Decree No. 10/2006/NĐ-CP On the organization and operation of Ethnic Affairs Inspection

DECREE

Regarding the organization and operation of Ethnic Affairs Inspection

_________________________

THE GOVERNMENT

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

Based on the Law on Inspection dated June 15, 2004;

Based on the Ordinance on Administrative Violation Handling dated July 2, 2002;

Considering the proposal of the Minister, Chairman of the National Ethnic Minorities Committee,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Position and functions

1. Ethnic affairs inspection is a state inspection agency under the Committee for Ethnic Minorities (hereinafter referred to as the Ethnic Committee Inspection); at the provincial level, it belongs to the Ethnic Minority Board or the agency assisting the provincial People's Councils directly under the Central Government in managing ethnic affairs (hereinafter referred to as the Ethnic Board Inspection).

2. Ethnic affairs inspection performs the function of administrative inspection and specialized inspection within the scope of state management over ethnic affairs as prescribed by law.

Article 2. Objects and scope of inspection

1. Agencies, organizations, and individuals directly managed by the Committee for Ethnic Minorities and the Ethnic Minority Boards of provinces and centrally-administered cities.

2. Vietnamese and foreign agencies, organizations, and individuals engaged in activities within the scope of state management over ethnic affairs in Vietnam.

In cases where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions from this Decree, such treaties shall be applied.

Article 3. Principles of Operation

The activities of ethnic affairs inspection must comply with the law, ensuring accuracy, objectivity, truthfulness, transparency, democracy, timeliness, and not hindering the normal operations of inspected organizations and individuals.

When conducting inspections, the person issuing the inspection decision, the head of the inspection agency, the leader of the inspection team, the inspectors, and other members of the inspection team must follow the legal regulations on inspection and bear responsibility before the law for their decisions.

Article 4. Working Relationships

1. Ethnic affairs inspection agencies operate under the direct management and guidance of the heads of state management agencies over ethnic affairs at the same level, while also being subject to guidance on work, organization, and inspection procedures from authorized state inspection agencies as stipulated by the Law on Inspection.

2. Ethnic affairs inspection agencies coordinate with inspection agencies of Ministries, ministerial-level agencies, government agencies, and other state agencies during the inspection process concerning issues related to ethnic affairs to enhance the effectiveness of inspections and checks; prevent and stop violations of the law.

Article 5. Responsibilities of Heads of State Management Agencies in the Activities of Ethnic Affairs Inspection

1. The Minister, Head of the Committee for Ethnic Minorities is responsible for organizing and directing the activities of ethnic affairs inspection within the Committee for Ethnic Minorities' jurisdiction; improving the organizational structure of the Ethnic Committee Inspection; promptly addressing conclusions and recommendations of the Ethnic Committee Inspection as prescribed by law.

2. The Chairman of the Provincial People's Councils (hereinafter referred to as the Provincial People's Council) is responsible for organizing and improving the organizational structure and equipping working tools for the Ethnic Board Inspection.

3. The Director of the Ethnic Minority Board of provinces and centrally-administered cities is responsible for directing and ensuring conditions for the Ethnic Board Inspection's activities; promptly addressing conclusions and recommendations of the Ethnic Board Inspection as prescribed by law.

Chapter II

ORGANIZATION, TASKS, POWERS OF ETHNIC AFFAIRS INSPECTION

Article 6. Organization of Ethnic Minority Affairs Inspection

1. The organization of Ethnic Minority Affairs Inspection includes:

a) Ethnic Minority Affairs Inspection under the Committee for Ethnic Minorities;

b) Ethnic Minority Affairs Inspection under the Ethnic Minority Board at the provincial level.

For agencies with functions to assist the People's Committees at the provincial level in managing state administration in the field of ethnic minority affairs, Ethnic Minority Affairs Inspection shall be part of the organizational structure of the Inspections of such agencies.

2. The Ethnic Minority Affairs Inspection agencies specified in Clause 1 of this Article shall have their own seals.

Article 7. Ethnic Minority Affairs Inspection under the Committee

1. Ethnic Minority Affairs Inspection under the Committee is an agency of the Committee for Ethnic Minorities responsible for assisting the Minister, Chairman of the Committee for Ethnic Minorities in inspection work, performing administrative inspection and specialized inspection tasks within the scope of state management over ethnic minority affairs by the Committee for Ethnic Minorities.

2. Ethnic Minority Affairs Inspection under the Committee is directly guided by the Minister, Chairman of the Committee for Ethnic Minorities, while also being guided on work, organization, and inspection business by the Government Inspectorate in accordance with the law.

3. Ethnic Minority Affairs Inspection under the Committee has an Inspector-in-Chief, Deputy Inspectors-in-Chief, and Inspectors. The Inspector-in-Chief is appointed, relieved, or dismissed by the Minister, Chairman of the Committee for Ethnic Minorities after consultation with the Chief Inspector; Deputy Inspectors-in-Chief and Inspectors are appointed or relieved according to the provisions of the law.

4. The Minister, Chairman of the Committee for Ethnic Minorities decides on the establishment of functional departments and specifies the functions, tasks, organization, and staffing of Ethnic Minority Affairs Inspection under the Committee.

Article 8. Ethnic Minority Affairs Inspection under the Board

1. Ethnic Minority Affairs Inspection under the Board is an agency of the Provincial Ethnic Minority Board responsible for assisting the Director of the Provincial Ethnic Minority Board in performing administrative inspection and specialized inspection tasks within the scope of state management over ethnic minority affairs by the Provincial Ethnic Minority Board.

2. Ethnic Minority Affairs Inspection under the Board is directly guided by the Director of the Provincial Ethnic Minority Board, while also being guided and instructed on inspection work and administrative inspection business by the Provincial Inspectorate, and specialized inspection business by Ethnic Minority Affairs Inspection under the Committee.

3. Ethnic Minority Affairs Inspection under the Board has an Inspector-in-Chief, Deputy Inspectors-in-Chief, and Inspectors. The Inspector-in-Chief is appointed, relieved, or dismissed by the Director of the Provincial Ethnic Minority Board after consultation with the Chief Inspector of the Provincial Inspectorate; Deputy Inspectors-in-Chief and Inspectors are appointed or relieved according to the provisions of the law.

4. The staffing of Ethnic Minority Affairs Inspection under the Board is decided by the Director of the Provincial Ethnic Minority Board.

5. For provinces and centrally governed cities that organize according to the model of Ethnic Minority - Religion Boards, the Provincial People's Committees shall base on requirements, tasks, and specific regulations on the organization, staffing, and activities of Ethnic Minority - Religion Inspection Boards according to the guidelines of the Ministry of Home Affairs, the Committee for Ethnic Minorities, and the State Administration of Religious Affairs.

Article 9. Tasks and Authorities of Ethnic Minority Affairs Inspection under the Committee

1. Participating in drafting normative legal documents on inspection; proposing competent authorities to amend and supplement normative legal documents on inspection work.

2. Inspecting the implementation of policies, laws, and tasks of agencies and units directly managed by the Committee.

3. Conducting specialized inspections regarding ethnic minority affairs concerning agencies, organizations, and individuals in implementing state policies and laws within the jurisdiction of the Committee for Ethnic Minorities as prescribed by law, including the following main contents:

a) Regulations on implementing state policies on ethnic minorities regarding preferential development investment in infrastructure construction, economic, cultural, social, health, education-training, science and technology programs and projects in ethnic minority areas, remote and border regions;

b) Regulations on implementing pilot models and preferential policies in economically and socially difficult areas approved by the Government or the Prime Minister.

4. Imposing administrative penalties in accordance with the law on handling administrative violations.

5. Assisting the Minister, Chairman of the Committee for Ethnic Minorities in organizing citizen reception, handling complaints and denunciations, preventing and combating corruption in accordance with the law.

6. Providing guidance and training on specialized inspection business regarding ethnic minority affairs for Ethnic Minority Affairs Inspection under the Board; providing guidance and inspecting units under the Committee for Ethnic Minorities in implementing legal provisions on inspection.

7. Monitoring, urging, and inspecting the implementation of conclusions, recommendations, and decisions on inspection by the Committee for Ethnic Minorities.

8. Summarizing and reporting to the Minister, Chairman of the Committee for Ethnic Minorities and the Government Inspectorate on the results of inspection work, complaint and denunciation resolution, and anti-corruption efforts within the scope of state management by the Committee for Ethnic Minorities.

9. Proposing competent state agencies to amend and supplement mechanisms and policies related to ethnic minority affairs when discovering that these mechanisms and policies are not in line with reality and the law.

10. Performing other tasks and authorities as prescribed by law or assigned by the Minister, Chairman of the Committee for Ethnic Minorities.

Article 10. Duties and powers of the Inspector General of the Committee

1. Lead and direct inspection work as prescribed in Article 9 of this Decree.

2. Develop inspection programs and plans to submit to the Minister, Head of the Committee for Ethnic Minorities for decision and organize their implementation.

3. Submit to the Minister, Head of the Committee for Ethnic Minorities for decision on conducting inspections when signs of violation of laws are discovered.

4. Submit to the Minister, Head of the Committee for Ethnic Minorities for decision or decide within his authority on establishing inspection teams, appointing inspectors, and summoning inspection collaborators as prescribed by law.

5. Issue decisions on administrative penalties according to the provisions of the Law on Handling Administrative Violations.

6. Recommend the Minister, Head of the Committee for Ethnic Minorities to consider handling the responsibility of individuals who violate the law; temporarily suspend the execution of decisions made by organizations or individuals directly under the management of the Committee for Ethnic Minorities if there is sufficient evidence that such actions or decisions contravene the law or affect inspection activities.

7. Recommend the Minister, Head of the Committee for Ethnic Minorities to handle overlapping or duplicate issues in implementing inspection programs, plans, contents, and resolving problems related to inspection work; report to the Chief Inspector as prescribed in Article 26 of the Inspection Law if such recommendations are not accepted.

8. Lead the Committee's Inspectorate in performing other duties and powers as prescribed by law on inspection.

Article 11. Duties and Powers of the Inspectorate of the Board

1. Conduct administrative inspections of organizations and individuals directly managed by the Chairman of the Ethnic Minorities Board regarding compliance with policies and laws and assigned tasks.

2. Conduct specialized inspections of agencies, organizations, and individuals operating in ethnic affairs under the management authority of the Provincial Ethnic Minorities Board concerning the implementation of state regulations on ethnic policies related to investment and socio-economic development, culture, health, education and training, science and technology.

3. Impose administrative penalties according to the provisions of the Law on Handling Administrative Violations.

4. Assist the Chairman of the Ethnic Minorities Board in organizing citizen reception, handling complaints and denunciations according to the law.

5. Implement preventive measures and combat corruption as prescribed by the Anti-Corruption Law.

6. Guide and inspect units under the Board in implementing legal regulations on inspection work; conclusions, recommendations, and decisions on handling inspections issued by the Ethnic Minorities Board.

7. Summarize and report to the Chairman of the Ethnic Minorities Board and the Provincial Inspectorate on the results of inspection work, complaint and denunciation resolution, and anti-corruption efforts within the scope of the Board's state management.

8. Perform other duties and powers as prescribed by law or assigned by the Chairman of the Provincial Ethnic Minorities Board.

Article 12. Duties and Powers of the Inspector General of the Board

1. Lead and direct inspection work as prescribed in Article 11 of this Decree.

2. Develop inspection programs and plans to submit to the Chairman of the Ethnic Minorities Board for decision and organize their implementation.

3. Submit to the Chairman of the Ethnic Minorities Board for decision on conducting inspections when signs of violation of laws are discovered.

4. Submit to the Chairman of the Ethnic Minorities Board for decision or decide within his authority on establishing inspection teams, appointing inspectors, and summoning inspection collaborators as prescribed by law.

5. Issue decisions on administrative penalties according to the provisions of the Law on Handling Administrative Violations.

6. Recommend the Chairman of the Ethnic Minorities Board to temporarily suspend the execution of decisions made by organizations or individuals directly under the management of the Ethnic Minorities Board if there is sufficient evidence that such decisions contravene the law or obstruct inspection activities.

7. Recommend the Chairman of the Ethnic Minorities Board to resolve issues related to inspection work; report to the Provincial Inspector General and the Inspector General of the Committee for Ethnic Minorities if such recommendations are not accepted.

8. Recommend the Chairman of the Ethnic Minorities Board to consider the responsibility and handle individuals who violate the law under the Board's management.

9. Lead the Board's Inspectorate in performing other duties and powers as prescribed by law on inspection.

Article 13. Ethnic Minority Inspectors

1. Ethnic Minority Inspectors are civil servants appointed to the inspector rank to perform inspection tasks; the appointment, removal, and issuance of identification cards for Ethnic Minority Inspectors shall be carried out in accordance with the provisions of the law.

2. Ethnic Minority Inspectors must meet the conditions and standards stipulated in Article 31 of the Inspection Law.

3. Ethnic Minority Inspectors are provided with uniforms, insignias, badges, and other benefits as prescribed by law.

4. When performing inspection duties, Ethnic Minority Inspectors have responsibilities and powers as prescribed in this Decree and Articles 40 and 50 of the Inspection Law; other responsibilities and powers are governed by the provisions of the law.

Article 14. Ethnic Minority Inspector Collaborators

1. Ethnic Minority Inspector Collaborators are individuals recruited by heads of state agencies or heads of Ethnic Minority Inspection agencies to perform inspection tasks.

2. Ethnic Minority Inspector Collaborators must possess political integrity, sense of responsibility, honesty, objectivity, fairness, and appropriate professional qualifications for the assigned inspection tasks.

3. The criteria, benefits, responsibilities, and recruitment procedures for Ethnic Minority Inspector Collaborators shall be implemented in accordance with the provisions of the law.

Chapter III

ACTIVITIES OF ETHNIC MINORITY INSPECTION

Article 15. Forms of Inspection

Inspection activities are conducted in the form of program-based inspections and ad hoc inspections:

1. The Commission conducts inspections according to programs and plans approved by the Minister, Chairman of the National Ethnic Minorities Committee.

2. The Board conducts inspections according to programs and plans approved by the Director of the Ethnic Minorities Board.

3. Ad hoc inspections are carried out when organizations or individuals exhibit signs of violating the law, upon request for handling complaints or reports, or at the direction of the head of the competent state management agency or the head of the Inspection Agency.

Article 16. Content, Procedure, and Process of Conducting Inspections

1. The content, procedure, and process of conducting inspections are carried out in accordance with the provisions of the law on inspection.

2. When handling violations, the Head of the Inspection Team and Inspectors must fully comply with the prescribed procedures under the law.

3. The Head of the Inspection Team and Inspectors are responsible before the law and the person issuing the inspection decision for their decisions and measures to address violations.

Article 17. Rights and Obligations of Inspection Targets

Agencies, organizations, and individuals subject to inspection have rights and obligations to fulfill requests regarding the content, time, conclusions, and decisions on handling inspections as prescribed by law.

Article 18. Authority to Approve Inspection Programs and Plans and Issue Inspection Decisions

1. The Minister, Chairman of the National Ethnic Minorities Committee approves the inspection programs and plans for the following year submitted by the Chief Inspector of the Commission not later than December 31 of the previous year. Based on the approved inspection program and plan, the Chief Inspector of the Commission issues the inspection decision and establishes the inspection team, assigning Inspectors to carry out the inspection tasks.

2. The Director of the Ethnic Minorities Board approves the inspection programs and plans for the following year submitted by the Chief Inspector of the Board not later than December 31 of the previous year. Based on the approved inspection program and plan, the Chief Inspector of the Board issues the inspection decision and establishes the inspection team, assigning Inspectors to carry out the inspection tasks.

3. In cases of necessity, the Minister, Chairman of the National Ethnic Minorities Committee may issue an inspection decision and establish an inspection team within the scope of management under the authority of the National Ethnic Minorities Committee; the Director may issue an inspection decision and establish an inspection team within the scope of management under the authority of the Provincial Ethnic Minorities Board.

Article 19. Conditions for operation

1. Ethnic affairs inspection agencies shall be equipped with conditions, means, and technical equipment for work.

2. The operating funds of ethnic affairs inspection agencies shall be provided from the state budget and other sources in accordance with the provisions of the law.

Chapter IV

REWARD AND VIOLATION HANDLING

Article 20. Awards

Agencies, organizations, and individuals who have achievements in ethnic affairs inspection activities shall be rewarded in accordance with the provisions of the law.

Article 21. Handling Violations.

Agencies, organizations, and individuals who abuse their positions and powers to violate the provisions of the law on inspection and this Decree, infringe upon the legitimate rights and interests of agencies, organizations, and individuals operating in the field of ethnicity, obstruct ethnic affairs inspection activities, bribe, retaliate against those performing inspection duties, or retaliate against complainants and accusers shall be subject to disciplinary, administrative, or criminal liability depending on the severity of the violation, and if damage is caused, they must compensate according to the provisions of the law.

Chapter V

IMPLEMENTING PROVISIONS

Article 22. Effectiveness

This Decree shall take effect fifteen days after its publication in the Official Gazette.

Article 23. Responsibility for Implementation

1. The Minister, Head of the Committee for Ethnic Minorities Affairs shall take the lead and coordinate with the Ministers and Heads of ministries at the ministerial level that are relevant to guide the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities are responsible for implementing this Decree./.