Circular No. 08/2014/TT-TTCP on the authority and content of inspecting the responsibility for implementing laws on inspection

CIRCULAR

Provisions on inspection authority and content

responsibility for implementing laws on inspection

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BASED ON THE INSPECTION LAW NO. 56/2010/QH12 OF NOVEMBER 15, 2010;

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/ND-CP dated February 9, 2012 of the Government stipulating the agencies entrusted with the function of specialized inspection and specialized inspection activities;

Based on Decree No. 83/2012/NĐ-CP dated October 9, 2012, of the Government stipulating the functions, tasks, powers, and organizational structure of the Government Inspectorate;

Upon the proposal of the Head of the Legal Affairs Department and the Head of the Economic Sector Inspection Department,

The Government Inspectorate issues the Circular stipulating the inspection authority and content regarding the responsibility for implementing laws on inspection.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular stipulates the inspection authority and content regarding the responsibility for implementing laws on inspection for agencies, organizations, units, individuals, and heads of agencies, organizations, and units under the administrative management authority of state administrative agencies at all levels.

2. The procedures and formalities for conducting inspections on the responsibility for implementing laws on inspection shall be carried out in accordance with the provisions of the Inspection Law and 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 articles of the Inspection Law and other regulations of the law on inspection.

Article 2. Applicability

1. Heads of state administrative agencies, heads of state inspection agencies, Inspectors-in-Chief, and members of inspection teams when inspecting the responsibility for implementing laws on inspection.

2. Heads of agencies, organizations, units, and individuals within state administrative agencies have the responsibility to implement laws on inspection.

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

Article 3. Responsibilities of the head of a state administrative agency

Within the scope of their duties and powers, the head of a state administrative agency has the responsibility to organize, direct, guide, urge, and supervise the inspection of the responsibility for implementing laws on inspection; resolve difficulties and obstacles, promptly address recommendations from inspection agencies and inspection teams; conclude inspections and direct and organize 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, units, and individuals subject to inspection have the responsibility to report, explain, and provide complete and timely information and documents related to the inspection content; implement requests, conclusions, recommendations, and decisions on handling matters related to inspections made by authorized authorities.

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 Government Inspectorate

1. The Government Inspectorate inspects the responsibility for implementing laws on inspection for ministries, ministerial-level agencies (hereinafter referred to collectively as ministries), agencies under the Government, People's Committees of provinces and centrally governed cities (hereinafter referred to collectively as provincial-level People's Committees); public service units, state-owned enterprises, and other agencies, organizations, and units established by the Prime Minister's decision.

2. During the process of inspecting the objects specified in Clause 1 of this Article, the inspection team of the Government Inspectorate has the right to examine and evaluate the implementation of laws on inspection by agencies, organizations, units, and individuals under the management of ministries, agencies under the Government, provincial-level People's Committees, public service units, state-owned enterprises, and other agencies, organizations, and units established by the Prime Minister's decision; inspect the responsibility for implementing laws on inspection for cadres, civil servants, and public officials belonging to the inspected agencies, organizations, and units.

Article 6. Authority of the Ministry Inspectorate

1. The Ministry Inspectorate (hereinafter referred to collectively as the Ministry Inspectorate) inspects the responsibility for implementing laws on inspection for agencies, organizations, units, and individuals under the direct management of the ministry, public service units, state-owned enterprises, and other agencies, organizations, and units established by the Minister or the head of a ministerial-level agency's decision.

2. During the process of inspecting the objects specified in Clause 1 of this Article, the inspection team of the Ministry Inspectorate has the right to examine and evaluate the implementation of laws on inspection by agencies, organizations, units, and individuals under the management of units under the ministry, directly under the ministry, public service units, state-owned enterprises, and other units established by the Minister or the head of a ministerial-level agency's decision; inspect the responsibility for implementing laws on inspection for cadres, civil servants, and public officials belonging to the inspected agencies, organizations, and units.

Article 7. Competence of Provincial Inspectorate and Inspectorate under Central City

1. The Provincial Inspectorate (hereinafter referred to collectively as the Provincial Inspectorate) shall inspect the responsibility for implementing laws on inspection of specialized agencies under the provincial People's Committee (hereinafter referred to collectively as departments); district-level People's Committees, town-level People's Committees, provincial-level city People's Committees (hereinafter referred to collectively as district-level People's Committees), public service units, state-owned enterprises, other agencies, organizations, and units established by the decision of the Chairman of the provincial People's Committee.

2. During the process of conducting inspections against the objects specified in Clause 1 of this Article, the Inspection Team of the Provincial Inspectorate has the right to examine and evaluate the implementation of laws on inspection by agencies, organizations, units, and individuals under the management of departments, district-level People's Committees, public service units, state-owned enterprises, other agencies, organizations, and units established by the decision of the Chairman of the provincial People's Committee; inspect the responsibility for implementing laws on inspection by officials, civil servants, and employees of the inspected agencies, organizations, and units.

Article 8. Competence of Departmental Inspectorate

1. The Departmental Inspectorate shall inspect the responsibility for implementing laws on inspection of agencies, organizations, units, and individuals directly managed by the department.

2. During the process of conducting inspections against the objects specified in Clause 1 of this Article, the Inspection Team of the Departmental Inspectorate has the right to examine and evaluate the implementation of laws on inspection by agencies, organizations, units, and individuals under the management of units subordinate to the department, directly under the department; inspect the responsibility for implementing laws on inspection by officials, civil servants, and employees of the inspected agencies, organizations, and units.

Article 9. Competence of District Inspectorate

1. The District Inspectorate (hereinafter referred to collectively as the District Inspectorate) shall inspect the responsibility for implementing laws on inspection of specialized departments under the district-level People's Committee, village-level People's Committees, ward-level People's Committees, town-level People's Committees (hereinafter referred to collectively as village-level People's Committees), public service units, other units established by the decision of the Chairman of the district-level People's Committee.

2. During the process of conducting inspections against the objects specified in Clause 1 of this Article, the Inspection Team of the District Inspectorate has the right to examine and evaluate the implementation of laws on inspection by agencies, organizations, units, and individuals under the management of specialized departments under the district-level People's Committee, village-level People's Committees, public service units, other units established by the decision of the Chairman of the district-level People's Committee; inspect the responsibility for implementing laws on inspection by officials, civil servants, and employees of the inspected agencies, organizations, and units.

Chapter III

CONTENT OF RESPONSIBILITY INSPECTION

Section 1

CONTENT OF INSPECTION OF RESPONSIBILITY FOR IMPLEMENTING PROVISIONS

OF LAWS ON ORGANIZATION, DIRECTING INSPECTION ACTIVITIES,

HANDLING PETITIONS FOR INSPECTION, IMPLEMENTING INSPECTION CONCLUSIONS

APPOINTING INSPECTOR RANKS

Article 10. Inspection of Implementation of Provisions of Laws on Responsibility of Heads of State Management Agencies

1. Directing the development of inspection plans, approving inspection plans, organizing the implementation of inspection plans, handling petitions from inspection agencies.

2. Organizing the implementation of inspection conclusions: issuing decisions, organizing the handling of economic violations, administrative penalties, disciplinary actions against officials, civil servants, employees, agencies, organizations, and individuals who violate the law; applying measures to rectify weaknesses, improve mechanisms, policies, and laws.

Article 11. Inspection of the implementation of legal provisions regarding the responsibility of the heads of state inspection agencies and the heads of agencies assigned to perform specialized inspection functions.

1. The performance of tasks and powers of the inspection agency and the head of the inspection agency; the tasks and powers of the head of the agency assigned to perform specialized inspection functions in organizing and directing inspection activities.

2. Coordination with investigation agencies and the prosecution office in detecting and handling violations of law that have criminal indications.

3. Handling of overlapping issues concerning the scope, subjects, content, and time of inspections; coordination in resolving overlapping issues concerning the scope, subjects, content, and time of inspections.

a) The number of overlapping cases concerning the scope, subjects, content, and time of inspections that need to be resolved; the number of cases requiring coordination to resolve.

b) Results of handling overlapping issues concerning the scope, subjects, content, and time of inspections; results of coordinating to resolve overlapping issues concerning the scope, subjects, content, and time of inspections.

Article 12. Inspection of the implementation of legal provisions regarding the appointment of inspection ranks.

Filing of application forms; determination of conditions and professional standards; authority, procedures, and results of appointing individuals to inspection officer ranks.

Section 2

CONTENT OF INSPECTION OF THE IMPLEMENTATION OF RESPONSIBILITIES

LEGAL PROVISIONS ON INSPECTION ACTIVITIES

Article 13. Inspection of the implementation of legal provisions regarding the authority to issue inspection decisions.

1. Implementation of provisions on the authority, grounds for issuance, and content of administrative inspection and specialized inspection decisions.

2. Implementation of provisions on procedures and formalities for assigning tasks; content of assignments given to specialized inspection officers and civil servants assigned to perform specialized inspection tasks to conduct independent inspections.

Article 14. Inspection of the implementation of legal provisions regarding the announcement of inspection decisions and notification of the announcement of inspection decisions.

1. Regarding notification of the announcement of inspection decisions.

2. Regarding the time, location, participants, and form of announcement.

Article 15. Inspection of the implementation of legal provisions regarding the duration of inspections.

1. The number of inspections concluded within the prescribed timeframe.

2. The number of inspections concluded later than the prescribed timeframe; causes and responsibilities of related agencies, organizations, and individuals.

3. The number of inspections carried over from the previous year's plan to the next year's inspection plan; causes and responsibilities of related agencies, organizations, and individuals.

Article 16. Inspection of the implementation of legal provisions regarding the procedure for conducting an inspection.

1. Preparation for inspection: Gathering information and materials to support the issuance of inspection decisions; drafting and approving the inspection implementation plan; disseminating the inspection implementation plan; drafting the outline of requirements for the inspected entity to report.

2. Conducting the inspection: Collecting information and materials and managing relevant files; verifying information and materials; reporting progress on inspection tasks and recording the inspection team's logbook.

3. Concluding the inspection: Organizing the drafting of the inspection result report; implementing instructions from the decision maker; drafting the inspection conclusion; signing and issuing the inspection conclusion; preparing and transferring the inspection file.

Article 17. Inspection of the performance of duties and powers of the Head of the Inspection Team, members of the Inspection Team, and the decision-making inspector during the inspection process.

1. The organization, direction, and assignment of tasks to members of the Inspection Team; the implementation of the content of the inspection decision.

2. The performance of duties by members of the Inspection Team; the application of measures to exercise rights in inspection activities; reporting on the results of the performance of duties by members of the Inspection Team.

3. The application of measures to exercise rights in the inspection activities of the Head of the Inspection Team and the decision-making inspector; the direction, supervision, and monitoring of the Inspection Team.

Article 18. Inspection of the performance of legal provisions regarding the reporting of inspection results and inspection conclusions.

1. The construction of the inspection result report by the Inspection Team: form, content of the inspection result report; soliciting opinions from members of the Inspection Team participating in the construction of the inspection result report; time of issuance of the report; sending the inspection result report.

2. The construction of the inspection conclusion: form, content of the inspection conclusion; time of issuance of the inspection conclusion; sending the inspection conclusion.

Article 19. Inspection of the performance of legal provisions regarding the public disclosure of inspection conclusions.

1. Regarding the form of public disclosure: Selection of forms of public disclosure at meetings; announcement through mass media; posting on the electronic information website of the state inspection agency, specialized inspection agency, or the same-level administrative management agency; posting at the workplace of the inspected agency or organization; providing upon request of relevant agencies, organizations, or individuals.

2. Regarding the content of public disclosure and the subjects of public disclosure.

3. Regarding the time of public disclosure and the number of announcements on mass media.

Article 20. Inspection of the performance of legal provisions regarding the supervision and inspection of the Inspection Team's activities.

1. Regarding supervisory responsibility: Number of inspections supervised; results of supervision; handling of supervision results.

2. Regarding inspection responsibility: Number of cases inspected; results of inspection; handling of inspection results.

Section 3

CONTENT OF INSPECTION OF ADMINISTRATIVE RESPONSIBILITY

FOR INSPECTION WORK AND

HANDLING OF VIOLATIONS OF INSPECTION LAWS

Article 21. Inspection of the performance of legal provisions regarding the issuance of guiding documents for the implementation of laws on inspection.

1. Issuance within authority of legal documents on inspection, number of documents issued; legality, rationality, feasibility, and timeliness of the documents.

2. Organization and implementation of legal documents on inspection and their results.

Article 22. Inspection of the performance of legal provisions regarding the dissemination, popularization, and education on laws on inspection.

1. Construction of programs, plans, contents, and forms of dissemination, popularization, and education on laws on inspection.

2. Implementation and training on legal provisions on inspection for officials, civil servants, and employees under the scope of management.

3. Dissemination and popularization of legal provisions on inspection to citizens and organizations.

4. Quality and effectiveness of dissemination, popularization, and education on laws on inspection.

Article 23. Inspection of the implementation of legal provisions on inspection responsibility

1. The establishment and issuance of plans for inspecting the implementation of laws on inspection concerning agencies, organizations, units, and individuals under their management.

2. Conducting inspections of the implementation of laws on inspection concerning agencies, organizations, units, and individuals under their management.

3. The quality and effectiveness of inspections of the implementation of laws on inspection concerning agencies, organizations, units, and individuals under their management.

Article 24. Inspection of the implementation of legal provisions on information systems, reporting, management, and archiving of inspection files

1. The implementation of regular and special reports, thematic reports on inspection work, forms, contents, quality, quantity, timeframes for reporting, and other relevant matters.

2. Management, exploitation, utilization, and archiving of inspection files.

Article 25. Inspection of the implementation of legal provisions on rewards and handling of violations

1. Implementation of legal provisions to determine criteria, subjects, forms, procedures for rewarding individuals with outstanding achievements in inspection activities.

2. Handling of violations of legal provisions on inspection concerning agencies, organizations, and individuals authorized to conduct inspections, inspected entities, related agencies, organizations, and individuals, procedures, formalities, authorities, forms, deadlines, and outcomes of handling.

Chapter IV

IMPLEMENTING PROVISIONS

Article 26. Effective date

This Circular takes effect from December 15, 2014.

Article 27. Implementation Organization

1. Ministries, ministerial-level agencies, government-affiliated agencies, People's Committees at all levels, and related agencies shall be responsible for organizing the implementation of this Circular.

2. In the course of implementation, if there are difficulties, obstacles, or new issues arise, it is requested that related agencies, organizations, units, and individuals report to the Government Inspectorate for appropriate amendments and supplements./.