Decree No. 100/2007/ND-CP on Inspectors and Inspector Collaborators

DECREE

Regarding inspectors and inspection collaborators

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THE GOVERNMENT

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

Pursuant to the Inspection Law on June 15, 2004;

Pursuant to the Cadres and Civil Servants Ordinance on February 26, 1998; the Ordinance amending and supplementing certain articles of the Cadres and Civil Servants Ordinance on April 28, 2000; the Ordinance amending and supplementing certain articles of the Cadres and Civil Servants Ordinance on April 29, 2003;

Considering the proposal of the Inspector General.

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of application

This Decree stipulates the regulations concerning inspectors, inspection collaborators, and the system of benefits and policies for inspectors and inspection collaborators.

Article 2. Inspectors and inspection collaborators

1. An inspector is a civil servant appointed to the inspector rank to perform inspection tasks and other tasks assigned by the head of the state inspection agency.

2. Inspectors in the People's Army and in the People's Public Security are officers of the People's Army of Vietnam and officers of the People's Public Security.

The standards and ranks for defense inspectors and public security inspectors shall be implemented in accordance with the Officer Law of the People's Army of Vietnam, the Officer Law of the People's Public Security, and other laws related to inspection.

3. An inspection collaborator is a person recruited by a state inspection agency or a state management agency to participate in an inspection team. An inspection collaborator is not part of the establishment of state inspection agencies.

Article 3. Responsibilities of inspectors and inspection collaborators

1. Inspectors must set an example in complying with the law, continuously strive to improve their skills, maintain the standards of inspectors; have a healthy lifestyle and respect public conduct rules; have the responsibility to study and research to enhance their professional knowledge and inspection expertise.

2. When participating in an inspection team, inspectors and inspection collaborators must carry out the tasks assigned by the head of the inspection team.

3. During the inspection process, inspectors and inspection collaborators must comply with the provisions of the law and bear legal responsibility for the tasks assigned; inspectors also bear responsibility before the decision-maker of the inspection and the direct superior manager regarding the execution of the assigned tasks.

Article 4. Matters that inspectors may not engage in; situations where inspectors and inspection collaborators may not join an inspection team or must refuse to join an inspection team

1. Inspectors shall not engage in the following matters:

a) Matters prohibited by the cadre and civil servant laws and other relevant laws;

b) Conducting inspections without an inspection decision or assignment from the competent authority;

c) Colluding with the inspected entity and persons involved in the inspection case to distort the inspection results;

d) Illegally interfering with the inspection process or using influence to affect responsible persons during the inspection for personal gain;

đ) Misusing inspection powers to commit illegal acts; harassing, causing difficulties, or inconvenience to the inspected entity; shielding the inspected entity and those involved;

e) Providing inspection information and materials to persons who are not responsible for such matters;

g) Disclosing information and materials about the inspection content during the inspection process before an official conclusion is made.

2. Inspectors and inspection collaborators may not join an inspection team or must refuse to join an inspection team if their parents, spouse, children, or full siblings hold leadership or management positions in the inspected agency or organization.

Article 5. Responsibilities of state management agencies and inspection agencies in managing and utilizing inspectors and inspection collaborators

1. State management agencies and inspection agencies are responsible for managing, utilizing, training, and promoting inspectors, implementing salary systems and incentive, reward, and disciplinary policies for inspectors according to the law.

2. State management agencies and inspection agencies recruiting inspection collaborators are responsible for using inspection collaborators according to their expertise and suitability for inspection requirements and tasks; managing and utilizing inspection collaborators during the recruitment period; implementing policies for inspection collaborators according to the regulations.

Chapter II

INSPECTORS

Article 6. Inspector Ranks

1. Inspectors have the following ranks:

a) Inspector;

b) Senior Inspector;

c) Senior Inspector (High Rank).

2. State civil servants, People's Army officers, and People's Public Security officers are appointed to the inspector rank according to the standards and procedures prescribed by law.

Article 7. Agencies with inspectors

Inspectors are present in the following agencies:

1. Government Inspectorate.

2. Provincial Inspectorates (hereinafter referred to as Provincial Inspectorates).

3. District Inspectorates (hereinafter referred to as District Inspectorates).

4. Inspectorates of Ministries, agencies at the ministerial level, and government agencies with state management functions (hereinafter referred to as Ministry Inspectorates).

5. Department Inspectorates.

6. Other state agencies and units under armed forces that have inspectors as prescribed by law.

Article 8. Responsibility for issuing regulations on the standards of inspector ranks

1. Standards for inspector ranks in state inspection agencies are drafted by the Inspector General in coordination with the Minister of Home Affairs and submitted to the Minister of Home Affairs for consolidation and submission to the Prime Minister for issuance.

2. Standards for inspector ranks in the People's Army are proposed by the Minister of National Defense in coordination with the Inspector General and submitted to the Prime Minister for decision.

3. Standards for inspector ranks in the People's Public Security are proposed by the Minister of Public Security in coordination with the Inspector General and submitted to the Prime Minister for decision.

Article 9. Duties and powers of inspectors

1. Inspectors have duties and powers of cadres and civil servants as prescribed by the law on cadres and civil servants and other relevant laws.

2. During the inspection process, inspectors have duties and powers as prescribed by the Inspection Law and other legal documents.

Inspectors when performing specialized inspection tasks shall have the duties and powers of specialized inspectors as prescribed by the Inspection Law, the Administrative Violation Handling Ordinance, and other legal documents.

3. Inspectors may use means, technical methods, and support tools in accordance with the provisions of the law to serve inspection work.

The Government Inspectorate and the Ministry of Public Security shall guide the management and use of support tools for inspection work.

Article 10. Authority to appoint and relieve inspectors from their posts

1. The Minister, the Head of a ministerial-level agency, the Head of an agency under the Government, the Chairman of the People's Committee of a province or centrally governed city shall appoint inspectors, senior inspectors, and chief inspectors in accordance with the provisions of the law.

2. The Minister of National Defense and the Minister of Public Security shall appoint and relieve inspectors under the Defense Inspectorate and the Police Inspectorate in accordance with the regulations.

3. The authority that appoints an inspector grade has the right to relieve that inspector grade.

Article 11. Relieving and dismissing inspectors

1. An inspector may be relieved of his position due to transfer, health reasons, family circumstances, or other reasons deemed unsuitable to fulfill assigned tasks.

2. An inspector loses his position when convicted by a court judgment that has taken legal effect.

3. An inspector shall be dismissed from his position when disciplined with the penalty of forced resignation in accordance with the law on cadres and civil servants.

Article 12. Inspector identification card, insignia, badge

1. Inspectors shall be issued an inspector identification card for use when performing tasks.

The Chief Inspector shall specify the model and guide the management and use of the inspector identification card.

The inspector identification card shall be issued by the authority that appoints the inspector.

The inspector identification card shall be recalled when the inspector no longer performs inspection tasks, retires, or is relieved, loses, or dismissed from his position.

2. Insignia, Badges:

a) The insignia and badge of inspectors shall be uniformly applied as prescribed by the Chief Inspector;

b) For specialized inspectors who need rank buttons and shoulder boards to distinguish grades and ranks of inspectors, the Minister, the Head of a ministerial-level agency, and the Head of an agency under the Government shall coordinate with the Chief Inspector to prescribe them;

The insignia and badge of inspectors shall be issued by the authority that appoints the inspector.

c) The insignia and badge of defense inspectors and public security inspectors shall be implemented in accordance with the regulations of the Minister of National Defense and the Minister of Public Security.

3. Inspectors are responsible for preserving and using the inspector identification card, badge, and insignia while performing tasks. It is strictly prohibited to use the inspector identification card, insignia, and badge for personal purposes. If an inspector uses the card, insignia, or badge to commit acts contrary to the law, they will be subject to disciplinary action or criminal prosecution depending on the nature and severity of the violation.

Article 13. Uniforms of inspectors and staff of state inspection agencies

1. Inspectors and staff of state inspection agencies shall be provided uniforms, including: winter trousers, overcoat, long-sleeved shirt, spring and summer shirt, kepi hat, leather belt, leather shoes, backless sandals, socks, raincoat, file bag.

For some ministry and sector inspectors who need specific uniforms, the Minister, the Head of a ministerial-level agency, and the Head of an agency under the Government shall coordinate with the Chief Inspector to guide the provision of uniforms for inspectors in those ministries and sectors.

2. The Minister of Finance shall coordinate with the Chief Inspector to specify the details of providing uniforms for staff and inspectors.

3. The Chief Inspector shall specify the management and use of uniforms for inspectors and staff of state inspection agencies.

4. The uniforms of defense inspectors and public security inspectors shall be implemented in accordance with the regulations of the Ministry of National Defense and the Ministry of Public Security.

Article 14. Budget for purchasing uniforms, inspector identification cards, insignia, badges, rank buttons, and shoulder boards

1. The budget for purchasing uniforms, making inspector identification cards, insignia, badges, rank buttons, and shoulder boards for inspectors at a certain level shall be borne by the state budget at that level.

2. Each year, state inspection agencies shall prepare a budget estimate and submit it to the financial department at the same level to request funding for purchasing uniforms, making inspector identification cards, insignia, badges, rank buttons, and shoulder boards.

Article 15. Regulations and policies for inspectors

1. Inspectors shall enjoy salaries, allowances, and other benefits as prescribed by the law.

Defense inspectors and public security inspectors shall enjoy the benefits of the armed forces and responsibility allowances according to their profession as inspectors.

2. The Government Inspectorate shall take the lead and coordinate with the Ministry of Finance and the Ministry of Home Affairs to guide the implementation of responsibility allowances for inspectors.

Chapter III

INSPECTOR ASSISTANTS

Article 16. Standards for inspection collaborators

An inspection collaborator is a person with good moral character, sense of responsibility, and expertise suitable for the requirements and tasks of the inspection team.

Article 17. Summoning inspection collaborators

1. The Head of a state inspection agency, the Head of a state management agency has the right to summon inspection collaborators.

2. Summoning inspection collaborators must be carried out in writing. The content of the summons for inspection collaborators must clearly state the basis for summoning, the object to be summoned, the time of summoning, the place of work, and the incentive system.

Before summoning inspection collaborators, the Head of a state inspection agency, the Head of a state management agency must coordinate with the direct management agency of the person to be summoned.

3. Upon completion of the recruitment period, the recruiting agency shall issue a written evaluation of the performance of the inspector assistant and send it to the head of the direct management agency of the person recruited.

Article 18. Duties and powers of inspection collaborators

When participating in an inspection team, an inspection collaborator shall have the following duties and powers:

1. Perform tasks assigned by the Head of a state inspection agency, the Head of a state management agency, and the Team Leader.

2. Recommend the Team Leader to apply measures within the Team Leader's authority to handle issues related to the inspection content.

3. Report the results of assigned tasks to the Head of the Inspection Team, the Head of the State Inspectorate Agency and bear legal responsibility for the accuracy, honesty, and objectivity of the reported content.

Article 19. Regulations for inspection collaborators

During their participation in the Inspection Team, inspection collaborators shall enjoy the following benefits:

1. Being paid salaries by the directly managing agency and receiving travel expenses from the agency that summons them for the staff and civil servants who are summoned.

2. Having their working conditions, means of work, remuneration guaranteed by the summoning agency and enjoying other rights like members of the Inspection Team.

For inspection collaborators in certain specialized fields, incentive systems will be applied according to the provisions of the law.

3. The Chief Inspector shall unify with the Minister of Finance to specify the incentive system for inspection collaborators.

Chapter IV

MANAGEMENT OF INSPECTORS

Article 20. Tasks and powers of the Government Inspectorate in managing inspectors

The Government Inspectorate has the following tasks and powers:

1. To take the lead and coordinate with Ministries, agencies at the level of ministries, government agencies, provincial People's Committees in planning, organizing training and capacity building for inspectors.

2. To coordinate with the Ministry of Home Affairs to define the content and form of examinations for promotion to inspector ranks; organize examinations for promotion to senior inspector ranks.

3. To coordinate with the Ministry of National Defense and the Ministry of Public Security to define the appointment procedures for inspector ranks within the People's Army and the People's Police.

4. To coordinate with the Ministry of Finance and the Ministry of Home Affairs to develop policies and regulations for cadres and inspectors to be submitted to the Government and the Prime Minister for issuance.

5. To define the content, programs, methods, and organization of training and capacity building for inspector ranks.

6. To organize examinations for promotion to the rank of principal inspector.

7. To compile statistics and report on inspectors nationwide.

8. To inspect and supervise the implementation of laws concerning inspectors according to the management hierarchy.

9. To handle complaints and denunciations according to the management hierarchy.

10. To appoint, dismiss inspectors under its management according to regulations.

11. To perform other tasks and powers stipulated by law regarding inspectors.

Article 21. Tasks and powers of state inspection agencies in managing and utilizing inspectors

1. Ministries' Inspectors, Provincial Inspectors, Department Inspectors, County Inspectors have the following tasks and powers:

a) Implement state policies and regulations for inspectors;

b) Assign and monitor the performance of inspectors;

c) Propose to competent state authorities about appointments, dismissals, promotions, transfers, and cooperate in training and capacity building for inspectors within their agencies;

d) Evaluate inspectors under their management according to regulations;

đ) Manage and supervise the use of inspector insignia, badges, and cards within their jurisdiction;

e) Compile statistics and report on inspectors under their management to higher-level inspector management agencies;

g) Handle complaints and denunciations against inspectors within their agencies according to the law;

h) Perform other tasks and powers stipulated by law regarding inspectors.

2. The Government Inspectorate performs management tasks for inspectors as stipulated in Article 20 of this Decree and manages and utilizes inspectors within the Government Inspectorate according to the provisions of Clause 1 of this Article.

Article 22. Rewards and handling of violations

1. Inspectors and inspection collaborators who achieve outstanding results in performing their tasks shall be rewarded according to the law.

Inspectors who achieve remarkable results in performing their duties and public service may be considered for promotion to a higher rank and salary advancement ahead of schedule according to the Government's regulations.

2. Inspectors and inspection collaborators who violate the law shall be disciplined or criminally prosecuted depending on the nature and severity of the violation. If damage is caused, they must compensate according to the law.

Chapter V

IMPLEMENTING PROVISIONS

Article 23. Effectiveness

1. This Decree takes effect 15 days after its publication in the Official Gazette and replaces Decree No. 191/HĐBT dated June 18, 1991 issued by the Council of Ministers (now the Government) on the Inspector Regulation and the use of inspection collaborators.

Article 2. Abolish previous provisions that conflict with this Decree.

Article 24. Responsibility for Implementation

1. The Chief Inspector shall guide the implementation of this Decree.

2. Ministers, Heads of agencies at the level of ministries, Heads of government agencies, Chairmen of provincial and centrally-administered city People's Committees, Heads of agencies and units, and related individuals are responsible for implementing this Decree./.