Decision No. 1151/QD-TTr Issuing the "Regulation on the Organization and Operation of Inspection under the Ministry of Transport"

Pursuant to …;

Issuing the "Regulation on the Organization and Activities of the Ministry of Transport's Inspection"

Based on the Inspection Law dated March 29, 1990, of the State Council and Decree No. 244/HĐBT dated June 30, 1990, of the State Council regarding the organization of the state inspection system and measures to ensure inspection activities;

Based on Decree No. 15/CP dated March 23, 1993, of the Government;

To enhance the effectiveness of inspection work, contribute to strengthening the effectiveness of state management, strictly implement state policies and laws, promote socialist democracy;

At the proposal of the Chief Inspector of the Ministry and with the agreement of the State Inspector General,

DECISION:

Article 1. This Decision hereby promulgates the "Regulation on the Organization and Activities of the Ministry of Transport's Inspection."

Article 2. This Decision takes effect from the date of signature. All previous regulations contrary to this Regulation shall be abolished.

Article 3. The Chief Inspectors of the Ministry, the Chief of the Ministry's Office, Heads of Departments, Heads of Units under the Ministry, and Heads at all levels within the industry are responsible for implementing this Decision.

The Chief Inspector of the Ministry is responsible for monitoring, guiding, and inspecting the implementation of this Decision.

REGULATIONS

ORGANIZATION AND INSPECTION ACTIVITIES
OF THE MINISTRY OF TRANSPORT

(Issued together with Decision No. 1151-QĐ-TTR dated June 12, 1993
of the Minister of the Ministry of Transport).

PART I
GENERAL PROVISIONS

Article 1. Within the scope of state management of the Ministry of Transport, inspection is an essential function of the Ministry, a means of ensuring legal compliance, enhancing discipline in state management, and implementing socialist democratic rights.

Article 2. The Minister is responsible for organizing and directing inspection activities; examining and resolving complaints and reports; and being accountable for inspection work before competent state authorities.

Article 3. Heads of agencies and units under the Ministry are responsible for implementing self-inspection and inspection systems within their areas of responsibility as prescribed by law and Article 10 of Decree No. 244-HĐBT dated June 30, 1990, of the State Council (now the Government).

Article 4. Functional Departments of the Ministry have the responsibility to inspect and establish inspection systems according to their specialized professional duties and to coordinate with the Ministry of Transport's Inspectorate in inspection activities. When necessary, they propose the Minister or the Chief Inspector of the Ministry to issue inspection decisions.

Article 5. The State Inspectorate under the Ministry of Transport:

1. The Ministry of Transport's Inspectorate:

The Ministry of Transport's Inspectorate is an organization within the Ministry's structure; it also belongs to the state inspectorate system. The Ministry of Transport's Inspectorate is directly guided by the Minister and supervised in terms of work, organization, and inspection procedures by the State Inspectorate.

The Inspectorate carries out inspection powers within the scope of the Ministry's state management and oversees inspection work for agencies and units directly managed by the Minister.

2. The Inspectorate of the Bureau:The Inspectorate of the Bureau is an organization within the Bureau Director's support machinery; it also belongs to the state inspectorate system.

The Bureau Inspectorate is directly guided by the Bureau Director and supervised in terms of work, organization, and inspection procedures by the Ministry of Transport's Inspectorate.

The Bureau Inspectorate carries out inspection powers within the scope of the Bureau's state management and oversees inspection work for agencies and units directly managed by the Bureau Director.

Article 6. Inspection subjects and related organizations and individuals must comply with inspection requests, recommendations, and decisions as prescribed by law.

During the inspection process, inspected subjects have the right to explain and appeal against inspection conclusions, recommendations, and decisions.

PART II
ORGANIZATION, DUTIES, AND LIMITS OF THE MINISTRY'S INSPECTORATE

Article 7. The Ministry's Inspectorate consists of:

The Chief Inspector of the Ministry.

Deputy Chief Inspectors of the Ministry, including one Deputy Chief Inspector assigned to perform permanent duties.

Inspectors.

Staff members.

The Ministry's Inspectorate operates under a chief executive system. Inspectors and staff members work directly under the Chief Inspector and Deputy Chief Inspectors.

The Chief Inspector of the Ministry is directly accountable to the Minister and simultaneously accountable to the State Inspector General for all inspection work within the scope of the Ministry's state management.

Deputy Chief Inspectors assist the Chief Inspector and carry out tasks assigned by the Chief Inspector; they are accountable to the Chief Inspector for those tasks.

The permanent Deputy Chief Inspector is authorized by the Chief Inspector to handle and manage the general affairs of the Ministry's Inspectorate when the Chief Inspector is absent.

The Ministry's Inspectorate may use cooperating inspectors in inspection activities as prescribed by the Government.

In inspection activities, the Ministry's Inspectorate may use its own seal according to the common model of the State Inspectorate. When necessary, it may use the seal of the Ministry of Transport.

Article 8. Appointment and removal of positions in the Ministry's Inspectorate:

The appointment and removal of the Chief Inspector of the Ministry are proposed by the Minister to the State Inspector General for decision by the Government.

The appointment and removal of Deputy Chief Inspectors of the Ministry are proposed by the Chief Inspector of the Ministry to the Minister of the Ministry of Transport for decision.

The Chief Inspector of the Ministry and Deputy Chief Inspectors of the Ministry must meet the qualifications of inspectors as stipulated in the Inspector Regulation.

The appointment and removal of inspectors are carried out according to the provisions of the Inspector Regulation issued together with Decree No. 191-HĐBT dated June 18, 1991, of the State Council (now the Government).

Article 9. Duties and powers of the Ministry's Inspectorate:

1. Inspect the implementation of policies and laws by state agencies, economic and social organizations, and citizens within the scope of the Ministry of Transport's state management authority.

Inspect the implementation of policies, laws, and assigned tasks by agencies, units, and individuals directly managed by the Minister.

2. Carry out tasks assigned by the State Inspector General.

3. Resolve complaints and reports that have been resolved by heads of agencies and units directly managed by the Minister but where the parties still complain, new evidence is discovered, or the resolution shows signs of violating the law.

Recommend the Minister to resolve complaints and reports within the Minister's jurisdiction.

4. Guide and inspect heads of agencies and units directly managed by the Minister to implement state regulations on inspection work and the examination and resolution of complaints and reports.

5. Temporarily suspend the implementation, amendment, or revocation of recommendations, decisions that are incorrect regarding inspection work of the Inspection Bureau, of agencies and units directly under the management of the Minister.

6. Direct the inspection work, organization, and inspection business of the Inspection Bureau, of agencies and units directly under the management of the Minister. Guide specialized inspection business for the Transportation Inspection Department, Public Works and Transport, and guide business for the People's Inspection Committees of agencies and units directly managed by the Ministry. When necessary, assign the People's Inspection Committee to check certain cases.

7. Recommend to the Minister to resolve issues related to inspection work. In case the recommendation is not accepted, have the right to reserve and report to the State Inspector General for resolution.

8. Implement the reporting system with the Minister and the State Inspector General on inspection work, examination, and handling of complaints and denunciations.

9. During the inspection process, the Ministry’s Inspection has the rights as stipulated in Article 9 of the Inspection Ordinance.

Article 10. The Ministry’s Inspection specifically represents the following tasks and powers:

1. Develop the inspection work program, the program for examining and resolving complaints and denunciations. Organize and direct the implementation of the inspection plan of the Ministry for units under the Ministry.

2. Decide to establish an Inspection Team, appoint inspectors to conduct inspections and audits. Appoint personnel from the Ministry’s Inspection to be members of the State Inspector General’s Inspection Team, inter-departmental teams at the request of the competent authority.

3. Coordinate with the Departments and functional Units of the Ministry and take the lead in advising the leadership of the Ministry to establish Inspection Teams decided by the Minister. Coordinate with inspections of other Ministries, sectors, levels, with legal authorities, mass media, with people's organizations, with People's Inspection Committees to enhance inspection work, improve the quality and effectiveness of inspection work.

4. Supervise and urge inspected entities to implement recommendations and decisions on inspections. AApply measures to ensure the effectiveness of inspections. Continue to handle issues after the Inspection Team has completed its mission.

5. For negative incidents, corruption within the sector reported by mass media, the Ministry’s Inspection is authorized, based on conclusions made according to the authority prescribed, to respond or request the head of the agency or unit with authority to conclude - respond.

6. Draft regulatory documents in the field of inspection work within the authority of the Minister. Guide the implementation of issued documents. Participate in opinions on determining the organizational structure of the inspection system of the Ministry of Transport.

7. Summarize experience, compile, and monitor exemplary activities in inspection work of the sector, contribute to building and developing inspection theory.

Assist the Minister in summarizing the inspection work of the entire sector; organize specialized conferences on inspection, examination, and resolution of complaints and denunciations.

8. Propose the appointment of Inspectors according to the regulations stipulated in the Inspector Regulation. Coordinate with the Personnel and Labor Department in organizing training and upgrading Inspectors, dedicated Inspectors; organize training courses on inspection business.

9. Receive citizens and assist the Minister in receiving citizens who are complaining or denouncing.

10. Supervise the responsibility of heads of agencies and units in the sector in implementing laws and regulations on inspection work, citizen complaints, and denunciations.

Article 11. The Chief Inspector of the Ministry has the power:

1. Temporarily suspend the execution of disciplinary decisions, job transfer decisions of heads of agencies and units directly under the management of the Minister; of heads of units being inspected against persons cooperating with the inspection organization or being inspected subjects - if it is deemed that the execution of the decision hinders the progress of the inspection.

For those not under the management of the Ministry of Transport, recommend the competent authority to resolve.

2. Warn and temporarily suspend the work of state employees of agencies and units directly under the management of the Minister who intentionally obstruct inspections or fail to comply with inspection requests, recommendations, and decisions. For heads of agencies and units directly under the management of the Minister, recommend the Minister to decide. For those not under the management of the Minister, recommend the competent authority to decide.

3. Protest the decision on handling complaints of the Chief Inspector of the Bureau.

4. Exercise other powers as provided in Article 9, Article 14 of the Inspection Ordinance related to inspected objects and agencies, units, and individuals concerned within the scope of management of the Ministry of Transport and Article 15 of Decree 38-HĐBT of the Council of Ministers (now the Government) on the enforcement of the Complaints and Denunciations Ordinance.

CHAPTER III
ORGANIZATION, TASKS, POWERS OF THE INSPECTION BUREAU

Article 12. The Inspection Bureau consists of:

Chief Inspector of the Bureau

Deputy Chief Inspector of the Bureau

Inspectors and some staff members.

The Inspection Bureau operates under a chief executive system. Inspectors and staff members work directly under the Chief and Deputy Chief Inspectors of the Bureau.

The Chief Inspector of the Bureau is directly responsible to the Director of the Bureau, and at the same time is responsible to the Chief Inspector of the Ministry for all inspection work within the scope of the Bureau's administrative management.

The Deputy Chief Inspector of the Bureau assists the Chief Inspector of the Bureau and performs tasks assigned by the Chief Inspector of the Bureau, and is responsible to the Chief Inspector of the Bureau for those tasks.

The Inspection Bureau may use collaborators in inspection activities as prescribed by the Government.

In inspection activities, the Inspection Bureau may use its own seal according to the common model of the State Inspector General.

The appointment and removal of the Chief Inspector of the Bureau are proposed by the Director of the Bureau to the Chief Inspector of the Ministry for the Minister's decision.

The appointment and removal of the Deputy Chief Inspector of the Bureau are proposed by the Chief Inspector of the Bureau to the Director for decision.

The Chief Inspector of the Bureau and the Deputy Chief Inspector of the Bureau must meet the qualifications of Inspectors as stipulated in the Inspector Regulation.

The appointment and removal of Inspectors at the Inspection Bureau are carried out according to the Inspector Regulation promulgated together with Decree 191-HĐBT (now the Government) dated June 18, 1991.

The organizational structure of the Inspection Department shall be decided by the Director after obtaining the agreement of the Chief Inspector of the Ministry.

Article 13. Duties and powers of the Inspection Department:

Inspect the implementation of policies and laws concerning state agencies, economic, cultural, social organizations, and citizens under the specialized administrative management authority of the Bureau.

Inspect the implementation of policies, laws, and assigned tasks of agencies and units directly managed by the Director.

2. Recommend to the Director to resolve complaints and petitions within the Director's jurisdiction.

Resolve complaints and petitions that have been addressed by the heads of agencies and units directly managed by the Director but the parties continue to appeal or new violations are discovered.

3. Guide and inspect the implementation of regulations on inspection work and the examination and resolution of complaints and petitions by the heads of agencies and units directly managed by the Director.

Temporarily suspend decisions made by the heads of agencies and units mentioned above regarding inspection work that are deemed incorrect; simultaneously recommend to the Director for resolution.

4. Recommend to the Director to resolve issues related to inspection work. In case the recommendation is not accepted, the right to retain the opinion and report to the Chief Inspector of the Ministry for review is granted.

5. Provide guidance on people's inspection business to subordinate agencies and units of the Bureau. When necessary, assign people's inspection to check specific cases.

6. Perform tasks assigned by the Ministry's Inspectorate.

7. Regularly report the inspection program and plan and the performance of duties to the Director and the Chief Inspector of the Ministry.

Article 14. The Chief Inspector of the Bureau has the right:

1. Temporarily suspend the execution of disciplinary decisions or job transfer decisions by the heads of agencies and units directly managed by the Director if such actions hinder the inspection process. For decisions made by heads of agencies and units not directly managed by the Director, recommendations should be made to the competent authority for decision.

2. Warn or temporarily suspend the work of state employees of agencies and units directly managed by the Director who intentionally obstruct inspections or fail to comply with inspection requests and decisions. For heads of agencies and units directly managed by the Director, recommendations should be made to the Director for decision; for those not under the Director's management, recommendations should be made to the competent authority for decision.

3. The Chief Inspector of the Bureau has the right to issue Inspection Decisions and advise the Director to issue Inspection Decisions for agencies, units, organizations, and individuals within the specialized administrative management authority of the Bureau.

4. The Chief Inspector of the Bureau exercises other rights stipulated in Article 9 of the Inspection Ordinance and relevant agencies, units, and individuals within the specialized administrative management authority of the Bureau.

PART IV
SPECIALIZED INSPECTION AT PRODUCTION AND BUSINESS UNITS, ADMINISTRATIVE ORGANIZATIONS
BUSINESS AND ADMINISTRATIVE AGENCIES

Article 15. The head of the unit directly directs inspection work and examines citizen complaints and petitions; implements Article 3 of this regulation.

Article 16. Specialized and large-scale units with unique characteristics organize inspection boards or departments.

Other General Companies, Research Institutes, Schools... have dedicated inspectors or staff responsible for inspection work, and some part-time staff as required.

Enterprises under the Bureau, member enterprises of General Companies, Research Institutes... have dedicated inspectors or staff responsible for inspection work, which may also include additional part-time responsibilities based on production and business nature and scale.

Article 17. Organizations or inspectors, staff engaged in inspection work (as per Article 16) are directly led, directed, and managed by the unit head regarding inspection activities and checks.

The direct leadership, direction, and management of inspection and check activities by the unit head should not be linked to the management of inspectors and staff engaged in inspection work by the department head where they belong.

Organizations or inspectors, staff engaged in inspection work carry out inspection and check tasks assigned by the unit head. Assist the unit head in developing inspection work programs and plans. Assist the unit head in examining and resolving complaints and petitions within their jurisdiction according to the Citizen Complaints and Petitions Ordinance.

Article 18. The establishment of inspection boards or departments and the appointment of dedicated inspectors or staff for inspection work are decided by the unit head based on Article 16 of this regulation.

CHAPTER V
RELATIONSHIP OF WORK BETWEEN THE MINISTRY'S INSPECTORATE AND RELATED AGENCIES, UNITS, AND ORGANIZATIONS UNDER THE MINISTRY
AUTHORITIES, UNITS, AND ORGANIZATIONS UNDER THE MINISTRY RELATED TO

Article 19. The Ministry's Inspectorate and functional departments advising the Ministry closely cooperate to effectively perform inspection work.

Functional departments of the Ministry propose content for inspection through the implementation of inspection systems, participate in building inspection programs, and send staff to join inspection teams when required.

Article 20. Heads of agencies and units directly managed by the Ministry implement reporting systems to the Ministry (through the Ministry's Inspectorate) on inspection programs and plans; examination and resolution of complaints and petitions within their units regularly and urgently (when necessary).

Article 21. The Ministry's Inspectorate performs tasks recorded in Articles 9 and 10 of this Regulation for agencies and units directly managed by the Minister. Provide guidance on people's inspection work to units directly managed by the Ministry when requested. Guidance can be provided in writing or directly at the Ministry's Inspectorate or at the unit.

The Ministry's Inspectorate entrusts inspectors in agencies and units directly managed by the Ministry to provide regular guidance on inspection work to people's inspectors.

Article 22. Regarding the Transport Department's Inspectorate:

The Ministry's Inspectorate provides guidance on specialized inspection work to the Transport Department's Inspectorate. Exchange experiences with Transport Departments and Public Works Departments to unify specialized inspection work.

Within the delegated authority, the Ministry's Inspectorate may collaborate with the Department Directors and the Department's Inspectorates to jointly conduct specialized inspections.

When submitting regular reports to the provincial inspection agency, the departmental inspector shall also send the report to the Ministry of Transport's inspection agency.

Article 23. Regarding the authority to decide on inspections.

The bases for issuing inspection decisions under Article 29 of the Inspection Ordinance.

The Minister and the Chief Inspector of the Ministry have the authority to issue inspection decisions concerning agencies, organizations, and individuals within the scope of the Ministry’s state management.

Depending on the nature of the case and the requirements of the inspection, the Minister or the Chief Inspector of the Ministry will sign the decision to establish the Ministry’s inspection team, with the inspection team leader appointed by the Ministry’s Inspectorate. Other members of the inspection team will be proposed by the Inspectorate and relevant departments.

The Ministry’s Inspectorate has the right to request functional departments, units related to the industry, to assign personnel to join the inspection team established by the Chief Inspector of the Ministry.

Chapter VI
REWARDS AND DISCIPLINE

Article 24. Agencies, organizations, and individuals who achieve outstanding results in inspection activities shall be rewarded according to the general reward system of the State.

Any person who abuses their position or power in inspection for personal gain or other personal motives, thereby infringing upon the lawful rights and interests of agencies, organizations, citizens; anyone obstructing, bribing, retaliating against inspection staff or those cooperating with inspection organizations, or violating other provisions of the law on inspection, shall be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the nature and severity of the violation as stipulated by law.

Article 25. The Ministry shall allocate from 1 to 5 percent of the amount embezzled or lost funds discovered through inspections and recovered for the public treasury to establish an inspection activity fund for the entire sector.

The Chief Inspector of the Ministry has the authority to decide on the allocation of contributions and propose rewards from this fund for approval by the Ministry.

The Director of the Accounting and Finance Department and the Chief Inspector of the Ministry are responsible for formulating regulations on the management and use of this fund for approval by the Ministry to guide implementation./.