the Director of the Bureau under the Ministry, and the Director of the Sub-department under the Department shall issue inspection decisions and establish Inspection Groups.

2. For complex cases involving the management responsibility of multiple agencies, units, levels, and sectors, the Minister, the head of an equivalent agency, or the Director of the Department shall issue inspection decisions and establish Inspection Groups.

Article 15. Authority to issue decisions on ad hoc specialized inspections

1. Ad hoc inspections shall be conducted when there are signs of violations of the law or upon request for handling complaints, reports, or anti-corruption measures, or at the request of the Minister, the head of an equivalent agency, the Director of Inspection of the Ministry, or the Director of the Department.

2. The Director of Inspection of the Ministry, the Director of Inspection of the Department shall issue decisions on ad hoc inspections, establish Inspection Groups, and report the ad hoc inspection decisions to the Minister, the head of an equivalent agency, or the Director of the Department. In cases where the decision on ad hoc inspections is made by the General Director, the Director of the Bureau under the Ministry, or the Director of the Sub-department under the Department, the ad hoc inspection decisions shall be reported to the Director of Inspection of the Ministry or the Director of Inspection of the Department.

3. For complex cases involving the management responsibility of multiple agencies, units, levels, and sectors, the head of the state administrative management agency shall issue decisions on ad hoc inspections and establish Inspection Groups.

Article 16. Duration of specialized inspection by Inspection Groups

1. The duration of a specialized inspection is specified as follows:

a) A specialized inspection conducted by the Ministry's Inspection, General Department, or Bureau under the Ministry shall not exceed 45 days; in complex cases, it may be extended but not more than 70 days;

b) A specialized inspection conducted by the Department's Inspection or Sub-department under the Department shall not exceed 30 days; in complex cases, it may be extended but not more than 45 days.

2. The inspection period begins on the day the inspection decision is published and ends on the day the inspection concludes at the inspected location.

3. The extension of the inspection period shall be decided by the person issuing the specialized inspection decision.

Article 17. Specialized Inspection Team

1. The specialized inspection team is established to conduct inspections within the scope, objects, contents, tasks, and deadlines specified in the inspection decision.

The specialized inspection team consists of the Head of the Inspection Team, Inspectors, members of the Inspection Team, specialized inspection civil servants; when necessary, it may include a Deputy Head of the Inspection Team.

2. The Head of the Inspection Team performs duties and powers as prescribed in Article 53 of the Inspection Law; bears responsibility under the law and before the person issuing the inspection decision for the performance of inspection tasks.

The Head of the Inspection Team may use the seal of the leading agency conducting the inspection when issuing documents to implement inspection measures.

3. Members of the Inspection Team and specialized inspection civil servants perform duties and powers as prescribed in Article 54 of the Inspection Law; bear responsibility under the law, before the Head of the Inspection Team and the person issuing the inspection decision for the assigned inspection tasks.

Article 18. Building and Approving the Plan for Conducting Inspections by the Inspection Team

1. The Head of the Inspection Team is responsible for building the plan for conducting inspections by the Inspection Team. The plan for conducting inspections includes: purpose, requirements, scope, content, objects, period, deadline for inspections; methods for conducting inspections, progress, information and reporting systems, means, equipment, funds, and other material conditions necessary to serve the activities of the Inspection Team; organization to implement the plan for conducting inspections.

2. The Head of the Inspection Team submits the plan for conducting inspections to the person issuing the inspection decision for approval.

3. The time for building and approving the plan for conducting inspections is decided by the person issuing the inspection decision, but not exceeding five working days from the date of signing the inspection decision. In case of urgent inspections, the time does not exceed three working days.

Article 19. Publicizing Plans for Conducting Inspections

1. The Head of the Inspection Team disseminates the plan for conducting inspections; methods and ways to conduct inspections; assigns tasks to members of the Inspection Team; when necessary, trains members of the Inspection Team on their duties.

2. Members of the Inspection Team build plans to carry out assigned tasks and report to the Head of the Inspection Team.

Article 20. Developing an Outline for Inspection Object Reports

Based on the plan for conducting inspections, the Head of the Inspection Team is responsible for drafting a framework for the requirements for the inspected object to report and send it to the inspected object before announcing the inspection decision.

Article 21. Announcing the Publication of the Specialized Inspection Decision

Before announcing the inspection decision, the Head of the Inspection Team informs the inspected object about the publication of the inspection decision; if necessary, prepares for the person issuing the inspection decision to announce it in writing to the inspected object. The announcement must clearly state the time, location, and participants.

Article 22. Publishing the Specialized Inspection Decision

1. Not later than fifteen days from the date of signing the inspection decision, the Head of the Inspection Team is responsible for publishing the inspection decision to the inspection object.

2. When publishing the inspection decision, the Head of the Inspection Team must clearly state the duties and powers of the Inspection Team, the deadline for inspections, the rights and responsibilities of the inspected object, the planned schedule for the Inspection Team's work with the inspected object, and other related contents.

3. The publication of the inspection decision must be recorded in a minutes document. The minutes must have the signatures of the Head of the Inspection Team and the head of the agency, organization, or individual being inspected.

Article 23. Collection of Information and Evaluation of Policy and Legal Compliance

1. Members of the inspection team shall be responsible for collecting, studying, analyzing information, documents, and evidence; evaluating the implementation of policies, laws, tasks, and authorities of the inspected entity related to the assigned inspection content.

2. Members of the inspection team must report on the progress and results of their assigned tasks to the head of the inspection team as required; in cases where issues exceeding their authority are discovered, they must promptly report to the head of the inspection team for consideration and decision.

3. The head of the inspection team shall be responsible for promptly considering and handling recommendations from members of the inspection team; in cases where the issues exceed their authority, they must immediately report to the person who issued the inspection decision for consideration and decision.

Article 24. Reporting on the Progress of Specialized Inspection Tasks

1. The head of the inspection team shall be responsible for reporting to the person who issued the inspection decision on the progress of the inspection team's tasks according to the inspection plan or upon urgent request of the person who issued the inspection decision.

2. The progress of the inspection tasks must be reported in writing, including the following contents: progress of the task; completed content; ongoing content; work to be carried out in the near future; recommendations and proposals (if any).

Article 25. Reporting on the Results of Specialized Inspections

Within fifteen days from the end date of the inspection, the head of the inspection team must submit a written report on the inspection results, except in cases where the inspection conclusion requires waiting for a specialized conclusion from the competent agency or organization. The report on the results of specialized inspections must include the following contents:

1. Overview of the inspected entity;

2. Results of verification and investigation of each inspection content;

3. Evaluation of the implementation of policies, laws, tasks, and compliance with standards and professional-technical regulations of the inspected entity;

4. Measures applied within the scope of authority during the inspection process; recommendations for measures to address violations of the law; recommendations for amending, supplementing, issuing regulations in accordance with management requirements or abolishing regulations found to be contrary to the law through inspection (if any);

5. Different opinions among members of the inspection team (if any).

Article 26. Drafting the Inspection Conclusion

1. The person who issued the inspection decision directs the head of the inspection team to draft the inspection conclusion. If necessary, the person who issued the inspection decision may require the inspected entity, the head of the inspection team, and members of the inspection team to report and explain to clarify additional inspection content.

2. Before making a formal conclusion, if deemed necessary, the person who issued the inspection decision may seek the opinion of the relevant professional agency or send the draft inspection conclusion to the inspected entity. The explanation of the inspected entity must be provided in writing and accompanied by supporting documents.

Article 27. Inspection Conclusion

1. Based on the report on the inspection results and the explanations of the inspected entity (if any), within fifteen days from receiving the report on the inspection results, the person who issued the inspection decision must issue an inspection conclusion; except in cases where the inspection conclusion requires waiting for a specialized conclusion from the competent agency or organization. The inspection conclusion must include the following contents:

a) Results of verification and investigation of each inspection content;

b) Conclusions on the implementation of policies, laws, standards, professional-technical regulations, tasks, and authorities of the inspected entity within the inspection content; clearly identifying the nature, degree of violation, causes, and responsibilities of agencies, organizations, and individuals involved in violations (if any);

c) Recommendations for measures to address violations of the law; recommendations for amending, supplementing, issuing regulations in accordance with management requirements or abolishing regulations found to be contrary to the law through inspection (if any).

2. During the process of issuing the inspection conclusion, the person who issued the inspection decision has the right to request reports from the head of the inspection team and members of the inspection team, and to require the inspected entity to provide explanations to clarify any necessary issues for the issuance of the inspection conclusion.

3. The person who issued the inspection decision is responsible for organizing the publication of the inspection conclusion. In necessary cases, they may delegate this responsibility to the head of the inspection team. The publication of the inspection conclusion must be recorded in a protocol.

4. The delivery of the inspection conclusion is carried out as follows:

a) For inspections conducted by the Ministry Inspectorate, the inspection conclusion must be sent to the Minister, the head of the equivalent ministry-level agency, the General Inspector of the Government, the inspected entity, the head of the direct superior supervisory agency of the inspected entity (if any), and related agencies, organizations, and individuals;

b) For inspections conducted by the General Department or Bureau under the Ministry assigned the function of specialized inspection, the inspection conclusion must be sent to the Ministry Inspectorate, the inspected entity, the head of the direct superior supervisory agency of the inspected entity (if any), and related agencies, organizations, and individuals;

c) For inspections conducted by the Provincial Inspectorate, the inspection conclusion must be sent to the Provincial Director, the inspected entity, the head of the direct superior supervisory agency of the inspected entity (if any), and related agencies, organizations, and individuals;

d) For inspections conducted by the District Inspectorate under the Provincial Department assigned the function of specialized inspection, the inspection conclusion must be sent to the Provincial Inspectorate, the inspected entity, the head of the direct superior supervisory agency of the inspected entity (if any), and related agencies, organizations, and individuals.

5. The specialized inspection conclusion shall be filed in the inspection dossier.

Article 28. Publicizing the specialized inspection conclusion

The publicizing of the specialized inspection conclusion shall be carried out in accordance with the provisions of Article 46 of Decree No. 86/2011/NĐ-CP dated September 22, 2011, of the Government detailing and guiding the implementation of certain articles of the Inspection Law.

Section 2

SPECIALIZED INSPECTION ACTIVITIES OF INSPECTORS AND SPECIALIZED INSPECTORS CONDUCTING INDEPENDENT INSPECTIONS

Article 29. Assignment of Inspectors and Specialized Inspectors to Conduct Independent Inspections

The Chief Inspector of the Ministry, the Chief Inspector of the Department, the Director of the General Department, the Director of the Department under the Ministry, and the Director of the Sub-department under the Department shall assign Inspectors and Specialized Inspectors within their management scope to conduct independent specialized inspections based on the inspection plan. The assignment decision shall include the following contents:

1. Name, position, identification card number of the Inspector or of the Specialized Inspector conducting the independent inspection.

2. Scope, content, tasks of the inspection;

3. Time to conduct the inspection.

Article 30. Duration of Independent Specialized Inspection

The duration of each independent specialized inspection for an inspected entity is five working days, starting from the day the inspection begins. In cases where necessary, the Chief Inspector of the Ministry, the Chief Inspector of the Department, the Director of the General Department, the Director of the Department under the Ministry, and the Director of the Sub-department under the Department may extend the inspection period but the extension period shall not exceed five working days.

Article 31. Duties and Authorities of Inspectors and Specialized Inspectors Conducting Independent Inspections

1. Carry out tasks assigned by the Chief Inspector of the Ministry, the Chief Inspector of the Department, the Director of the General Department, the Director of the Department under the Ministry, and the Director of the Sub-department under the Department.

2. Present the assignment task document and the Inspector's or Specialized Inspector's identification card when conducting the inspection.

3. Require the inspected entity to present business licenses, business registration certificates, professional practice certificates, and provide information, documents, and explanations related to the inspection content.

4. Record violations of inspected entities in a report.

5. Impose administrative penalties according to the law; in cases exceeding authority, report to the person assigning the inspection task for consideration and handling.

6. Record the working session with the inspected entity upon completion of the inspection.

7. Report to the person assigning the inspection task about the performance of the task; be responsible before the Chief Inspector of the Ministry, the Chief Inspector of the Department, the Director of the General Department, the Director of the Department under the Ministry, and the Director of the Sub-department under the Department and before the law for their actions and decisions.

Article 32. Reporting Results of Performing Independent Specialized Inspection Tasks

Upon completion of the inspection, Inspectors and Specialized Inspectors must submit a written report to the person assigning the inspection task regarding the results of the task. The report must clearly state the content, results of the inspection, administrative penalty measures within their authority, recommended handling measures (if any), and retain the inspection file.

Chapter IV

REINSPECTION IN SPECIALIZED INSPECTION ACTIVITIES

Article 33. Authority to Decide on Reinspection

1. When assigned by the Minister, the Chief Inspector of the Ministry decides to reinspect matters concluded by the Director of the General Department or the Director of the Department under the Ministry.

2. When assigned by the Department Director, the Chief Inspector of the Department decides to reinspect matters concluded by the Director of the Sub-department under the Department.

Article 34. Grounds for re-inspection

A re-inspection shall be carried out when there is one of the grounds specified in Article 48 of Decree No. 86/2011/NĐ-CP dated September 22, 2011, of the Government detailing and guiding the implementation of certain provisions of the Inspection Law.

Article 35. Decision on Re-inspection

1. The decision on re-inspection includes the contents prescribed in Clause 1 of Article 52 of the Inspection Law.

2. Within the latest three working days from the date of signing the re-inspection decision, the Head of the Ministry's Inspectorate and the Head of the Provincial Inspectorate must send the decision to the person who signed the inspection conclusion and the inspected entity.

3. The decision on re-inspection must be announced at the latest fifteen days from the date of signing. The announcement of the re-inspection decision must be recorded in a record.

Article 36. Time Limit and Duration of Re-inspection

1. The time limit for re-inspection is one year from the date of signing the inspection conclusion.

2. The duration of re-inspection shall be implemented according to the provisions of Article 16 of this Decree.

Article 37. Duties and Powers of the Decision Maker for Inspection, Head of Inspection Team, and Members of the Inspection Team

When conducting a re-inspection, the decision maker for inspection, the head of the inspection team, and members of the inspection team shall perform duties and powers as prescribed in Articles 53, 54, and 55 of the Inspection Law.

Article 38. Report on the Results of Re-inspection, Conclusion of Re-inspection, Publicizing the Conclusion of Re-inspection.

1. The report on the results of re-inspection shall be conducted according to the provisions of Article 25 of this Decree. The report on the results of re-inspection must clearly identify the nature, level of violation, causes, responsibility of the person who conducted the inspection, and the inspection conclusion.

2. The conclusion of re-inspection shall be conducted according to the provisions of Article 27 of this Decree. The conclusion of re-inspection must clearly identify the nature, level of violation, causes, responsibility of the person who conducted the inspection, and the inspection conclusion, and propose measures for handling.

3. Within fifteen days from the date of signing the re-inspection conclusion, the Head of the Ministry's Inspectorate sends the re-inspection conclusion to the Minister and the State Inspector General, and the Head of the Provincial Inspectorate sends the re-inspection conclusion to the Director of the Department and the Provincial Inspector.

Chapter V

RESPONSIBILITIES OF HEADS OF STATE ADMINISTRATIVE ORGANIZATIONS AND STATE INSPECTION ORGANIZATIONS,

AGENCY ASSIGNED TO PERFORM SPECIALIZED INSPECTION FUNCTIONS

Article 39. Responsibilities for Building and Approving Specialized Inspection Plans

1. By the latest November 1 each year, Departments under Ministries base on the guidance of the Ministry's Inspectorate and their management requirements have the responsibility to submit inspection plans to the Ministry's Inspectorate for consolidation and reporting to the Minister and the Head of the equivalent agency. Based on the orientation of the inspection program, the guidance of the Chief State Inspector General, the management requirements of the ministry, and the inspection plans of Departments under Ministries, the Ministry's Inspectorate has the responsibility to submit the inspection plan to the Minister and the Head of the equivalent agency for approval by the latest November 15 each year.

The Minister and the Head of the equivalent agency have the responsibility to review and approve the inspection plan by the latest November 25 each year.

2. By the latest November 20 each year, District-level Agencies base on the guidance of the Provincial Inspectorate and their management requirements have the responsibility to submit inspection plans to the Provincial Inspectorate for consolidation and reporting to the Department Director. Based on the orientation of the inspection program, the management requirements of the province, and the inspection plans of District-level Agencies, the Provincial Inspectorate has the responsibility to submit the inspection plan to the Department Director for approval by the latest December 5 each year.

The Department Director has the responsibility to review and approve the inspection plan by the latest December 15 each year.

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

Article 40. Responsibility for guiding specialized inspection business

1. The Ministry Inspectorate shall be responsible for guiding the General Department, Departments under the Ministry, and Provincial Inspectorates on specialized inspection business.

2. The Provincial Inspectorate shall be responsible for guiding the District Offices under the Province on specialized inspection business.

Article 41. Responsibility for handling overlapping activities in specialized inspections

1. The Chief Inspector of the Ministry shall be responsible for handling overlapping activities regarding the scope, objects, contents, and timeframes of inspections between the General Department, Departments under the Ministry; in cases where there is no consensus, report to the Minister for consideration and decision.

2. The Chief Inspector of the Province shall be responsible for handling overlapping activities regarding the scope, objects, contents, and timeframes of inspections between the District Offices under the Province; in cases where there is no consensus, report to the Provincial Director for consideration and decision.

Article 42. Reporting System on Inspection Work

1. On a quarterly, semi-annual, and annual basis, the General Department, Departments under the Ministry shall report to the Ministry Inspectorate; District Offices under the Province shall report to the Provincial Inspectorate on inspection work.

2. On a semi-annual and annual basis, the Ministry Inspectorate, Provincial Inspectorate shall report to the Minister, Provincial Director on inspection work.

3. Ad hoc reports on inspection work shall be carried out when required.

Chapter VI

IMPLEMENTING PROVISIONS

Article 43. Application of International Treaties

Specialized inspection activities shall be conducted in accordance with the provisions of the Inspection Law, this Decree, and other documents governing specialized inspections. In cases where international treaties to which the Socialist Republic of Vietnam is a party have different provisions regarding the organization and operation of specialized inspections, such treaty provisions shall apply.

Article 44. Effective date of implementation

This Decree takes effect from April 5, 2012.

All previous regulations contrary to this Decree are hereby abolished.

Article 45. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial-level People's Committees, Heads of agencies assigned to perform specialized inspection functions, Heads of organizations, and individuals concerned are responsible for implementing this Decree./.