Circular No. 101/2006/TT-BQP guiding the implementation of certain provisions of Government Decree No. 26/2006/NĐ-CP dated March 21, 2006 on the organization and operation of Defense Inspection.

CIRCULAR

Guidelines for implementing certain provisions of Decree No. 26/2006/NĐ-CP

dated March 21, 2006 of the Government on the organization and operation of the Defense Inspectorate

Inspectorate of National Defense

Pursuant to Clause 1 Article 27 of Decree No. 26/2006/NĐ-CP dated March 21, 2006 of the Government on the organization and operation of the Defense Inspectorate (hereinafter referred to as Decree No. 26/2006/NĐ-CP), The Ministry of National Defense guides the implementation of certain provisions of Decree No. 26/2006/NĐ-CP as follows:

1. The system of the Defense Inspectorate prescribed in Article 1 of Decree No. 26/2006/NĐ-CP is specified as follows:

1.1. The Defense Inspectorate belongs to the State Inspectorate system and is organized into a unified system within the military. The activities of the Defense Inspectorate are carried out in accordance with the laws on Inspection and the Defense Inspectorate.

1.2. The relationship between the Ministry of National Defense Inspectorate agency and the Defense Inspectorate agencies at various levels is the relationship between the supervising and guiding agency at the higher level and the business agency at the lower level.

2. The objects of the Defense Inspectorate prescribed in Clause 2 and Clause 3 of Article 2 of Decree No. 26/2006/NĐ-CP are specified as follows:

2.1. Clause 2 of Article 2 of Decree No. 26/2006/NĐ-CP stipulates the objects subject to inspection for compliance with Vietnamese laws on national defense and the performance of national defense tasks by organizations and individuals in Vietnam, specifically as follows:

a) The Defense Inspectorate of the Ministry of National Defense conducts inspections of ministries, ministerial-level agencies, government agencies, economic organizations, central-level mass organizations, and provincial people's committees (referred to collectively as provincial level).

b) The Defense Inspectorate of the Military Region conducts inspections of provincial people's committees; departments, sectors, districts, counties, towns, cities under provinces; economic organizations and local and central-level mass organizations within the Military Region's jurisdiction.

c) The Defense Inspectorate at the provincial level conducts inspections of district, county, town, city people's committees under the province; departments, sectors, communes, wards, towns under districts, counties, towns, cities under the province; economic organizations and local and central-level mass organizations within the province's jurisdiction.

d) The General Staff Department; the Political Bureau and the general departments; military branches; and the Border Guard Corps, when assigned by the Ministry of National Defense to assist the Ministry of National Defense in managing state affairs in certain fields within the Ministry of National Defense's functional management, conduct inspections of agencies, organizations, and individuals under their functional state management in related fields upon request from the Defense Inspectorate of the Ministry of National Defense under its guidance.

2.2. Clause 3 of Article 2 of Decree No. 26/2006/NĐ-CP is specified as follows:

a) Objects are foreign organizations and individuals in Vietnam during their activities related to Vietnamese laws on national defense;

b) Only the Defense Inspectorate of the Ministry of National Defense may conduct inspections for compliance with Vietnamese laws on national defense against foreign organizations and individuals whose activities are related to Vietnamese laws on national defense;

c) When assigned by the Defense Inspectorate of the Ministry of National Defense, the Defense Inspectorate of the Border Guard Corps may conduct inspections of foreign organizations and individuals within the scope of border protection under the Border Guard Corps' jurisdiction.

3. Responsibilities of commanders at all levels in organizing and operating the Defense Inspectorate prescribed in Clause 5 of Decree No. 26/2006/NĐ-CP are specified as follows:

3.1. Directing inspection activities and being responsible to higher-level commanders for inspection work within their management scope.

3.2. Completing organizational structures, appointing, dismissing, or proposing appointments, dismissals, or removals of positions within the inspectorate at the same level. Assigning capable and virtuous cadres to inspection work.

3.3. Based on the orientation program of the superior inspectorate agency, directing the development and approval of inspection programs and plans for subordinate inspectorate agencies.

3.4. Regularly listening to reports from subordinate inspectorate agencies and reporting to superior inspectorate agencies about inspection activities at their level. Promptly resolving difficulties and obstacles in inspection work.

3.5. Handling complaints, denunciations, and receiving citizens according to the law.

3.6. Ensuring financial resources, materials, and working conditions for inspectorate agencies to operate in accordance with regulations of the Ministry of National Defense.

4. Inspection activities in agencies and units without a Defense Inspectorate prescribed in Clause 1 and Clause 2 of Article 6 of Decree No. 26/2006/NĐ-CP are specified as follows:

4.1. Agencies and units equivalent to or above regiment level without an inspectorate are specified as follows:

a) Departments directly under the Ministry of National Defense; the General Staff Department; the Political Bureau and general departments.

b) Departments at the bureau level under military regions, military branches, Border Guard Command, corps, and services; regiments, naval battalions of the Border Guard, brigades, divisions, Naval Zones.

c) People's Militia Committees at the district, county, and town levels under provinces and centrally-administered cities.

d) Military schools of military regions and military zones, academies, and schools under general departments, military branches, and the Border Guard Corps.

4.2. Tasks of officers concurrently performing inspection work:

a) Receiving, registering, and classifying complaint and denunciation letters. Advising the same-level commander in handling complaints and denunciations according to the law on complaints and denunciations, receiving citizens, and implementing preventive measures and anti-corruption efforts as prescribed by law and the Ministry of National Defense.

b) Checking, urging, and monitoring the implementation of conclusions, recommendations, and decisions made after inspections conducted by higher-level inspectors at their own agencies and units. Reporting on the completion of tasks as required, participating in training courses organized by higher-level inspectors.

5. The organizational system of the Defense Inspectorate prescribed in Point g Clause 1 of Article 7 of Decree No. 26/2006/NĐ-CP is specified as follows:

5.1. The agencies and units equivalent to corps and branches that have inspection include:

a) Academies, schools, centers, hospitals under the Ministry of National Defense.

b) General corporations, military groups under the Ministry of National Defense.

c) Some agencies directly under the Ministry of National Defense; general departments currently having specialized inspections.

5.2. Based on the force organization planning of the Military in each period, to ensure unified organization, staffing, and equipment throughout the entire Inspection sector, inspection agencies at all levels shall be responsible for building specific organizations, staffing, and equipment, reporting to the Party Committee, commanders at the same level, and higher-level inspection agencies. The Inspection Department of the Ministry of National Defense shall be responsible for compiling, building, and coordinating with relevant functional agencies of the Ministry of National Defense regarding the organization, staffing, and equipment of the entire Inspection sector before submitting to the Central Military Commission's Party Committee and the Minister of National Defense for decision.

a) Organization of inspection agencies:

- The Inspection Department of the Ministry of National Defense has the Chief Inspector, Deputy Chief Inspectors; departments: Army Inspector, Branch Inspector, Logistics and Technical Inspector, Examination and Appeal Inspector, Office of the Inspection Department of the Ministry of National Defense, Science and Summary Board, Permanent Anti-Corruption Expert Board, Finance Board, and Political Board.

- Regional Military Inspection Departments, provincial-level Military Inspection Departments; branch inspection departments, Border Guard, General Staff, Political General Department, and other general departments have Chief Inspectors, Deputy Chief Inspectors, Inspectors, and public reception officers.

- Corps and branch inspection departments and equivalents have Chief Inspectors, Inspectors, and public reception officers.

- Military hospitals under the Ministry of National Defense have Inspectors.

b) Specific staffing of the Military Inspection system, groups of positions, and rank ceilings for inspection cadres throughout the army are decided by the General Staff and the Political General Department after coordinating with the Chief Inspector of the Ministry of National Defense.

5.3. The appointment, dismissal, and removal of the Chief Inspector, Deputy Chief Inspectors, and other positions within the Inspection Department of the Ministry of National Defense and inspection agencies at various levels shall be carried out according to the provisions of the Law on Officers of the Vietnam People's Army and the Inspection Law. The appointment and revocation of Inspector cards shall be implemented according to the Inspection Law and government regulations on Inspectors.

5.4. Inspection agencies of the Military that have their own seals include:

a) The Inspection Department of the Ministry of National Defense, the Office of the Inspection Department of the Ministry of National Defense;

c) Provincial-level Military Inspection Departments;

b) Regional Defense Inspectorate;

d) General Staff Inspection Department, Political General Department, and other general departments;

e) Border Guard Inspection Department.

đ) Military Branch Inspectorate;

6. The administrative inspection and specialized inspection functions of the Inspection Department of the Ministry of National Defense, regional Military Inspection Departments, and provincial-level Military Inspection Departments, and the tasks and powers of the Inspection Department of the Ministry of National Defense in specialized inspection are stipulated in Clause 1, Article 8 of Decree No. 26/2006/ND-CP, specifically as follows:

6.1. The function of administrative inspection is: To inspect the implementation of policies, laws, tasks, directives, orders, decisions of commanders at the same level concerning agencies, units, and individuals under their authority.

6.2. The function of specialized inspection is:

a) Inspection of national defense tasks: To inspect or coordinate with inspection agencies of ministries, sectors, and localities to conduct inspections of the implementation of national defense policies, laws, tasks, and state plans according to the management authority of commanders at the same level over agencies, organizations, and individuals.

6.3. The content of managing and directing specialized inspection agencies organized in some agencies and units includes:

a) Agencies and units with specialized inspection agencies shall cooperate with the Inspection Department of the Ministry of National Defense to unify the establishment of staffing and organization for their specialized inspection agencies before submitting to the competent authority for decision.

b) The Inspection Department of the Ministry of National Defense shall be responsible for directing specialized advisory activities while organizing training, guiding operations, summarizing, and concluding with specialized inspection agencies under the Ministry of National Defense.

7. The powers of the Chief Inspector of the Ministry of National Defense stipulated in Clause 9, Article 10 of Decree No. 26/2006/ND-CP, specifically as follows:

Agencies and units directly under the Ministry of National Defense shall be responsible for exchanging and coordinating with the Chief Inspector of the Ministry of National Defense on the appointment, dismissal, removal, transfer out of the profession, and discharge from active service of Chief Inspectors and Deputy Chief Inspectors at the same level. If the Chief Inspector of the Ministry of National Defense does not agree or has different opinions, the agencies and units must study and find new personnel to ensure agreement before submitting to the competent authority for decision.

8. The tasks and powers of the Chief Inspector of the provincial-level Military Inspection Department in assisting the provincial military commander in establishing inspection plans stipulated in Clause 2, Article 13 of Decree No. 26/2006/ND-CP, specifically as follows:

8.1. Annually, the Chief Inspector of the provincial-level Military Inspection Department shall be responsible for developing the program and plan for inspections of agencies and units under the provincial military command, submitting to the Provincial Military Commander for approval and organizing the implementation of these programs and plans in accordance with the law.

8.2. The Chief Inspector of the provincial-level Military Inspection Department shall be responsible for proactively coordinating with the provincial inspection agency to assist the Provincial Military Commander in developing the program and plan for inspections of the implementation of annual national defense tasks in the province, submitting to the Chairman of the Province for approval and organizing the implementation of these programs and plans in accordance with the law.

8.3. Annual inspection plans must be approved by the competent authority before December 31 of the previous year.

8.4. Inspection plans must clearly reflect the following contents: The content of inspections in the coming year; the objects of inspection; time; location of conducting inspections; members of the inspection team; means, materials, sources of funding to ensure inspection activities.

9. Inspectors and Inspection Collaborators of the Military Inspection Department stipulated in Clause 1, Article 15 of Decree No. 26/2006/ND-CP, specifically as follows:

9.1. In addition to the standards of Officers of the Vietnam People's Army, Military Inspectors must meet the following standards:

a) Loyal to the Fatherland and the Constitution of the Socialist Republic of Vietnam. Possess good moral qualities, have a high sense of responsibility, be honest, truthful, fair, and impartial.

b) Hold a bachelor's degree, possess knowledge of state administration and legal knowledge. For specialized inspectors, they must also have specialized knowledge relevant to their field.

c) Inspectors at defense inspection agencies at all levels must hold positions corresponding to their assigned tasks as follows:

- Inspectors at the Ministry of National Defense's Inspection Agency must have held the position of Regiment Commander or equivalent.

- Inspectors at the General Staff's Inspection Agency; Political Bureau's General Department and other general departments; military regions; military branches; corps must have held the position of Regiment Commander or equivalent.

- Border Guard Inspectors must have held the position of Border Guard Post Commander or equivalent.

- Inspectors at provincial-level defense inspection agencies must have held the position of Battalion Commander or equivalent.

- Specialized and technical inspectors must have qualifications corresponding to the requirements and tasks assigned.

9.2. Defense Inspector Collaborators: Individuals not from the defense inspectorate sector, possessing expertise and vocational skills suitable for the content of inspections, requested by the defense inspectorate agency to participate partially or in specific inspections.

The remuneration standards for Defense Inspector Collaborators are stipulated according to the general regulations of the Government.

10. The duration of inspections as specified in point c, Clause 2, Article 18 of Decree No. 26/2006/NĐ-CP is detailed as follows:

The time for each administrative inspection at each level of inspection shall be carried out in accordance with the provisions of Decree No. 26/2006/NĐ-CP. The time for each specialized inspection shall not exceed 30 days (including extension periods), excluding holidays and weekends.

11. The authority to approve plans and issue inspection decisions as specified in Clause 1 and Clause 2, Article 19 of Decree No. 26/2006/NĐ-CP is detailed as follows:

11.1. Authority to Approve Inspection Plans

a) The Chief Inspector of the Ministry of National Defense is responsible for drafting the inspection program and plan to submit to the Minister of National Defense for approval. The Chief Inspectors at all levels are responsible for drafting the inspection program and plan to submit to the commander at the same level for approval.

b) In cases where it is necessary to adjust the annual inspection program and plan, the Chief Inspectors at all levels shall prepare a written request for adjustment and submit it to the commander at the same level for approval.

11.2. Within 15 days from the date of receipt of the inspection program and plan document or the document requesting adjustment of the inspection plan, the commanders at all levels are responsible for reviewing, deciding, and notifying the inspection agency and related agencies.

11.3. The authority and responsibility of the commander at the same level to issue sudden inspection decisions are as follows:

a) Sudden inspections can be conducted when discovering signs of violations by agencies, organizations, or individuals, or upon the requirement for handling complaints and reports. Sudden inspections are proposed by the Chief Inspector to the commander at the same level for decision-making or assigned by the commander at the same level.

b) The Chief Inspector submits a proposal to the commander at the same level to issue a sudden inspection decision. Within five days from the date of receiving the proposal for conducting a sudden inspection from the Chief Inspector, the commander at the same level is responsible for reviewing, deciding, and informing the Chief Inspector at the same level.

12. The delegation of authority to conclude inspections as specified in Clause 2, Article 20 of Decree No. 26/2006/NĐ-CP is detailed as follows:

12.1. Delegation of Authority to Conclude Inspections: Delegation is only for individual inspections.

12.2. Method of Delegating Authority to Conclude Inspections: Delegation must be conducted in writing, which may be recorded in the inspection decision or in a separate document.

12.3. The inspection conclusion document is signed by the person delegated, stamped with the seal of the delegating agency or the inspection agency at the same level.

13. Responsibilities of agencies, units, and individuals subject to inspection in implementing inspection conclusions, recommendations, and decisions on handling as specified in Clause 2, Article 23 of Decree No. 26/2006/NĐ-CP are detailed as follows:

After receiving inspection conclusions, recommendations, and decisions on handling, agencies, units, and individuals subject to inspection are responsible for implementing the contents, deadlines, requirements, recommendations, and decisions on handling inspections accurately and completely.

a) Issuing and organizing the implementation of decisions within their authority to handle administrative and economic matters against agencies, organizations, or individuals who violate the law.

b) Issuing decisions to recover money and assets from violators.

c) Requesting the commanders of subordinate agencies and units to take administrative and economic measures against agencies, organizations, or individuals who violate the law and report the results of such measures.

d) Applying measures within their authority to address weaknesses and deficiencies in management work; revising, supplementing, or recommending higher authorities to apply measures to address and improve mechanisms, policies, and laws.

đ) Within 30 days, they must report the results of implementation to the agency that issued the inspection conclusion.

e) For inspections, investigations, and resolution of complaint and denunciation cases, they shall implement according to the provisions of the law on complaints and denunciations.

g) If agencies, units, or individuals subject to inspection fail to comply with or comply inadequately with inspection conclusions, recommendations, and decisions on handling, the inspection agency will require the direct supervisors of the inspected entities to apply measures within their authority to compel compliance.

h) If agencies, units, or individuals subject to inspection intentionally fail to comply or if the direct supervisors of the inspected entities are negligent or deliberately cover up, they will be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the nature and severity of the violation.

14. Implementation Organization

This Circular takes effect 15 days from the date of publication in the Official Gazette.

Previous regulations contrary to this Circular are abolished.

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