Decree No. 117/2006/NĐ-CP On the Organization and Operation of Industrial Inspection

DECREE

On the organization and operation of the Industrial Inspectorate

_________________________

THE GOVERNMENT

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

Pursuant to the Inspection Law dated June 15, 2004;

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

Considering the proposal of the Minister of Industry,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Position and Functions

The Industrial Inspectorate is a state inspection organization that performs administrative inspection functions and specialized inspection functions within the scope of state management over industry as prescribed by law.

Article 2. Objects of the Industrial Inspectorate

1. Organizations and individuals under the direct management of the state administration for industry.

2. Vietnamese organizations and individuals and foreign organizations and individuals in Vietnam participating in activities within the scope of state management over industry as prescribed by law. In cases where international treaties to which Vietnam is a party provide different provisions from this Decree, the provisions of such international treaties shall apply.

Article 3. Principles of Operation

1. Activities of the Industrial Inspectorate must comply with the law, ensuring accuracy, objectivity, truthfulness, transparency, democracy, and timeliness; not obstructing the normal operations of inspected organizations and individuals.

2. When conducting inspections, the person issuing the inspection decision, the head of the inspection agency, the Chief of the Inspection Team, the Inspector, and the members of the Inspection Team must strictly adhere to the legal regulations on inspection and bear legal responsibility for their actions and decisions.

Article 4. Working Relationships

1. The Ministry of Industry's Inspectorate is directly guided by the Minister of Industry (hereinafter referred to as the Minister), while also being guided and instructed on work, organization, and inspection procedures by the Government Inspectorate.

2. The Provincial Department of Industry's Inspectorate is directly guided by the Director of the Provincial Department of Industry (hereinafter referred to as the Director), while also being instructed on administrative inspection work procedures by the Provincial Inspectorate and instructed on specialized inspection procedures by the Ministry of Industry's Inspectorate.

3. The Industrial Inspectorate has the responsibility to coordinate with other relevant state inspection agencies to avoid overlap and enhance the effectiveness of inspection, supervision, prevention, and handling of violations of the law.

Article 5. Authority and Responsibilities of the Head of the State Management Agency in Industrial Inspection Activities

1. The Minister has the authority to approve the annual inspection work program and is responsible for organizing and directing activities, improving the organization of the Ministry of Industry's Inspectorate; ensuring financial conditions, technical equipment, uniforms, and other necessary conditions to support the activities of the Ministry of Industry's Inspectorate; promptly addressing conclusions and recommendations of the Ministry of Industry's Inspectorate in accordance with the law.

2. The Chairman of the People's Committee at the provincial level is responsible for directing the Director of the Provincial Department of Industry to improve the organization, ensure funding, staffing, technical equipment, uniforms, and other necessary conditions for the activities of the Provincial Department of Industry's Inspectorate.

3. The Director has the authority to approve the annual inspection work program and is responsible for organizing and directing activities, improving the organization of the Provincial Department of Industry's Inspectorate; promptly addressing conclusions and recommendations of the Provincial Department of Industry's Inspectorate in accordance with the law.

Article 6. Responsibilities of organizations and individuals subject to inspection and related organizations and individuals

1. Organizations and individuals subject to inspection shall have the responsibility, authority, and obligations to implement the provisions set forth in Articles 8, 53, and 54 of the Inspection Law.

2. Organizations and individuals possessing information and documents related to the inspection content must provide them fully and promptly according to the requirements of the inspection agency and shall bear responsibility for the accuracy and truthfulness of the provided information and documents.

Chapter II

ORGANIZATION, TASKS, AND AUTHORITY OF INDUSTRY INSPECTION

Article 7. Industry Inspection Organization

1. Industry Inspection includes:

a) Industry Ministry Inspection (hereinafter referred to as Ministry Inspection);

b) Industry Department Inspection (hereinafter referred to as Department Inspection).

2. The inspection organizations specified in Clause 1 of this Article shall have their own seals and separate accounts.

Article 8. Ministry Inspectorate

1. The Ministry Inspection is an agency of the Industry Ministry, responsible for assisting the Minister in state management of inspection work, performing administrative inspection tasks and specialized inspection tasks within the scope of the Industry Ministry's state management.

2. The Ministry Inspection has a Chief Inspector, Deputy Chief Inspector, and Inspectors. The appointment, dismissal, and removal of the Chief Inspector and Deputy Chief Inspector shall be carried out in accordance with the provisions of the law.

3. The Ministry Inspection may organize departments; the Minister shall specify in detail the functions, tasks, authorities, organizational structure, and staffing of the Ministry Inspection.

Article 9. Tasks and Authorities of the Inspectorate of the Ministry

1. Inspect the implementation of policies, laws, tasks of agencies, units, and individuals under the direct management of the Industry Ministry.

2. Inspect compliance with industrial policies and laws by agencies, organizations, and individuals within the scope of the Industry Ministry’s state management.

3. Administer administrative penalties in accordance with the provisions of the law on handling administrative violations.

4. Perform tasks related to resolving complaints and petitions in accordance with the provisions of the law on complaints and petitions.

5. Carry out tasks related to preventing and combating corruption in accordance with the provisions of the law on prevention and combat against corruption.

6. Guide industry inspection business to Department Inspections; guide and inspect units under the Ministry to implement the provisions of the law on inspection work and complaint and petition resolution.

7. Request relevant agencies and units to assign officials and civil servants to join the inspection team.

8. Recommend to competent state agencies to suspend the enforcement or revoke regulations found to be contrary to the law through inspection activities.

9. Monitor, inspect, and urge the implementation of conclusions, recommendations, and decisions made by the Ministry Inspection.

10. Summarize and report on inspection work, complaint and petition resolution, and anti-corruption efforts within the scope of the Industry Ministry's state management.

11. Summarize experiences, draw lessons, and develop inspection procedures within the scope of the Industry Ministry's state management.

12. Perform other tasks and authorities as prescribed by law.

Article 10. Tasks and Authorities of the Chief Inspector of the Ministry

1. Lead and direct inspection work within the scope of the Industry Ministry's state management.

2. Develop inspection programs and plans to submit to the Minister for decision-making and organize their implementation.

3. Submit to the Minister for decision-making to conduct inspections when signs of law violations are discovered.

4. Recommend the Minister to temporarily suspend the execution of incorrect inspection decisions made by agencies and units under the direct management of the Industry Ministry.

5. Impose administrative penalties in accordance with the law on handling administrative violations.

6. Recommend the Minister to consider responsibility and handle individuals who violate laws within the Minister's jurisdiction; coordinate with heads of agencies and organizations in considering responsibility and handling individuals who violate laws within the jurisdiction of those agencies and organizations.

7. Recommend the Minister to resolve issues related to inspection work. If such a recommendation is not accepted, report to the General Inspector.

8. Recommend the Minister to handle overlaps and duplications in inspection and supervision programs, plans, and contents within the scope of the Industry Ministry's state management; advise and assist the Minister in coordinating with the Chairman of the People's Committee of the province to resolve overlaps in inspection and supervision programs, plans, and contents at the provincial level.

9. Monitor, inspect, and urge the implementation of inspection conclusions, recommendations, and decisions within the responsibility of the heads of agencies and units under the Industry Ministry's management.

10. Guide and urge the heads of agencies and units under the Industry Ministry's management to comply with the provisions of the law on inspection; coordinate with the heads of agencies and units under the Ministry to direct, guide, and organize internal inspection activities in those agencies and units.

11. Inspect and supervise the responsibility of the heads of agencies and units under the Industry Ministry's management in implementing laws on inspection, complaint, and petition resolution.

12. Report to the Minister and the General Inspector on inspection work within their responsibilities.

13. Lead the Ministry Inspection Agency to perform tasks and authorities as prescribed by the Inspection Law.

Article 11. Department Inspectorate

1. The Department Inspectorate is an organ of the Industry Department, responsible for assisting the Department Director in performing administrative inspection and specialized inspection tasks within the scope of the Department Director's duties and powers.

2. The Department Inspectorate includes the Chief Inspector, Deputy Chief Inspector, and Inspectors. The appointment, removal, and dismissal of the Chief Inspector and Deputy Chief Inspector shall be carried out in accordance with the provisions of the law.

3. The Department Director shall specify the functions, tasks, powers, and staffing of the Department Inspectorate.

Article 12. Tasks and Powers of the Department Inspectorate

1. Inspect the implementation of policies, laws, and tasks of agencies and units directly under the management of the Industry Department.

2. Inspect the compliance with industrial policies and laws by agencies, organizations, and individuals within the management scope of the Industry Department.

3. Administer administrative penalties in accordance with the provisions of the law on handling administrative violations.

4. Perform tasks related to resolving complaints and petitions in accordance with the provisions of the law on complaints and petitions.

5. Carry out tasks related to preventing and combating corruption in accordance with the provisions of the law on prevention and combat against corruption.

6. Guide and inspect units under the Department to implement legal regulations on inspections, complaints, and denunciations; coordinate with heads of agencies and units under the Department to direct and guide internal inspection organization and activities in those agencies and units.

7. Request relevant agencies and units to assign officials and civil servants to join the inspection team.

8. Propose to competent state authorities to suspend or revoke national regulations found to be contrary to the law through inspection activities.

9. Monitor, inspect, and urge the implementation of conclusions, recommendations, and decisions made by the Department Inspectorate.

10. Summarize and report on inspection work, complaint resolution, and anti-corruption efforts within the management scope of the Industry Department.

11. Summarize and draw lessons from inspection work.

12. Perform other tasks and authorities as prescribed by law.

Article 13. Tasks and Powers of the Chief Inspector of the Department

1. Lead and direct inspection work within the management scope of the Industry Department.

2. Develop inspection programs and plans to be decided by the Department Director and organize their implementation.

3. Submit to the Department Director for decision on conducting inspections when signs of law violations are discovered.

4. Recommend that the Department Director temporarily suspend the execution of incorrect inspection decisions made by organizations under the Department's management.

5. Impose administrative penalties in accordance with the law on handling administrative violations.

6. Recommend that the Department Director consider responsibility and handle persons who violate laws within the Department's management.

7. Recommend that the Department Director resolve issues related to inspection work. If such recommendation is not accepted, report to the Chief Inspector of the Province or the Chief Inspector of the Ministry if deemed necessary.

8. Lead the Department Inspectorate in performing tasks and powers as prescribed by the Inspection Law and other legal regulations.

9. Lead and direct inspection work, guide, and inspect inspection activities of agencies and units under the management scope of the Department Director.

10. Monitor, inspect, and urge the implementation of inspection conclusions, recommendations, and decisions within the responsibility scope of heads of agencies and units under the Department's management.

11. Guide and urge heads of agencies and units under the Department's management to implement legal regulations on inspections, complaint resolution, and denunciations.

12. Report to the Department Director and the Chief Inspector of the Province on inspection work within their responsibility scope.

Chapter III

INSPECTORS AND ASSISTANT INSPECTORS OF THE INDUSTRY DEPARTMENT

Article 14. Industrial Inspectors

1. Industrial Inspectors are civil servants under the Ministry of Industry and the Department of Industry, appointed to the inspector rank to carry out administrative inspections and specialized industrial inspections.

2. Industrial Inspectors have the following duties and powers:

a) Implement tasks and powers as prescribed by laws on inspection and laws on industry.

b) Imposing administrative penalties or recommending competent authorities to impose administrative penalties according to the law.

3. The standards for Industrial Inspectors shall be implemented in accordance with Article 31 of the Inspection Law.

4. Recruitment, appointment, removal from office, and issuance of identification cards for Industrial Inspectors shall be carried out in accordance with the provisions of the law.

Article 15. Collaborators of Industrial Inspectors

1. Collaborators of Industrial Inspectors are individuals not included in the establishment of the Industrial Inspectorate agency, called upon to perform inspection tasks at the request of the inspection agency or competent authority.

Collaborators of Industrial Inspectors work according to the assignment of the head of the inspection agency or the Chief of the Inspection Team.

2. Collaborators of Industrial Inspectors must have good political qualities; sense of responsibility, honesty, objectivity, fairness; appropriate professional qualifications for assigned tasks.

3. Industrial Inspectorates may use Collaborators of Industrial Inspectors in accordance with the provisions of the law.

Chapter IV

ACTIVITIES OF INDUSTRIAL INSPECTORS

Article 16. Administrative Inspection Activities

1. Inspect the implementation of policies, laws, and assigned tasks by organizations and individuals under the management of the Minister and the Department Director.

2. Carry out the task of handling complaints and denunciations in accordance with the Complaints and Denunciations Law.

3. The content, form, procedure, and process of conducting administrative inspections shall be implemented in accordance with Articles 34 to 44 of the Inspection Law and guiding documents for implementing the Inspection Law.

Article 17. Specialized Inspection Activities

1. Inspect the implementation of policies, laws, and assigned tasks by organizations and individuals engaged in industrial activities, including the following sectors:

a) Machinery, metallurgy;

b) Electricity, new energy, renewable energy;

c) Oil and gas, mining and mineral processing;

d) Chemicals;

đ) Industrial explosives;

e) Consumer industry, food industry, and other processing industries nationwide;

g) Other industrial activities within the scope of state management of the Ministry of Industry and within the scope of state management of the Department of Industry as prescribed by law.

2. Handle complaints and denunciations in industrial activities within the scope of state management of the Ministry of Industry and within the scope of state management of the Department of Industry.

3. The content, form, procedure, and process of conducting specialized inspections shall be implemented in accordance with Articles 45 to 52 of the Inspection Law and guiding documents for implementing the Inspection Law.

Chapter V

UNIFORMS, BADGES, INFRASTRUCTURE, AND OPERATING EXPENSES

Article 18. Uniforms and Badges

1. Industrial Inspectors have their own uniforms and badges.

It is strictly prohibited for other organizations and individuals to use similar uniforms and badges that cause confusion with Industrial Inspectors.

2. The Minister shall prescribe the uniforms and badges of Industrial Inspectors after coordinating with the General Inspector.

Article 19. Material and Technical Bases

1. Industrial Inspection organizations have offices for conducting work and are equipped with means and equipment to serve inspection activities.

2. The Minister, Department Director shall stipulate working means and equipment for Industrial Inspection agencies in accordance with the provisions of the law.

Article 20. Operating Expenses

1. The operating funds of Industrial Inspection are provided from the state budget and other sources of funding as prescribed by law.

2. The issuance, management, and utilization of funds shall be carried out in accordance with the State Budget Law and related legal documents.

Chapter VI

REWARD AND DISCIPLINARY ACTION FOR VIOLATIONS

Article 21. Awards

Organizations and individuals who achieve merits in Industrial Inspection activities shall be awarded in accordance with the provisions of the law.

Article 22. Handling of Violations

Organizations and individuals who abuse their positions and powers to violate the regulations on inspection, this Decree, infringe upon the lawful rights and interests of organizations and individuals operating in the industrial sector, obstruct Industrial Inspection activities, bribe, retaliate against those performing inspection duties, or retaliate against complainants and accusers shall be subject to disciplinary, administrative, or criminal responsibility depending on the nature and severity of the violation, and shall be required to compensate for losses in accordance with the law if damage is caused.

Chapter VII

IMPLEMENTING PROVISIONS

Article 23. Effectiveness of Implementation

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

Article 24. Responsibility for Implementation

1. The Minister of Industry shall be responsible for guiding the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the central government shall be responsible for enforcing this Decree./.