Decision No. 100/2006/QD-BQP stipulates the functions, tasks, and authorities of the defense inspection agencies of military regions, the Defense Inspection Office of the General Staff; the Political General Department and various general departments; military branches; Border Guard Force; corps; arms services, and equivalent entities.

Pursuant to …;

Regulations on the functions, tasks, and authorities of the agencies

Defense Inspection of Military Region, Defense Inspection of the General Staff;

Political General Department and various general departments; military branches; Border Guard Force;

Army Corps; arms services and equivalent entities

_____________________

MINISTER OF NATIONAL DEFENSE

Pursuant to the Law on Legislative Acts of Regulatory Nature dated November 12, 1996; amended and supplemented in 2002;

Pursuant to Decree No. 30/2004/NĐ-CP dated January 16, 2004 of the Government on the functions, tasks, authorities, and organizational structure of the Ministry of National Defense;

Pursuant to Decree No. 26/2006/NĐ-CP dated March 21, 2006 of the Government on the organization and operation of Defense Inspection;

Considering the proposal of the Chief Inspector of the Ministry of National Defense.

Pursuant to …;

Article 1. Scope of organization and operation of Defense Inspection agencies of Military Regions, Defense Inspection of the General Staff; Political General Department and various general departments; military branches; Border Guard Force; Army Corps; arms services and equivalent entities

The Defense Inspection agencies of Military Regions, Defense Inspection of the General Staff; Political General Department and various general departments; military branches; Border Guard Force; Army Corps; arms services and equivalent entities shall be organized and operate in accordance with the Inspection Law, Decree No. 26/2006/NĐ-CP dated March 21, 2006 of the Government on the organization and operation of Defense Inspection, and related regulatory legal documents.

Article 2. Defense Inspection of Military Region

1. Defense Inspection of Military Region is an agency under the Military Region, simultaneously part of the Defense Inspection system. It performs inspection tasks within the scope of state management in the field of national defense on the territory of the Military Region; inspects and manages, directs inspection work for agencies and units directly managed by the Military Region.

2. The Defense Inspection of Military Region has: Chief Inspector, Deputy Chief Inspector, Inspectors, and civil servants.

Article 3. Tasks and Authorities of Defense Inspection of Military Region

1. Organize inspections or coordinate with State Inspectors at all levels to conduct inspections on the implementation of policies, laws, and national defense tasks for localities, agencies, organizations, and individuals within the Military Region's territory.

2. Inspect the implementation of policies, laws, state plans, directives, orders, and regulations of the Ministry of National Defense and the Commander of the Military Region for agencies and units under the Military Region's jurisdiction.

3. Inspect and supervise the implementation of regulations on inspection work and handling complaints and denunciations for commanders of agencies and units under the Military Region's jurisdiction, perform tasks of handling complaints and denunciations, and public reception according to the law.

4. Assist the Commander of the Military Region in managing and directing complaint and denunciation resolution tasks, public reception, and anti-corruption activities according to the law, and other assigned inspection tasks. Recommend the Commander of the Military Region to temporarily suspend and resolve according to authority those decisions that are incorrect regarding inspection work made by commanders of agencies and units under the Military Region's jurisdiction.

5. Manage inspection work and guide inspection procedures for commanders, agencies, units, and provincial-level Defense Inspections under the Military Region's jurisdiction. Supervise, urge, monitor, and report on the results of implementing conclusions, recommendations, and decisions made after inspections conducted by higher-level Defense Inspections and their own agency within the Military Region's territory.

6. Implement mid-term and final reviews, participate in compiling materials, and exchange information on Defense Inspection within the Inspection sector.

7. Coordinate with State Inspectors at all levels within the Military Region to resolve issues related to the Military Region's defense tasks and operations. Recommend the Commander of the Military Region to resolve issues identified, concluded, or handled through inspections; if the recommendation is not accepted, they have the right to reserve and report to the Chief Inspector of the Ministry of National Defense for guidance on resolution.

8. Perform other tasks and exercise other powers as prescribed by law.

Article 4. Duties and Authorities of the Chief Inspector of the Military Region Defense Inspection

1. Annually, responsible for building inspection programs and plans to submit to the Commander of the Military Region for approval and organizing their implementation in accordance with the provisions of the law.

2. Request functional agencies and units under the Military Region to report and provide information related to defense inspection work and to assign personnel to participate in inspection teams.

3. Decide to temporarily suspend or propose competent authorities to temporarily suspend the execution of disciplinary decisions or job transfers of commanders of subordinate agencies and units if they are cooperating with the inspection team or are the subject of inspection, if it is deemed that the execution of such decisions impedes the inspection process.

4. Issue warnings, temporarily suspend duties, or recommend competent authorities to temporarily suspend duties of military personnel and defense officials of subordinate agencies and units when they obstruct inspections or fail to comply with inspection requirements and decisions.

5. Require commanders of agencies and units under the Military Region to organize inspections within their scope of responsibility; review issues where the Chief Inspector of Defense does not agree with the commander at the same level, if the above request is not implemented or if there is still disagreement between the Chief Inspector of Defense of the Military Region, then report to the Commander of the Military Region for consideration and decision.

6. Participate and propose to leaders and commanders to unify management, organization, and use of inspectors and the appointment, dismissal, and removal of Chief Inspectors and Deputy Chief Inspectors of provincial-level Defense Inspections.

7. Direct and organize the Defense Inspection Office of the Military Region to perform tasks and authorities stipulated in Article 3 of this Decision and to carry out other tasks and authorities as prescribed by law.

Article 5. Defense Inspection of the General Staff Department; Political General Department and General Departments

1. The Defense Inspection of the General Staff Department, Political General Department, and General Departments are agencies directly under the General Staff Department, Political General Department, and General Departments, and are part of the Defense Inspection organizational system. They perform inspection tasks and direct management of inspection work for agencies and units directly managed by the General Staff Department, Political General Department, and General Departments.

2. The Defense Inspection of the General Staff Department, Political General Department, and General Departments have Chief Inspectors, Deputy Chief Inspectors, Inspectors, and civil servants receiving public complaints.

Article 6. Duties and Authorities of the Defense Inspection of the General Staff Department; Political General Department and General Departments

1. Inspect the implementation of policies and laws, state tasks and plans on national defense; implement tasks, directives, orders, and regulations of the Ministry of National Defense, General Staff, and General Department Directors for agencies and units under the General Staff Department, Political General Department, and General Departments. When requested by the Defense Inspection of the Ministry of National Defense, cooperate in conducting inspections according to specialized state management functions in the field of national defense for agencies, organizations, and individuals.

2. Advise and assist commanders at the same level in managing and directing tasks related to handling complaints and accusations; implement complaint and accusation resolution as prescribed by law; receive public complaints; implement preventive and anti-corruption tasks as prescribed by law and regulations of the Ministry of National Defense.

3. Inspect the implementation of laws on complaints and accusations by subordinate commanders under the General Staff Department, Political General Department, and General Departments; recommend the General Staff Director and General Department Director to temporarily suspend incorrect decisions regarding inspection work of commanders of agencies and units directly managed by the General Staff Department, Political General Department, and General Departments.

4. Supervise, urge, monitor, and report on the implementation of conclusions, requests, recommendations, and post-inspection handling decisions made by higher-level inspections and their own inspections in agencies and units under the General Staff Department, Political General Department, and General Departments.

5. Manage inspection work and guide inspection procedures for commanders of agencies and units under the General Staff Department, Political General Department, and General Departments.

6. Implement mid-term and final reviews, participate in compiling materials, and exchange information on inspection work within the Defense Inspection sector.

7. Perform other tasks and exercise other powers as prescribed by law.

Article 7. Duties and powers of the Inspector General of the General Staff Department; the Political General Department and the various general departments.

1. Annually, responsible for drafting inspection programs and plans to be submitted to the Chief of General Staff, the Director of the Political General Department, and the Directors of the various general departments for approval and organizing their implementation in accordance with the provisions of the law.

2. Request functional agencies and units under the General Staff Department; the Political General Department and the various general departments to provide relevant situations, information, and materials related to defense inspection work, and appoint personnel to participate in inspection teams.

3. Decide or recommend the Chief of General Staff and the Directors of the Political General Department and the various general departments to temporarily suspend the enforcement of disciplinary decisions or job transfers of commanders of units under the General Staff Department, the Political General Department, and the various general departments if such actions hinder the inspection process.

4. Decide or recommend the Chief of General Staff and the Directors of the Political General Department and the various general departments to issue warnings or temporarily suspend the duties of military personnel and defense civil servants under the General Staff Department, the Political General Department, and the various general departments when they obstruct inspections or fail to implement inspection conclusions, requirements, or decisions.

5. Recommend the Chief of General Staff and the Directors of the Political General Department and the various general departments to resolve issues identified, concluded, or handled through inspections; if recommendations are not accepted, retain the right to report to the Inspector General of the Ministry of National Defense for further study and direction.

6. Direct and organize the Inspectorate of the General Staff Department, the Political General Department, and the various general departments to perform tasks and powers stipulated in Article 6 of this Decision and other tasks and powers prescribed by law.

Article 8. Military Branch Inspectors

1. The Military Branch Inspector is an agency subordinate to the military branch and part of the defense inspection system. It performs inspection tasks and manages and directs inspection work for agencies and units under the command of the Military Branch Commander.

2. The Military Branch Inspector has: Inspector General, Deputy Inspector General, Inspector Officers, and public reception officers.

Article 9. Duties and Powers of the Military Branch Inspector

1. Inspect the implementation of policies and laws, state tasks and plans on national defense; carry out tasks, directives, orders, and regulations of the Ministry of National Defense and the Military Branch Commander for agencies and units under the command of the Military Branch Commander. When requested by the Inspector General of the Ministry of National Defense, cooperate in conducting inspections according to the specialized administrative management functions in the field of national defense for localities, agencies, organizations, and individuals.

2. Advise and organize assistance to the Military Branch Commander in managing and directing the resolution of complaints and denunciations, public reception work. Implement complaint and denunciation resolution according to the law on complaints and denunciations; public reception work, prevention and struggle against corruption according to the law and regulations of the Ministry of National Defense.

3. Inspect the implementation of laws on complaints and denunciations by commanders of agencies and units within the military branch; recommend the Military Branch Commander to temporarily suspend incorrect decisions regarding inspection work made by commanders of agencies and units within the military branch.

4. Supervise, urge, monitor, and report on the implementation of inspection conclusions, requirements, recommendations, and post-inspection handling decisions made by higher-level inspectors and themselves at agencies and units within the military branch.

5. Manage inspection work and guide inspection procedures for commanders and agencies and units within the military branch.

6. Implement mid-term and final reviews, participate in compiling materials, and exchange information on inspection work within the Defense Inspection sector.

7. Perform other tasks and exercise other powers as prescribed by law.

Article 10. Duties and Authorities of the Inspector General of the Military Service

1. Annually, responsible for drafting inspection programs and plans to submit to the Commander of the Military Service for approval and organizing their implementation in accordance with the provisions of the law.

2. Requesting functional agencies and subordinate units under the Military Service to provide relevant situations and necessary documents related to defense inspection work, and appointing personnel to participate in inspection teams.

3. Deciding or recommending the competent authority to decide on temporarily suspending the enforcement of disciplinary decisions or job transfers of commanders of agencies and units under the Commander of the Military Service if such individuals are cooperating with the inspection organization or are the subjects of inspection, provided that the enforcement of these decisions impedes the inspection process.

4. Deciding or recommending the Commander of the Military Service to issue warnings or temporarily suspend the duties of military personnel and defense civil servants within the Military Service when they obstruct inspections or fail to implement inspection conclusions, requirements, and decisions.

5. Recommending the Commander of the Military Service to resolve issues identified, concluded, or handled through inspections; in cases where recommendations are not accepted, retaining the right to report to the Inspector General of the Ministry of National Defense for research and guidance on resolution.

6. Directing and organizing the Inspectorate of the Military Service to perform tasks and authorities stipulated in Article 9 of this Decision and other tasks and authorities prescribed by law.

Article 11. Border Guard Inspection

1. The Border Guard Inspection is an agency under the Border Guard Command, simultaneously part of the defense inspection system. It exercises inspection rights within the scope of national border management and protection by the Border Guard. Conducts inspections and manages, directs inspection work for agencies and units directly managed by the Border Guard Command.

2. The Border Guard Inspection has an Inspector General, Deputy Inspector General, Inspectors, and public reception officers. Provincial Border Guard Commands have Inspectors.

Article 12. Duties and Authorities of the Border Guard Inspection

1. Inspects the implementation of policies, laws, state tasks, and plans regarding management; national border protection and border defense work; directives, orders, and regulations of the Ministry of National Defense and the Border Guard Commander concerning agencies and units under the Border Guard Command. When requested by the National Defense Inspectorate, it collaborates to conduct inspections within the scope of state management by the Ministry of National Defense over localities, agencies, organizations, and individuals as prescribed by law.

2. Advises and assists the Border Guard Commander in managing and directing tasks related to complaint and denunciation resolution, public reception. Implements complaint and denunciation resolution according to the law on complaints and denunciations; public reception work; performs preventive and anti-corruption tasks as prescribed by law and the Ministry of National Defense.

3. Inspects the implementation of laws on complaints and denunciations. Performs complaint and denunciation resolution tasks within the authority prescribed by law for agencies and units under the Border Guard. Inspects other cases assigned by the Border Guard Commander.

4. Temporarily suspends illegal decisions made by commanders of agencies and units under the Border Guard Command regarding inspection work, while recommending the Border Guard Commander to resolve them within their authority.

5. Supervises, urges, monitors, and reports on the results of implementing inspection conclusions, recommendations, and post-inspection handling decisions made by the National Defense Inspectorate and its own level.

6. Manages inspection work and guides inspection procedures for commanders of agencies and units and provincial Border Guard Inspectors.

7. Carries out mid-term and final reviews, compiles materials, exchanges information on inspection work within the defense inspection sector.

8. Recommends the Border Guard Commander to resolve issues identified, concluded, or decided upon through inspections within their authority; in cases where recommendations are not accepted, retains the right to report to the Inspector General of the Ministry of National Defense for review, guidance, and resolution.

9. Perform other tasks and exercise other powers as prescribed by law.

Article 13. Duties and Authorities of the Inspector General of the Border Guard Force

1. Annually, shall be responsible for drafting inspection programs and plans to submit to the Commander of the Border Guard Force for approval and organizing the implementation of such programs and plans in accordance with the provisions of the law.

2. Request relevant agencies and subordinate units to provide necessary information and documents related to inspection work, and appoint personnel to participate in inspection teams.

3. Decide to temporarily suspend or propose competent authorities to temporarily suspend the execution of disciplinary decisions or job transfers of commanding officers of units under the Border Guard Force if they are collaborating with the inspection organization or are the subjects of inspection, and if it is deemed that the execution of these decisions impedes the inspection process.

4. Decide or recommend the Commander of the Border Guard Force to issue warnings or temporarily suspend the duties of military personnel and defense civil servants in units under the Border Guard Force when they obstruct inspections or fail to comply with inspection requirements, decisions, and conclusions.

5. Participate in recommending to provincial and centrally-administered city Border Guard Command leaders and relevant departments of the Border Guard Command Headquarters on the management, arrangement, and utilization of inspectors, and on the appointment and removal of dedicated inspectors at provincial and centrally-administered city Border Guard Commands.

6. Direct and organize the Border Guard Inspection Office to perform duties and authorities stipulated in Article 12 of this Decision and other duties and authorities as prescribed by law.

Article 14. Duties and Authorities of Inspectors of Provincial and Centrally-Administered City Border Guard Commands

1. Annually, shall be responsible for drafting inspection programs and plans to submit to the Chief of the Provincial and Centrally-Administered City Border Guard Command for approval and organizing the implementation of such programs and plans in accordance with the provisions of the law.

2. Request relevant agencies and subordinate units to provide necessary information and documents related to inspection work, and appoint personnel to participate in inspection teams.

3. Serve as the core in inspections and checks on the compliance with policies and laws by units under their command according to directives from their level commanders. Provide advisory support to their level commanders in resolving complaints, accusations, and citizen receptions as prescribed by law. Implement inspection and check tasks assigned by higher-level defense inspections.

4. Propose competent authorities to suspend the execution of disciplinary decisions or job transfers by heads of units under their level commanders for individuals who are collaborating with the inspection organization or are the subjects of inspection, if it is deemed that the execution of these decisions impedes the inspection process.

5. Recommend competent authorities to decide on issuing warnings or temporarily suspending the duties of military personnel and defense civil servants in units under their level commanders when they obstruct inspections or fail to comply with inspection requirements.

Article 15. Inspection of Military Corps; Arms Forces and Equivalent Units

1. The inspection of military corps, arms forces, and equivalent units is an agency subordinate to military corps, arms forces, and equivalent units, and simultaneously part of the defense inspection system; performs inspection duties and manages and directs inspection work for agencies and units under the command of their level commanders.

2. The inspection of military corps, arms forces, and equivalent units has an Inspector General, Inspectors, and public reception officers.

Article 16. Tasks and authorities of the Inspectorate of Military Corps; Arms Services and equivalent

1. Inspect the implementation of policies and laws, tasks, and state plans on national defense; the execution of military tasks, directives, orders, regulations of the Ministry of National Defense and commanders at the same level for agencies and units under the command of their own commanders.

2. Inspect other matters assigned by commanders at the same level.

3. Advise and organize to assist commanders at the same level in managing and directing tasks related to handling complaints and denunciations, receiving citizens; handle complaints and denunciations according to the law on complaints and denunciations; citizen reception work, preventive and anti-corruption tasks according to the law and the Ministry of National Defense's regulations.

4. Inspect the implementation of the law on complaints and denunciations by subordinate commanders under the command of commanders at the same level.

5. Supervise, urge, monitor, and report on the implementation of conclusions, requirements, recommendations, and post-inspection disciplinary decisions made by higher-level and own-level defense inspectorates at agencies and units under the management of commanders at the same level.

6. Manage inspection work and guide inspection procedures for agencies and units under management.

7. Advise on information exchange about inspection work within the sector to innovate and improve the effectiveness of defense inspection work.

8. Recommend commanders at the same level to resolve issues identified, concluded, or handled through inspections; if the recommendation is not accepted, they have the right to reserve and report to the Chief Inspector of the Ministry of National Defense for review and direction to resolve.

9. Perform other tasks and exercise other powers as prescribed by law.

Article 17. Tasks and authorities of the Chief Inspector of Military Corps; Arms Services and equivalent

1. Annually, be responsible for building inspection programs and plans to submit to the Commander of Military Corps, Arms Services, and commanders at the same level for approval and organize the implementation of these programs and plans in accordance with the provisions of the law.

2. Request functional agencies and subordinate units to provide relevant situations and materials related to defense inspection work, and appoint personnel to participate in inspection teams.

3. Decide or recommend competent authorities to decide on temporarily suspending the enforcement of disciplinary decisions or job transfers of commanders of agencies and units under the command of commanders at the same level, if they are cooperating with the inspection organization or are the subject of inspection, and such enforcement would hinder the inspection process.

4. Decide or recommend competent authorities to decide on warning or temporarily suspending the work of military personnel and defense civil servants under the command of their own commanders when there is behavior obstructing the inspection or failing to comply with inspection requirements and decisions.

5. Direct and organize the Inspectorate of Military Corps; Arms Services and equivalent to perform the tasks and authorities stipulated in Article 16 of this Decision and perform other tasks and authorities as prescribed by law.

Article 18. Effectiveness and Responsibility for Enforcement

1. This Decision takes effect fifteen days from the date of publication in the Official Gazette.

Repeal Decision No. 3450/QĐ-BQP dated December 21, 2001 of the Minister of National Defense on the issuance of the Regulations on the Organization and Operation of the Defense Inspectorate.

2. The Chief Inspector of the Ministry of National Defense, commanders of agencies and units are responsible for implementing this Decision./.