Circular No. 07/2021/TT-TTCP stipulates the authority and content of inspecting the responsibility for implementing laws on inspection, receiving citizens' visits, complaints, denunciations, and preventing and combating corruption.

CIRCULAR

PROVISIONS ON AUTHORITY AND CONTENT OF INSPECTION FOR RESPONSIBILITY IN IMPLEMENTING LAWS ON INSPECTION, RECEIVING CITIZENS' PETITIONS, COMPLAINTS, REPORTS, AND PREVENTION AND COMBATING CORRUPTION

Based on the Inspection Law dated November 15, 2010;

Pursuant to the Law on Petition dated November 11, 2011;

Pursuant to the Law on Receiving Citizens dated November 25, 2013;

Pursuant to the Law on Complaints dated June 12, 2018;

Pursuant to the Law on Prevention and Control of Corruption dated November 20, 2018;

Pursuant to 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;

Pursuant to Decree No. 07/2012/NĐ-CP dated February 9, 2012 of the Government on agencies assigned to perform specialized inspection functions and specialized inspection activities;

BASED ON DECREE NO. 64/2014/ND-CP DATED JUNE 26, 2014 OF THE GOVERNMENT PROVIDING GUIDELINES FOR IMPLEMENTATION OF CERTAIN PROVISIONS OF THE CITIZEN GREETING LAW;

Pursuant to Decree No. 31/2019/NĐ-CP dated April 10, 2019 of the Government detailing certain provisions and measures for the implementation of the Law on Denunciation;

Pursuant to Decree No. 59/2019/NĐ-CP dated July 1, 2019 of the Government detailing certain provisions and measures for implementing the Law on Anti-Corruption;

Pursuant to Decree No. 124/2020/NĐ-CP dated October 19, 2020 of the Government detailing certain provisions and measures for the implementation of the Law on Complaints;

Pursuant to Decree No. 50/2018/NĐ-CP dated April 9, 2018 of the Government stipulating the functions, tasks, powers, and organizational structure of the Government Inspectorate;

At the proposal of the Director of the Legal Department;

The General Inspector of the Government issues this Circular stipulating the authority and content of inspection for responsibility in implementing laws on inspection, receiving citizens' petitions, complaints, reports, and prevention and combating corruption.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular stipulates the authority and content of inspection for responsibility in implementing laws on inspection, receiving citizens' petitions, complaints, reports, and prevention and combating corruption for agencies, organizations, units, individuals, and heads of agencies, organizations, and units under the administrative management of state authorities at all levels.

2. The procedures and formalities for conducting inspections for responsibility in implementing laws on inspection, receiving citizens' petitions, complaints, reports, and prevention and combating corruption shall be implemented in accordance with the Law on Inspection, Section 1, Chapter III of Decree No. 86/2011/NĐ-CP dated September 22, 2011 of the Government detailing and guiding the implementation of certain provisions of the Law on Inspection, Circular No. 06/2021/TT-TTCP dated October 1, 2021 of the General Inspectorate of the Government on the organization and operation of inspection teams and the procedures and formalities for conducting an inspection, and other relevant regulations on inspection.

Article 2. Applicability

1. Heads of administrative state agencies, heads of state inspection agencies, leaders of inspection teams, and members of inspection teams when inspecting responsibility for the implementation of laws on inspection, receiving citizens' petitions, complaints, reports, and prevention and combating corruption.

Clause 2. Heads of agencies, organizations, units, and individuals responsible for implementing laws on inspection, receiving citizens, complaints, denunciations, and preventing corruption.

3. Heads of agencies, organizations, units, and other related individuals.

Article 3. Responsibilities of Heads of Administrative State Agencies

Within their respective duties and powers, heads of administrative state agencies are responsible for organizing, directing, guiding, supervising, urging the implementation of inspections for responsibility in implementing laws on inspection, receiving citizens' petitions, complaints, reports, and prevention and combating corruption; resolving difficulties and obstacles, promptly addressing recommendations from inspection agencies and inspection teams; concluding inspections and directing, organizing the implementation of inspection conclusions in accordance with the law.

Article 4. Responsibilities of Inspected Entities and Related Agencies, Organizations, Units, and Individuals

1. Agencies, organizations, and individuals that are inspected entities are responsible for reporting, explaining, providing complete and timely information and documents related to the inspection content; implementing requests, conclusions, recommendations, and decisions on handling inspections made by authorized persons.

2. Agencies, organizations, units, and individuals related to the inspection content are responsible for providing complete and timely information and documents according to the requirements of the authorized person conducting the inspection.

Chapter II

INSPECTION AUTHORITY FOR RESPONSIBILITY

Article 5. Authority of the General Inspectorate of the Government for Inspections for Responsibility

1. The General Inspectorate of the Government inspects responsibility for implementing laws on inspection, receiving citizens' petitions, resolving complaints, reports, and prevention and combating corruption against ministries, ministerial-level agencies, agencies under the Government (hereinafter referred to collectively as ministries), provincial People's Committees, municipal People's Committees directly under the central government (hereinafter referred to collectively as provincial People's Committees); state-owned enterprises established by the Prime Minister's decision; asset control and income agencies under administrative state agencies.

2. During the process of conducting inspections for responsibility, the General Inspectorate of the Government examines and evaluates the implementation of laws on inspection, receiving citizens' petitions, resolving complaints, reports, and prevention and combating corruption against ministries, provincial People's Committees, state-owned enterprises established by the Prime Minister's decision, and related agencies, organizations, units, and individuals including:

a) Offices of ministries, general departments, departments, bureaus, units directly under ministries, state-owned enterprises established by the Minister's decision, and other agencies, organizations, units, and individuals under the management of the ministry;

b) Offices of provincial People's Committees, specialized agencies of provincial People's Committees (hereinafter referred to collectively as departments), People's Committees of districts, counties, towns, cities under provinces (hereinafter referred to collectively as district People's Committees), state-owned enterprises established by the Chairman of the provincial People's Committee's decision, and other agencies, organizations, units, and individuals under the management of the provincial People's Committee;

c) Offices, business divisions of state-owned enterprises established by the Prime Minister's decision, and other organizations, units, and individuals under the management of such enterprises.

3. The inspection for responsibility in implementing laws on prevention and combating corruption against businesses and organizations in the non-state sector shall be carried out in accordance with Clause 4, Article 59 of Decree No. 59/2019/NĐ-CP dated July 1, 2019 of the Government detailing certain provisions and measures to implement the Law on Prevention and Combating Corruption (hereinafter referred to as Decree No. 59/2019/NĐ-CP).

Article 6. Inspection Authority for Responsibility of the Ministry Inspectorate

1. The Ministry Inspectorate shall inspect the responsibility for implementing laws on inspection, receiving citizens, handling complaints and denunciations, and preventing and combating corruption against agencies, organizations, units, and individuals under the management authority of the ministry; state-owned enterprises established by the Minister's decision.

2. The inspection of the responsibility for implementing laws on preventing and combating corruption against businesses and organizations in the non-state sector shall be carried out in accordance with the provisions of Clause 1 and Clause 2 of Article 59 of Decree No. 59/2019/NĐ-CP.

Article 7. Inspection Authority for Responsibility of the Provincial Inspectorate

1. The provincial inspectorate (hereinafter referred to as the Provincial Inspectorate) shall inspect the responsibility for implementing laws on inspection, receiving citizens, handling complaints and denunciations, and preventing and combating corruption against departments at the provincial level; People's Committees at the district level; public service units; state-owned enterprises; other units established by the Chairman of the People's Committee at the provincial level.

2. During the process of conducting inspections, the Provincial Inspectorate shall examine and assess the implementation of laws on inspection, receiving citizens, complaints and denunciations, and preventing and combating corruption against agencies, organizations, units, and individuals under the management authority of departments at the provincial level, People's Committees at the district level, and state-owned enterprises established by the Chairman of the People's Committee at the provincial level, and agencies, organizations, units, and individuals under the management authority of the People's Committee at the district level, as follows:

a) Offices, departments, specialized units directly under departments at the provincial level, and other agencies, organizations, units, and individuals under the management authority of the provincial level;

b) Office of the People's Committee at the district level, specialized departments directly under the People's Committee at the district level, People's Committees at the commune level, and other agencies, organizations, units, and individuals under the management authority of the People's Committee at the district level;

c) Offices, specialized departments, units of state-owned enterprises established by the Chairman of the People's Committee at the provincial level, and other organizations, units, and individuals under the management authority of such enterprises.

3. The inspection of the responsibility for implementing laws on preventing and combating corruption against businesses and organizations in the non-state sector shall be carried out in accordance with the provisions of Clause 3 of Article 59 of Decree No. 59/2019/NĐ-CP.

Article 8. Inspection Authority for Responsibility of the Department Inspectorate

1. The Department Inspectorate shall inspect the responsibility for implementing laws on inspection, receiving citizens, handling complaints and denunciations, and preventing and combating corruption against agencies, organizations, units, and individuals under the direct management authority of the department.

2. During the process of conducting inspections against the objects specified in Clause 1 of this Article, the Department Inspectorate shall examine and assess the implementation of laws on inspection, receiving citizens, handling complaints and denunciations, and preventing and combating corruption against agencies, organizations, units, and individuals under the management authority of units under the department, directly under the department.

Article 9. Inspection Authority for Responsibility of the District Inspectorate

1. The District Inspectorate shall inspect the responsibility for implementing laws on receiving citizens, handling complaints and denunciations, and preventing and combating corruption against specialized departments under the People's Committee at the district level, People's Committees at the commune level, public service units, and other units established by the Chairman of the People's Committee at the district level.

2. During the process of conducting inspections against the objects specified in Clause 1 of this Article, the District Inspectorate shall examine and assess the implementation of laws on receiving citizens, handling complaints and denunciations, and preventing and combating corruption against agencies, organizations, units, and individuals under the management authority of specialized departments under the People's Committee at the district level, People's Committees at the commune level, public service units, and other units established by the Chairman of the People's Committee at the district level.

Article 10. Competence to review and verify against other agencies, organizations, units, and individuals

1. During the process of inspecting the responsibility for implementing laws on inspection, receiving citizens, handling complaints and denunciations, and preventing and combating corruption, based on the requirements of the inspection, in addition to the agencies, organizations, and individuals that are the subjects of inspection, the Inspection Team has the right to review and verify against other relevant agencies, organizations, units, and individuals to clarify the contents that need to be inspected.

2. Agencies, organizations, units, and individuals related to the content of the inspection have the responsibility to work, provide information, and documents according to the requirements of the Inspection Team in accordance with the law.

Chapter III

CONTENT OF RESPONSIBILITY INSPECTION

Article 11. Contents of inspecting the responsibility for implementing laws on inspection

1. The organization of building inspection plans, approving inspection plans, and implementing inspection plans.

2. The implementation of responsibilities of Heads of state management agencies, Heads of state inspection agencies, and Heads of agencies assigned to perform specialized inspection functions in organizing and implementing the Law on Inspection.

3. The appointment of inspector ranks.

4. The exercise of authority to issue inspection decisions; procedures and formalities for conducting an inspection, concluding inspections, publicizing inspection conclusions, and handling violations related to inspections.

5. The performance of tasks and powers of the Head of the Inspection Team, members of the Inspection Team, and the decision-maker during the inspection process.

6. Supervision and inspection of the activities of the Inspection Team.

7. Issuing decisions and organizing the implementation of post-inspection handling decisions for agencies, organizations, and individuals who violate the law; applying measures to rectify weaknesses, improve mechanisms, policies, and laws.

8. Implementation of reporting systems.

9. Management, exploitation, use, and storage of inspection files and other contents as prescribed by laws on inspection.

Article 12. Contents of inspecting the responsibility for implementing laws on receiving citizens

1. Implementation of provisions of the law on citizen reception offices, citizen reception locations, and citizen reception organizations.

2. Citizen reception by heads of agencies, organizations, and units.

3. Handling complaints, denunciations, suggestions, and reflections according to the law.

4. Monitoring, summarizing, and reporting on the situation of citizen reception and handling of complaints, denunciations, suggestions, and reflections.

Article 13. Contents of inspecting the responsibility for implementing laws on complaints

1. Acceptance and resolution of complaints.

2. Implementation of regulations on the time limit for resolving complaints.

3. Organization of dialogue sessions.

4. Implementation of regulations on the authority, procedures, and formalities for resolving complaints, issuing decisions to resolve complaints.

5. Publicizing decisions to resolve complaints.

6. Enforcement of legally binding decisions to resolve complaints.

7. Handling mass, complex, long-standing, and protracted complaint cases.

8. Monitoring, summarizing, and reporting on the situation of complaints and results of their resolution.

Article 14. Contents of inspecting the responsibility for denunciations

1. Receiving and initial processing of denunciation information.

2. Acceptance of denunciations.

3. Implementation of regulations on the authority to resolve denunciations, verification of denunciation contents, and time limits for resolving denunciations.

4. Receiving and processing information containing denunciation content.

5. Issuing conclusions on denunciation contents and handling such conclusions.

6. Protection of denouncers.

7. Publicizing conclusions on denunciation contents and decisions to handle denounced violations.

8. Monitoring, summarizing, and reporting on the situation of denunciations and results of their resolution.

Article 15. Contents of inspection on responsibility for implementing laws on preventing and combating corruption

1. Measures to prevent corruption shall focus on the following contents:

a) The development of programs and plans for anti-corruption work as prescribed;

b) Propaganda, dissemination, and education on preventing and combating corruption;

c) Implementation of measures related to transparency regarding the organization and activities of agencies, organizations, units; establishment and implementation of standards, norms, and systems; implementation of conduct rules for persons in positions of authority; rotation of positions for persons in positions of authority; administrative reform, application of science and technology in management, cashless transactions;

d) Handling and resolution of reports, complaints, and reports on acts of corruption;

đ) Implementation of conclusions from inspections, audits, audit reports, decisions on handling, and compliance with directives from superiors on anti-corruption work;

2. Implementation of regulations on asset and income declaration, including the following contents:

a) Organization of asset and income declarations; publicizing asset and income declarations;

b) Management and updating of asset and income declarations and information on asset and income control; monitoring changes in assets and incomes of persons required to declare;

c) Verification of assets and incomes and publicizing conclusions of asset and income verification;

d) Protection, storage, exploitation, and provision of information on asset and income control;

đ) Handling of persons who violate their duty of honesty in declaring assets and incomes, explaining the source of additional assets and incomes; violation of deadlines for declaring assets and incomes and other regulations on asset and income control;

e) Establishment and management of databases on asset and income control.

3. Handling of corruption, including the following contents:

a) Handling of persons involved in acts of corruption;

b) Recovery of corrupt assets;

c) Handling of other violations of laws on preventing and combating corruption.

4. Implementation of information and reporting systems on anti-corruption work.

Chapter IV

IMPLEMENTING PROVISIONS

Article 16. Effective Date

1. This Circular takes effect from November 15, 2021.

2. The following documents shall cease to be effective from the date this Circular takes legal effect:

a) Circular No. 02/2012/TT-TTCP dated July 13, 2012, of the Government Inspectorate detailing and guiding the authority and contents of inspections on responsibility for implementing laws on preventing and combating corruption;

b) Circular No. 04/2013/TT-TTCP dated July 29, 2013, of the Government Inspectorate detailing the authority and contents of inspections on responsibility for implementing laws on complaints;

c) Circular No. 05/2013/TT-TTCP dated July 29, 2013, of the Government Inspectorate detailing the authority and contents of inspections on responsibility for implementing laws on denunciations;

d) Circular No. 08/2014/TT-TTCP dated November 24, 2014, of the Government Inspectorate detailing the authority and contents of inspections on responsibility for implementing laws on inspections.

3. During implementation, if there are difficulties, obstacles, or new issues arise, agencies, organizations, and units shall promptly report to the Government Inspectorate for study, amendment, and supplementation./.