Circular No. 07/2024/TT-TTCP on the authority and content of inspecting the responsibility for implementing laws on inspection, receiving citizens' visits, complaints, denunciations, and preventing and combating corruption.

CIRCULAR

Regulations on the authority and content of inspections for responsibility in implementing laws on inspection, receiving citizens, complaints, and denunciations and preventing corruption and preventing corruption

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 the Inspection Law on November 14, 2022;

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 the implementation of the Law on Prevention and Combating Corruption; Decree No. 134/2021/NĐ-CP dated December 30, 2021 amending and supplementing certain articles of Decree No. 59/2019/NĐ-CP dated July 1, 2019 of the Government detailing certain provisions and measures for the implementation of the Law on Prevention and Combating 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. 43/2023/NĐ-CP dated June 30, 2023 of the Government detailing certain provisions and measures for the implementation of certain articles of the Inspection Law;

Pursuant to Decree No. 81/2023/NĐ-CP dated November 27, 2023 of the Government stipulating the functions, tasks, powers, and organizational structure of the Government Inspectorate;

Pursuant to Decree No. 03/2024/NĐ-CP dated January 11, 2024 of the Government stipulating the agencies performing specialized inspection functions and activities of agencies assigned to perform specialized inspection functions;

At the proposal of the Director of the Legal Department;

The General Inspectorate of the Government issues this Circular stipulating the authority and content of inspections for responsibility in implementing laws on inspection, receiving citizens, complaints, denunciations, and preventing corruption.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 1. This Circular stipulates the authority and content of inspections for responsibility in implementing laws on inspection, receiving citizens, complaints, denunciations, and preventing corruption for agencies, organizations, units, individuals, and heads of agencies, organizations, and units under the administrative management of state administrative bodies at all levels.

Article 2. The procedures and formalities for conducting inspections for responsibility in implementing laws on inspection, receiving citizens, complaints, denunciations, and preventing corruption shall be carried out in accordance with the provisions of the Inspection Law and guiding documents.

Article 2. Applicability

Clause 1. Heads of state management agencies, heads of inspection agencies, leaders of inspection teams, and members of inspection teams when inspecting responsibility in implementing laws on inspection, receiving citizens, complaints, denunciations, and preventing corruption.

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

Clause 3. Other related agencies, organizations, units, and individuals.

Chapter II

INSPECTION AUTHORITY FOR RESPONSIBILITY

Article 3. Inspection Authority for Responsibility of the Government Inspectorate

Clause 1. The Government Inspectorate inspects responsibility in implementing laws on inspection, receiving citizens, complaints, denunciations, and preventing corruption for ministries, ministerial-level agencies (hereinafter referred to collectively as Ministries), agencies under the Government, provincial People's Committees, and municipal People's Committees directly under the central government (hereinafter referred to collectively as Provincial People's Committees).

Clause 2. Inspections for responsibility in implementing laws on preventing and combating corruption for enterprises and organizations in the non-state sector shall be conducted 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 for the implementation of the Law on Prevention and Combating Corruption and Decree No. 134/2021/NĐ-CP dated December 30, 2021 of the Government amending and supplementing certain articles of Decree No. 59/2019/NĐ-CP dated July 1, 2019 of the Government detailing certain provisions and measures for the implementation of the Law on Prevention and Combating Corruption.

Article 4. Inspection Authority for Responsibility of the Ministry's Inspectorate

1. The Ministry's Inspectorate shall inspect the responsibility for implementing laws on inspection, receiving citizens, complaints, denunciations, and anti-corruption for agencies, organizations, units, and individuals under the Ministry’s management.

2. The inspection of responsibility for implementing laws on anti-corruption for enterprises 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 and Decree No. 134/2021/NĐ-CP.

Article 5. Inspection Authority for Responsibility of the Provincial Inspectorate

1. The provincial inspectorate (hereinafter referred to collectively as the provincial inspectorate) shall inspect the responsibility for implementing laws on inspection, receiving citizens, complaints, denunciations, and anti-corruption for specialized agencies under the provincial People's Committee; district-level People's Committees; public service units, and other units under the provincial People's Committee.

2. The inspection of responsibility for implementing laws on anti-corruption for enterprises 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 and Decree No. 134/2021/NĐ-CP.

Article 6. Inspection Authority for Responsibility of the Departmental Inspectorate

The departmental inspectorate shall inspect the responsibility for implementing laws on receiving citizens, complaints, denunciations, and anti-corruption for agencies, organizations, units, and individuals under the direct management of the department.

Article 7. Inspection Authority for Responsibility of the District Inspectorate

The district inspectorate shall inspect the responsibility for implementing laws on receiving citizens, complaints, denunciations, and anti-corruption for specialized departments under the district People's Committee, commune-level People's Committees, public service units, and other units under the district People's Committee.

Article 8. Inspection Authority to Examine and Verify Other Agencies, Organizations, Units, and Individuals

1. During the process of inspecting the responsibility for implementing laws on inspection, receiving citizens, complaints, denunciations, and anti-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 examine and verify 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, report, explain, provide information, and documents according to the requirements of the inspection team in accordance with the law.

Chapter III

CONTENT OF RESPONSIBILITY INSPECTION

Article 9. Content of Responsibility Inspection for Implementing Laws on Inspection

1. State Management Content on Inspection

a) Advisory work, construction, issuance, and guidance on implementation of regulations on organization and operation of inspection within the authority (if applicable);

b) Implementation of the responsibilities of the head of the state management agency, the head of the agency performing inspection functions as prescribed by the Inspection Law;

c) Implementation of reporting systems;

d) Establishment, management, utilization, and storage of inspection files and other contents as prescribed by laws on inspection.

2. Inspection Activities

a) Work on organizing the development of inspection plans, issuing inspection plans, and implementing inspection plans;

b) Implementation of tasks and powers of the decision-making authority for inspection, the head of the inspection team, and other members of the inspection team during the inspection process;

c) Exercise of authority to issue inspection decisions; construction and approval of inspection plan implementation schedules; compliance with inspection deadlines; procedures and processes for conducting inspections; reporting inspection results; concluding inspections, making inspection conclusions public; handling violations related to inspections; supervising, urging, and checking the implementation of inspection conclusions, recommendations, and decisions on handling inspections;

d) Supervision of inspection team activities, review of draft inspection conclusions;

đ) Implementation of the responsibilities of the head of the state management agency at the same level in issuing organizational documents to implement inspection conclusions and directing the implementation of inspection conclusions; handling or requesting, recommending the competent state agency to handle economic violations; handling or requesting, recommending the competent state agency to handle civil servants, public officials, and employees who violate the law; applying or requesting, recommending the competent state agency to apply measures to rectify and improve mechanisms, policies, and laws.

Article 10. Contents of inspection on responsibility for implementing laws on receiving citizens

1. Contents of state management on receiving citizens

a) Advisory work, construction, issuance, and guidance on implementation of regulations on receiving citizens (if applicable);

b) Monitoring, compiling, reporting on the situation of receiving citizens and handling complaints, denunciations, petitions, and reflections;

c) Implementation of standards, systems, and policies for citizen reception staff.

2. Activities organizing citizen reception work

a) Fulfilling leadership, direction, and organization responsibilities for citizen reception work; implementing legal provisions on citizen reception at the Citizen Reception Office and other reception locations including: issuing internal rules and regulations for citizen reception; arranging offices and locations for citizen reception; maintaining records of citizen reception activities by heads of agencies, organizations, and units; conducting regular citizen reception activities; publicly announcing schedules for citizen reception by heads of agencies, organizations, and units; issuing announcements on conclusions of citizen reception by heads of agencies, organizations, and units (if applicable);

b) Regular and ad hoc citizen receptions conducted by heads of agencies, organizations, and units;

c) Handling complaints, denunciations, petitions, and reflections according to legal provisions.

Article 11. Contents of inspection on responsibility for implementing laws on complaints

1. Contents of state management on complaint resolution work

a) Advisory work, construction, issuance, and guidance on implementation of regulations on complaints within jurisdiction (if applicable);

b) Monitoring, compiling, reporting on the situation of complaints and results of complaint resolution;

c) Establishing, managing, utilizing, and storing case files for complaint resolution.

2. Complaint resolution activities

a) Accepting and resolving complaints;

b) Adhering to time limits for complaint resolution;

c) Organizing dialogues;

d) Implementing regulations on authority, procedures, and processes for complaint resolution, issuing decisions on complaint resolution;

đ) Publicizing decisions on complaint resolution;

e) Enforcing decisions on complaint resolution with legal effect; handling violations of laws on complaints (if applicable);

g) Handling mass complaints, complex, pending, and prolonged cases (if applicable).

Article 12. Contents of inspection on responsibility for implementing laws on denunciations

1. Contents of state management on denunciation resolution work

a) Advisory work, construction, issuance, and guidance on implementation of regulations on denunciations within jurisdiction (if applicable);

b) Monitoring, compiling, reporting on the situation of denunciations and results of denunciation resolution;

c) Establishing, managing, utilizing, and storing case files for denunciation resolution.

2. Denunciation resolution activities

a) Receiving and initially processing denunciation information;

b) Adhering to regulations on denunciation resolution authority;

c) Accepting denunciations, implementing verification procedures and time limits for denunciation resolution;

d) Receiving and processing information containing denunciation content;

đ) Issuing conclusions on denunciation content and handling denunciation conclusions by denunciation resolvers;

e) Protecting denouncers;

g) Publicizing conclusions on denunciation content and decisions on handling denounced violations.

Article 13. Contents of inspection on responsibility for implementing laws on preventing and combating corruption

1. Contents of state management on anti-corruption work

a) Work on drafting legal documents, programs, and plans for anti-corruption activities;

b) Propaganda, dissemination, and education on anti-corruption laws;

c) Implementing information and reporting systems for anti-corruption work.

2. Implementing preventive anti-corruption regulations

a) Transparency regarding organizational structure and activities of agencies, organizations, and units;

b) Establishing and implementing norms, standards, and systems;

c) Implementing conduct codes for officials and persons in charge;

d) Rotating positions of officials and persons in charge;

đ) Implementing administrative reform, applying science and technology in management, and cashless transactions.

3. Implementing regulations on asset and income control

a) Organizing asset and income declarations; publicizing asset and income declaration forms;

b) Managing, updating asset and income declaration forms and information on asset and income control; monitoring changes in assets and incomes of declarants;

c) Verifying assets and incomes and publicizing conclusions on asset and income verification;

d) Protecting, storing, utilizing, and providing information on asset and income control;

đ) Handling individuals who violate their duty of truthfulness in declaring assets and incomes, explaining the sources of additional assets and incomes; violating deadlines for declaring assets and incomes and other regulations on asset and income control;

e) Building and managing a national database on asset and income control.

4. Detecting corruption

a) Detecting corruption through inspection and self-inspection activities;

b) Detecting corruption through handling reports, denunciations, and reports on corrupt behavior;

c) Detecting corruption through inspection activities.

5. Handling corruption

a) Handling individuals with corrupt behavior;

b) Recovering corrupt assets;

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

6. Handling responsibility of heads of agencies, organizations, and units in preventing and combating corruption.

7. Implementing inspection conclusions, audit reports, decisions on handling, and compliance with higher-level directives on anti-corruption work.

Chapter IV

IMPLEMENTING PROVISIONS

Article 14. Effective Date

1. This Circular takes effect from August 15, 2024.

2. Circular No. 07/2021/TT-TTCP dated October 1, 2021 of the Government Inspectorate on the authority and contents of inspections on responsibility for implementing laws on inspections, citizen reception, complaints, denunciations, and preventing and combating corruption shall cease to be effective from the date this Circular takes legal effect.

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