Circular No. 124/TT-TTr guiding the organization of state inspection agencies

CIRCULAR OF THE STATE AUDITOR

Guidelines on the organization of state audit organizations

Pursuant to the Inspection Ordinance promulgated by the State Council on April 1, 1990, and Decree No. 244-HĐBT dated June 30, 1990, of the Council of Ministers, the State Auditor provides guidelines on the organization of state audit organizations as follows;

I. GENERAL PRINCIPLES

1. All state management agencies at the county level and above must establish specialized state audit organizations (not to be merged with other specialized organizations and vice versa).

Agencies and units without state management functions shall have their heads responsible for organizing and implementing inspection and audit systems as stipulated in Article 10 of Decree No. 244-HĐBT dated June 30, 1990, of the Council of Ministers.

2. The organizational structure of state audit organizations must ensure the performance of the functions, tasks, and powers of each state audit organization as prescribed in the Inspection Ordinance and Decree No. 244-HĐBT dated June 30, 1990, of the Council of Ministers, taking into account the characteristics of the economic and social structures and the nature of state management tasks of their respective levels and sectors.

3. Staff members with good political qualities, knowledge of state administration, economic and social management, professional expertise, and necessary qualifications should be assigned to ensure that state audit organizations can effectively perform their inspection functions.

4. The responsibility system and working relationships between the Chief Inspector and Deputy Chief Inspectors shall be implemented according to the head system.

II. ORGANIZATION OF MINISTRY INSPECTORS AND NATIONAL COMMISSIONS,
AGENCIES UNDER THE COUNCIL OF MINISTERS
(HEREINAFTER REFERRED TO AS MINISTRY INSPECTORS)

Based on Articles 13, 14, and 15 of the Inspection Ordinance and Article 2 of Decree No. 244-HĐBT dated June 30, 1990, of the Council of Ministers, the following guidelines on the organization of ministry inspectors are provided:

1. Each Ministry shall establish only one ministry inspector organization comprising state inspection activities under the Ministry; it shall be directly guided by the Minister and supervised in terms of work, organization, and professional matters by the State Inspector.

- The organizational structure of the ministry inspector may, depending on specific circumstances of each Ministry, establish departments or inspection teams based on different fields or operate under a direct chief inspector system with inspectors and specialists.

- For Ministries managing vertically or primarily vertically (such as Defense, Interior, State Bank...), the organization and leadership relationship of the Ministry Inspector with the inspection organizations of subordinate agencies with state management functions shall be specified in the organizational and operational regulations of the Ministry Inspector.

2. The Ministry Inspector shall have a Chief Inspector and Deputy Chief Inspectors. If a Ministry has two Deputy Chief Inspectors or more, one Deputy Chief Inspector shall be designated as the permanent Deputy. In cases where a Vice Minister serves as the Chief Inspector, they shall not hold another position concurrently. The Chief Inspector shall be accountable to the Minister and directly accountable to the State Inspector regarding all inspection work within the scope of the Ministry's state management.

3. The specific organization of each Ministry Inspector shall be regulated in the organizational and operational regulations of the Ministry Inspector decided by the Minister after consultation with the State Inspector.

III. ORGANIZATION OF PROVINCE INSPECTORS AND CITY INSPECTORS
DIRECTLY UNDER THE CENTRAL GOVERNMENT AND EQUIVALENT LEVELS
(HEREINAFTER REFERRED TO AS PROVINCE INSPECTORS)

Based on Articles 16, 17, and 18 of the Inspection Ordinance and Article 3 of Decree No. 244-HĐBT dated June 30, 1990, of the Council of Ministers, the organization of province inspectors is defined as follows:

1. The organizational structure of the province inspector includes the following departments:

Department of Economic and Social Inspection: Assists the leadership of the Province Inspector in state management and exercising inspection rights over economic and social affairs.

Department of Complaints and Appeals Inspection: Assists the leadership of the Province Inspector in state management and exercising inspection rights in complaints and appeals handling work.

Office - Consolidation: Assists the leadership of the Province Inspector in monitoring and consolidating the inspection activities in the province, developing inspection programs and plans, guiding and supervising relevant sectors and levels in the province to implement them. Managing provincial inspectors within the authority of the Chief Inspector of the Province, implementing organizational tasks, building inspection forces, implementing policies, training, and upgrading staff. Organizing guidance on inspection procedures for inspectors and people's inspectors. Managing administrative, management, and service work for daily operations of the Province Inspector leadership.

For provinces and cities where it is deemed truly necessary in the field of economic and social inspection, two or three departments may be established: (Department of Economic Inspection, Department of Internal Affairs - Cultural and Social Inspection) or (Department of Economic Inspection - Production Sector, Department of Economic Inspection - Circulation Sector, Department of Internal Affairs - Cultural and Social Inspection).

3. Regarding the staffing of province inspectors, the following guidelines apply:

The City Inspector of Hanoi and Ho Chi Minh City shall have a minimum staffing of 60 persons.

The Special Zone Inspector of Vung Tau - Con Dao, Quang Binh, Quang Tri, Quang Ngai, and Thua Thien Hue shall have a minimum staffing of 20 persons.

The Inspectors of other provinces and cities shall have a minimum staffing of 30 persons.

IV. ORGANIZATION OF DEPARTMENT INSPECTORS

1. Based on Article 19 of the Inspection Ordinance and Articles 4 and 5 of Decree No. 244-HĐBT dated June 30, 1990, of the Council of Ministers, the department inspector is a specialized inspection organization with its own seal (not to be merged with other specialized organizations and vice versa).

2. The Department Inspector shall have a Chief Inspector and one Deputy Chief Inspector. The Chief Inspector shall be directly accountable to the Director of the Department and the Chief Inspector of the Province regarding all inspection work within the scope of the Department's state management; the Deputy Chief Inspector shall assist the Chief Inspector in overseeing certain areas of work; each inspector shall carry out tasks assigned directly by the Chief Inspector or Deputy Chief Inspector.

3. The staffing of the Department Inspector shall be determined based on the specific requirements of the Department's state management tasks but must ensure a minimum staffing of three persons.

The organization and staffing of the Department Inspector shall be proposed by the Director of the Department, submitted by the Chief Inspector of the Province to the Chairman of the Provincial People's Committee for decision.

4. For agencies under the Ministries of National Defense, Interior, State Bank, etc., which are directly directed by the Ministry, the inspection organizations of these agencies shall operate according to the regulations on the organization and activities of the Ministry's Inspection.

V. ORGANIZATION OF PROVINCE'S DISTRICT, CITY-DISTRICT, TOWN'S INSPECTION (HEREINAFTER REFERRED TO AS DISTRICT INSPECTION)

1. Based on Articles 20, 21, and 22 of the Inspection Ordinance and Article 3 of Decree No. 244-HĐBT dated June 30, 1990 of the Council of Ministers, each district, city-district, town must establish a specialized state inspection organization with its own seal (not merged with other specialized organizations and vice versa).

2. The District Inspection has an Inspector-in-Chief and one Deputy Inspector-in-Chief: The Inspector-in-Chief is responsible directly to the People's Committee of the district and the Inspector-in-Chief of the province for all inspection work within the scope of state management of the People's Committee of the district; The Deputy Inspector-in-Chief assists the Inspector-in-Chief in managing a specific field of work; each inspector performs tasks assigned directly by the Inspector-in-Chief or the Deputy Inspector-in-Chief.

3. Regarding the staffing of the District, City-District, Town Inspections, the following guidelines apply:

The staffing of the District and Town Inspections is a minimum of 5 people.

The staffing of the City-District and Province-Town Inspections is a minimum of 7 people.

VI. STATE INSPECTION AT COMMUNE, WARD, TOWN

Based on Article 23 of the Inspection Ordinance and Article 6 of Decree No. 244-HĐBT dated June 30, 1990 of the Council of Ministers, at commune, ward, town, there is no separate inspection organization but the state inspection function is carried out by the People's Committee at the same level. The Chairman of the People's Committee of the commune, ward, town directly oversees; each member of the Committee is responsible for inspection in their respective fields of work.

The Chairman of the People's Committee of the commune, ward, town is responsible to the People's Committee of the commune, ward, town and the Inspector-in-Chief of the district for all inspection work within the scope of state management of their locality.

Based on this Circular, the Minister, Head of the State Administration Committee, Heads of other agencies under the Council of Ministers, Chairmen of the People's Committees of provinces, cities, centrally governed municipalities shall direct the establishment and improvement of inspection organizations and personnel to ensure necessary conditions so that inspection organizations can fulfill their tasks and contribute to the implementation of state management functions at each level and sector.

Any issues arising during implementation should be discussed with the State Inspection for amendments and supplements./.