Circular No. 128/2021/TT-BCA stipulates the procedures for specialized inspections conducted by the People's Public Security Force.

 

CIRCULAR

Regulations on specialized inspection procedures

of the People's Public Security Forces

Based on the Inspection Law dated November 15, 2010;

Pursuant to the Law on People's Police dated November 20, 2018;

Pursuant to Decree No. 86/2011/NĐ-CP dated September 22, 2011 of the Government detailing and guiding the implementation of certain provisions of the Inspection Law;

Pursuant to Decree No. 07/2012/ND-CP dated February 9, 2012 of the Government stipulating the agencies entrusted with the function of specialized inspection and specialized inspection activities;

Pursuant to Decree No. 01/2018/NĐ-CP dated August 6, 2018 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

Pursuant to Decree No. 41/2014/NĐ-CP dated May 13, 2014 of the Government stipulating the organization and operation of inspections by the People's Public Security Force;

Pursuant to Decree No. 25/2021/NĐ-CP dated March 24, 2021 of the Government amending and supplementing certain articles of Decree No. 41/2014/NĐ-CP dated May 13, 2014 of the Government stipulating the organization and operation of inspections by the People's Public Security Force;

At the proposal of the Inspector General of the Ministry of Public Security;

The Minister of Public Security issues this Circular stipulating the specialized inspection procedures for the People's Public Security Force.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the principles, forms, authority, and procedures and formalities for conducting specialized inspections by the People's Public Security Force.

Article 2. Applicability

This Circular applies to:

1. Units under the Ministry’s agency, provincial public security organs, city-level public security organs directly under the central government, county-level public security organs, district-level public security organs, town-level public security organs, township-level public security organs under cities directly under the central government, village-level public security organs, ward-level public security organs, town-level public security organs (hereinafter referred to as public security units and localities).

2. Heads of inspection agencies, Chief Inspectors, Deputy Chief Inspectors, members of specialized inspection teams, persons assigned to monitor the situation.

3. Agencies, organizations, individuals who are the objects of inspection or related to the specialized inspection activities of the People's Public Security Force.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. "Re-inspection" means reviewing, evaluating, and handling the Inspection Conclusion when signs of violation of laws are discovered during the inspection process and issuance of the Inspection Conclusion.

2. "Inspection period" is the time frame for implementing policies, laws, tasks, and powers delegated or compliance with specialized laws, regulations on professional-technical matters, management rules within the industry or field of the inspected object, which is reviewed and evaluated in an inspection, determined in the Inspection Decision.

3. “"Inspection duration" is the time period calculated from the date of announcing the Inspection Decision to the end of the direct inspection at the inspected location, excluding days off as prescribed by law.

4. "Related party who is the object of inspection" refers to spouse; biological father, mother; father, mother-in-law or father-in-law, mother-in-law; children, brothers, sisters by blood or by marriage.

Article 4. Principles of Inspection

1. To comply with the provisions of Article 7 of the Inspection Law, Article 6 of Decree No. 41/2014/NĐ-CP dated May 13, 2014 of the Government stipulating the organization and operation of inspections by the People's Public Security Force; the provisions of this Circular and other relevant legal provisions.

2. Inspection activities shall be carried out under the head system. Members of the inspection team must comply with decisions and directives of the Chief Inspector; heads of the main organizing agencies and the Chief Inspector must comply with decisions and directives of the decision-making authority.

3. Members of the inspection team, the Chief Inspector, heads of the main organizing agencies have the right to reserve their opinions regarding the results of the assigned tasks.

Article 5. Forms of Inspection

1. Specialized inspections shall be conducted in the following forms:

a) Inspections according to approved plans;

b) Surprise inspections.

2. Surprise inspections shall be conducted in the following cases:

a) When discovering that agencies, organizations, or individuals have signs of violating laws concerning national security, social order, and safety;

b) At the request of handling complaints, reports, and anti-corruption measures;

c) As assigned by the competent authority with jurisdiction.

Article 6. Authority to Issue Inspection Decisions

1. The Minister of Public Security shall issue inspection decisions:

a) In areas under the State management authority of the Ministry of Public Security for ministries, ministerial-level agencies, agencies attached to the Government; provincial People's Committees (hereinafter referred to as provincial People's Committees);

b) For surprise inspections when signs of violation of laws are discovered; complex complaints, denunciations, anti-corruption cases;

c) To re-inspect cases that have been concluded by the Inspector General of the Ministry of Public Security but where signs of violation of laws have been found or complex complaints and denunciations related to multiple levels, sectors, and localities are involved.

2. The Inspector General of the Ministry of Public Security shall issue inspection decisions:

a) In areas under the State management scope of the Ministry of Public Security according to plans approved by the Minister of Public Security;

b) For surprise inspections of ministries, sectors, corporations, state-owned enterprises operating nationwide or involving multiple localities and provincial People's Committees upon assignment by the Minister of Public Security;

c) To re-inspect cases that have been concluded by the Director of the Fire Prevention and Fighting Police Department; the Provincial Public Security Chief upon assignment by the Minister of Public Security.

3. The Provincial Public Security Chief shall issue inspection decisions:

a) Of agencies, organizations, and individuals in areas under State management according to plans approved by the Minister of Public Security;

b) Upon proposal by the Provincial Public Security Inspectorate Chief (hereinafter referred to as the Provincial Public Security Inspectorate Chief);

c) For surprise inspections of the responsibilities of department directors, sector heads, and county People's Committee Chairmen within their jurisdiction; when signs of violation of laws are discovered; complex complaints, denunciations, anti-corruption cases; cases assigned by the Minister of Public Security, the Provincial People's Committee Chairman, or requested by the Inspector General of the Ministry of Public Security;

d) To re-inspect cases that have been concluded by the Provincial Public Security Inspectorate Chief.

4. The Director of the Fire Prevention and Fighting Police Department shall issue inspection decisions:

a) Of agencies, organizations, and individuals in the field of fire prevention, firefighting, and rescue according to plans approved by the Minister of Public Security;

b) For surprise inspections when signs of violation of laws on fire prevention, firefighting, and rescue are discovered within their jurisdiction; cases assigned by the Minister of Public Security or requested by the Inspector General of the Ministry of Public Security.

5. The Provincial Public Security Inspectorate Chief shall issue inspection decisions:

a) Of agencies, organizations, and individuals within the State management scope according to plans approved by the Provincial Public Security Chief;

b) For surprise inspections when signs of violation of laws are discovered, or complex complaints, denunciations, anti-corruption cases within the Provincial Public Security's jurisdiction; cases assigned by the Provincial Public Security Chief.

Article 7. Supervision of Inspection Team Activities

1. The person issuing the inspection decision shall be responsible for directing the supervision of the Inspection Team's activities. If necessary, the person issuing the inspection decision shall issue a supervision decision regarding the Inspection Team's activities.

2. The head of the agency or unit entrusted with leading the inspection shall be responsible for supervising members participating in the Inspection Team.

3. The Inspection Team leader and team members shall be responsible for promptly providing complete, accurate, and objective information and documents; explaining and clarifying issues related to the supervision content as required by the supervisor.

Article 8. Changing the Head of the Inspection Team, Deputy Head, and Members of the Inspection Team; Amending and Supplementing the Content of the Inspection Plan

1. The person issuing the inspection decision shall examine and change the Head of the Inspection Team in the following cases:

a) Committing any of the prohibited acts as stipulated in Article 13 of the Inspection Law;

b) Having a spouse, father, mother, father-in-law, mother-in-law, son, adopted child, brother, sister, brother-in-law, sister-in-law, or brother-in-law, sister-in-law working at the inspected agency, organization, or unit, or having a close relative who is the subject of the inspection;

c) Failing to meet the requirements and tasks of the inspection, lacking sufficient health, or for other objective reasons that prevent them from continuing to perform the inspection tasks;

d) The Head of the Inspection Team not complying with the information reporting system, directives, and management of the person issuing the inspection decision;

đ) The person issuing the inspection decision has grounds to believe that the Head of the Inspection Team lacks the capacity to complete the inspection tasks;

e) The Head of the Inspection Team being assigned another task according to the requirements of the competent authority.

2. The person issuing the inspection decision shall examine and change the Deputy Head and members of the Inspection Team in the following cases:

a) Belonging to one of the cases specified in points a and c of Clause 1 of this Article;

b) Having a spouse, father, mother, son, adopted child, brother, or sister who is the head, deputy head, personnel affairs officer, accountant, cashier, or warehouse manager of the inspected agency, organization, or unit, or having a close relative who is the subject of the inspection;

c) Not complying with the information reporting system, directives, and management of the Head of the Inspection Team;

d) Ensuring the progress and quality of the inspection or meeting other requirements arising during the inspection process.

The change of the Head of the Inspection Team, the change and supplementation of the Deputy Head and members of the Inspection Team must be decided in writing by the person issuing the inspection decision.

3. Amending and supplementing the content of the inspection plan shall be carried out in the following cases:

a) At the request of the person issuing the inspection decision;

b) The Head of the Inspection Team proposes to amend and supplement the content of the inspection plan;

c) During the inspection, important issues are discovered that require amendment or were not included in the inspection plan;

d) The amendment and supplementation of the inspection plan must not exceed the scope of the inspection already determined in the Inspection Decision.

The Head of the Inspection Team must seek the opinion of the Head of the main agency or unit conducting the inspection on the content of the amendment and supplementation of the inspection plan before submitting it to the person issuing the inspection decision for examination and decision.

Article 9. Procedures and Formalities for Changing the Head of the Inspection Team, Deputy Head, and Members of the Inspection Team, and Supplementing the Deputy Head and Members of the Inspection Team

1. Changing the Head of the Inspection Team:

a) In the case of changing the Head of the Inspection Team as prescribed in Clause 1 of Article 8 of this Circular, the person issuing the inspection decision requests the Head of the direct managing agency or unit of the Head of the Inspection Team to submit a proposal for changing the Head of the Inspection Team along with a draft decision on changing the Head of the Inspection Team and related documents (if any);

b) The person issuing the inspection decision bases their decision on the proposal and other relevant information about the activities of the Inspection Team to issue a decision on changing the Head of the Inspection Team.

2. Changing the Deputy Head and members of the Inspection Team:

a) In the case of changing the Deputy Head and members of the Inspection Team as prescribed in Clause 2 of Article 8 of this Circular, the Head of the Inspection Team informs the Head of the direct managing agency or unit of the Deputy Head and members of the Inspection Team and submits a proposal to the person issuing the inspection decision to change the Deputy Head and members of the Inspection Team;

b) The person issuing the inspection decision bases their decision on the proposal of the Head of the Inspection Team and other relevant information about the activities of the Inspection Team to issue a decision on changing the Deputy Head and members of the Inspection Team.

3. Supplementing the Deputy Head and members of the Inspection Team

When deemed necessary based on the requirements of performing the inspection tasks, the Head of the Inspection Team discusses and agrees with the Head of the direct managing and using agency or unit of the proposed supplementary member, prepares a proposal and a draft decision on supplementing the Deputy Head and members of the Inspection Team to submit to the person issuing the inspection decision. The proposal must clearly state the reason, name, and position of the person to be supplemented. If the person issuing the inspection decision disagrees with the proposal to supplement the Deputy Head and members of the Inspection Team, they must inform the proposer and provide the reason.

4. The decision on changing the Head of the Inspection Team, changing and supplementing the Deputy Head and members of the Inspection Team must be sent to the inspected entity.

Article 10. Inspection Team's Logbook

1. The Inspection Team's logbook shall include the following contents:

a) Time, location, and activities carried out on that day;

b) Guidance and management opinions of the decision-making inspector, the head of the inspection team (if applicable);

c) Time, location, and content of meetings and consultations held by the inspection team;

d) Difficulties and obstacles arising during the inspection team's activities (if any);

đ) Matters requiring attention.

2. The head of the inspection team shall assign a member of the inspection team to be responsible for recording and managing the Inspection Team's logbook. In case the Inspection Team's logbook is lost or damaged, the head of the inspection team must report to the decision-making inspector for examination and resolution.

Chapter II

PROCEDURE AND PROCEDURAL REQUIREMENTS FOR INSPECTION

Section 1

PREPARATION FOR INSPECTION

Article 11. Understanding the situation, collecting information and documents for issuing the Inspection Decision

1. Before issuing the Inspection Decision, where necessary, the head of the inspection agency shall direct the understanding of the situation, collection of information and documents, analysis, and evaluation of the necessity based on the approved work plan for inspections; complaints, reports, anti-corruption measures to serve the issuance of the Inspection Decision.

2. Assigning officials to understand the situation must be documented in writing; the time for understanding the situation shall not exceed ten working days. At the latest five working days from the end of the understanding process, the results must be reported to the person who assigned the task.

3. Officials assigned to understand the situation when conducting work with agencies, organizations, or individuals must present: The document assigning officials to understand the situation; People's Public Security Identity Card or Inspection Card.

4. Officials assigned to understand the situation shall not engage in harassment, causing difficulties, or inconvenience to agencies or organizations required to provide information or request information outside the scope of their assigned tasks.

5. Methods of collecting information and documents, understanding the situation:

a) Studying and compiling information from the press, petitions, complaints, reports, and anti-corruption measures related to the planned inspection content;

b) Collecting information and documents, understanding the situation at agencies responsible for state management in the relevant industry or field of the planned inspection and individuals, organizations, or units scheduled for inspection;

c) When necessary, inspection officials shall directly interview those involved.

Article 12. Inspection Decision

1. Issuing the Inspection Decision must be based on one of the following grounds:

a) Annual inspection plan;

b) Request of the head of the state management agency;

c) When signs of law violations are detected;

d) Requirement of complex complaints, reports, or anti-corruption measures or assigned by the head of the police at the same level.

2. The Inspection Decision must clearly record the following contents:

a) Date of issuance of the Inspection Decision;

b) Legal basis for inspection;

c) Scope, subject, content, and mission of the inspection;

d) Inspection deadline;

đ) Head of the inspection team, inspectors, and other members of the inspection team.

3. Within five working days (in case of urgent Inspection Decisions, within three working days), from the date of signing, the Inspection Decision must be sent to the superior inspection agency (for reporting), the inspected entity, and related agencies, organizations, or individuals as prescribed by law.

Article 13. Construction and approval of the plan to conduct inspection

1. Within five working days (in case of surprise inspection, not exceeding three working days), from the date of signing the Inspection Decision, the Head of the Inspection Team shall be responsible for constructing the plan to conduct the inspection of the Inspection Team and submitting it to the person issuing the inspection decision for approval.

2. The plan to conduct the inspection includes the following contents:

a) Purpose, requirements; scope, content, subjects; period and time limit of the inspection;

b) Methods of conducting the inspection; progress schedule, information reporting system; equipment, devices, funds and other material conditions necessary to serve the activities of the Inspection Team;

c) Implementation organization.

Article 14. Construction of the Outline Requesting the Inspected Object to Report

1. Based on the Inspection Decision and the plan to conduct the inspection, within three working days, the Head of the Inspection Team shall be responsible for directing and organizing the construction of the Outline Requesting the Inspected Object to Report.

2. Five working days before announcing the Inspection Decision, the Head of the Inspection Team shall send a document to the inspected object along with the Outline Requesting the Inspected Object to Report. The request document must clearly state the content, format, and deadline for the report.

3. The Outline Requesting the Inspected Object to Report includes the following contents:

a) Situation and characteristics related to the inspected object, inspection content, and impacts, influences, issues that need to be reported, explained, commented on, and evaluated (if applicable) regarding the compliance with laws by the inspected object;

b) Current status of compliance with laws by the inspected object according to each inspection content;

c) Difficulties, obstacles, and proposals, recommendations (if applicable).

Article 15. Publicizing the Plan to Conduct the Inspection

1. The Head of the Inspection Team organizes a meeting of the team to publicize and assign tasks to each member; discuss methods of conducting the inspection; measures for cooperation among team members.

2. The Head of the Inspection Team concludes each item to ensure uniform implementation; when necessary, the Head of the Inspection Team organizes training for team members. The meeting minutes of the Inspection Team are recorded and kept in the Inspection File.

3. Members of the Inspection Team construct their work plans based on assigned tasks and report them to the Head of the Inspection Team for approval. The work plan of the Inspection Team member includes the following contents:

a) Specific tasks assigned;

b) Objectives and requirements;

c) Methods and ways of conducting;

d) Time of implementation;

d) Proposals (if applicable).

Article 16. Notification of the Announcement of the Inspection Decision

1. Before announcing the Inspection Decision, the person issuing the inspection decision or the Head of the Inspection Team shall notify in writing about the announcement of the Inspection Decision to the inspected object.

2. The notification content must clearly state the time, location, participants, and program of the Inspection Decision announcement.

Section 2

CONDUCTING INSPECTIONS

Article 17. Announcing the Inspection Decision

1. At the latest fifteen working days from the date of signing the Inspection Decision, the Head of the Inspection Team shall be responsible for announcing the Inspection Decision. In cases where necessary, the person issuing the inspection decision may chair the announcement or delegate the head of the agency or unit in charge of the inspection to announce the Inspection Decision.

2. Participants at the announcement of the Inspection Decision include:

a) The Inspection Team;

b) Heads of agencies and organizations and individuals who are the inspected objects;

c) In cases where necessary, the Head of the Inspection Team may invite the heads of superior agencies or organizations directly overseeing the inspected object and relevant agencies, organizations, and individuals to attend the announcement of the Inspection Decision.

3. When announcing the Inspection Decision, the Head of the Inspection Team must clearly state the tasks, powers of the Inspection Team, the scope and time period of the inspection, rights and responsibilities of the inspected object, the planned schedule of the Inspection Team's work, and other related contents. The announcement of the Inspection Decision is recorded in minutes and kept in the Inspection File.

Article 18. Conducting inspection

1. Collecting information, files, and documents related to the inspection content:

a) The Head of the Inspection Team and members of the Inspection Team request the inspected entity to report according to the outline; request the inspected entity, agencies, organizations, and individuals to provide information, files, and documents related to the inspection content;

b) The handover and receipt of files and documents shall be recorded in a protocol in accordance with the provisions of the law.

2. Checking and verifying information and documents:

a) The Head of the Inspection Team and members of the Inspection Team are responsible for studying the collected information and documents to clarify the inspection content;

b) Evaluating the implementation of policies, laws, functions, tasks, and authorities of the inspected entity related to the inspection content; requesting persons responsible and those involved to explain issues that lack sufficient basis for conclusion;

c) In cases where it is necessary to check, verify information and documents or clarify issues related to the inspection content, the Head of the Inspection Team or the person issuing the inspection decision shall invite the inspected entity, representatives of agencies, organizations, units, and individuals involved to work or request the inspected entity to report.

3. When discovering violations by the inspected entity, the Head of the Inspection Team and members of the Inspection Team shall record the violation protocol of the inspected entity.

If the administrative violation falls within the authority to impose penalties of the Inspector or the Head of the Inspection Team, a protocol of administrative violation must be promptly established and a penalty decision issued in accordance with the law.

If the administrative violation does not fall within the authority to impose penalties of the person recording the protocol, the protocol and other documents must be transferred to the agency or person authorized to impose penalties within twenty-four hours from the time of recording the protocol.

4. Upon completion of the inspection at each agency, organization, or individual being inspected, the Inspection Team must establish an Inspection Protocol or a Protocol recording the inspection results.

Article 19. Reporting on the progress and results of inspection tasks

1. Progress and results reporting on the implementation of tasks are conducted in writing and clearly state the following contents:

a) The progress of implementing the inspection task up to the date of the report;

b) The content of completed inspection results;

c) The content of ongoing inspections;

d) Anticipated work to be carried out in the near future;

đ) Difficulties, obstacles, and recommendations, proposals (if any);

2. Responsibility for reporting:

a) Members of the Inspection Team report the results of implementing inspection tasks to the Head of the Team;

b) The Head of the Inspection Team reports the progress and results of implementing tasks to the person issuing the inspection decision;

c) The Head of the Inspection Team directs and handles recommendations of team members; if exceeding authority, report to the person issuing the inspection decision for consideration and decision.

3. Reports on the results of assigned tasks by team members must be transferred to the secretary of the Inspection Team for consolidation and retention in the Inspection File in accordance with regulations.

Article 20. Transfer of Files to Investigative Agencies or Other Authorized Agencies

1. During the inspection process or upon completion of the inspection, if violations by the inspected entity or other agencies, organizations, units, or individuals show signs of violating the law or committing crimes not within the authority of the Inspection Team to handle, the Head of the Inspection Team must complete the file, report to the person issuing the inspection decision, and submit a written request and transfer the file and documents to the investigative agency or the agency or person authorized to resolve the matter.

2. Within five working days from the date of discovering criminal signs, the person issuing the inspection decision shall direct the transfer of the case file to the investigative agency or the agency or person authorized to resolve the matter. The Head of the Inspection Team must complete the handover procedures for the case file. The handover protocol for the case file and the directive of the person issuing the inspection decision must be retained in the Inspection File.

Article 21. Extension of Inspection Period

1. The extension of the inspection period shall be carried out in the following cases:

a) Complex inspections, particularly complex inspections involving multiple fields, agencies, units, and areas;

b) Need to seek professional opinions from agencies, organizations, units, or individuals, or to conduct expert appraisals on matters related to the inspection;

c) Need to verify and clarify cases with foreign elements within the scope of the inspection;

d) When the inspected entity, agency, organization, unit, or individual does not cooperate, obstructs, opposes, or creates difficulties for the inspection activities, thereby affecting the inspection period.

2. The extension of the inspection period shall be reviewed and decided by the person issuing the inspection decision. The extension of the inspection period shall not exceed the time limit prescribed in Article 16 of Decree No. 07/2012/ND-CP dated February 9, 2012, on agencies assigned to perform specialized inspection functions and specialized inspection activities, and Article 38 of Decree No. 41/2014/ND-CP dated May 13, 2014, on the organization and operation of People's Public Security Inspection (amended and supplemented by Decree No. 25/2021/ND-CP dated March 24, 2021). In case of force majeure events leading to the inability to continue the inspection, the person issuing the inspection decision shall review and decide to temporarily suspend the inspection, and the suspension time shall not be counted towards the inspection period.

3. The head of the inspection team shall submit a written request for extension of the inspection period to the person issuing the inspection decision. The request shall include the following contents:

a) Time and location;

b) Legal basis for the extension;

c) Reasons for the extension;

d) Duration of the extension;

đ) Object of the extension.

4. The decision to extend the inspection period shall be implemented according to Model No. 25 issued together with Circular No. 54/2017/TT-BCA dated November 15, 2017, of the Ministry of Public Security amending and supplementing Article 1 of Circular No. 60/2014/TT-BCA dated November 18, 2014, on forms used in inspection activities, complaint resolution, and citizen reception of the People's Public Security.

5. The decision to extend the inspection period shall be sent to the inspection team, the inspected entity, and relevant agencies, organizations, units, and individuals.

Article 22. Completion of On-site Inspection

Within two working days from the date of completion of the on-site inspection, the head of the inspection team shall notify in writing the end time of the inspection and send it to the inspected entity.

Section 3

CONCLUSION OF INSPECTION

Article 23. Report on Inspection Results

1. Within fifteen working days from the date of completion of the on-site inspection, based on the inspection team's files and documents, the head of the inspection team shall lead the preparation and completion of the report on inspection results and send it to the person issuing the inspection decision and the Director of Inspection at the same level (if the head of the inspection team is not the Director of Inspection). In case the head of the inspection team cannot continue performing the task due to health reasons or other reasons, the person issuing the inspection decision shall assign the Deputy Head of the inspection team or another member of the inspection team to prepare and submit the report on inspection results until a decision to change the head of the inspection team is made.

2. The head of the inspection team must seek the opinions of the members of the inspection team regarding the draft report on inspection results. Members of the inspection team have the right to reserve their opinions on the content related to the performance of their assigned tasks and other contents of the draft report before the head of the inspection team. Reserved opinions shall be expressed in writing and attached to the report on inspection results sent to the person issuing the inspection decision and kept in the inspection file.

3. When necessary, the head of the inspection team may consult the opinions of relevant agencies, organizations, units, and individuals to ensure accurate, objective comments, evaluations, conclusions, and recommendations for handling violations during the inspection process, and shall be responsible for incorporating and perfecting the report on inspection results of the inspection team.

4. The report on inspection results shall include the following contents:

a) The situation and characteristics of the inspected entity directly related to the inspection content and compliance with the inspection decision;

b) Evaluation of the compliance with policies, laws, functions, duties, and powers of the inspected entity and the causes and responsibilities of agencies, units, and individuals; measures taken or recommended by the inspection team for the competent authority to handle violations during the inspection process; differing opinions when evaluating the compliance with laws of the inspected entity by members of the inspection team (if any);

c) Recommendations and suggestions to the person issuing the inspection decision.

Article 24. Reviewing the Report on the Results of Inspection

1. The person issuing the inspection decision reviews and evaluates the contents in the Report on the Results of Inspection.

2. In cases where it is necessary to clarify or supplement the contents of the Report on the Results of Inspection, the person issuing the inspection decision requests the Head of the Inspection Team and members of the Inspection Team to report or organize a meeting of the Inspection Team with the participation of the Heads of the inspected agencies or units, and the supervisory personnel (if any) to hear the direct report from the Inspection Team.

3. The Head of the Inspection Team organizes a meeting of the Inspection Team to discuss and clarify the Report on the Results of Inspection, completing supplementary reports according to the instructions of the person issuing the inspection decision.

4. The Head of the Inspection Team submits the supplementary report and clarifies the Report on the Results of Inspection to the person issuing the inspection decision along with differing opinions of the members of the Inspection Team (if any).

Article 25. Drafting the Inspection Conclusion

1. After receiving the Report on the Results of Inspection and the supplementary report (if any) from the Inspection Team, the person issuing the inspection decision directs the Head of the Inspection Team to draft the Inspection Conclusion for submission to the person issuing the inspection decision. In case the Head of the Inspection Team cannot continue due to health reasons or other reasons, the person issuing the inspection decision assigns the Deputy Head of the Inspection Team (if there is a Deputy Head) or another member of the Inspection Team to draft and submit the Inspection Conclusion until a decision to change the Head of the Inspection Team is made.

2. The draft Inspection Conclusion includes the following contents:

a) Evaluation of the implementation of policies, laws, functions, duties, and powers of the inspected entity within the scope of the inspection;

b) Conclusions on each content of the inspection as stated in the plan for conducting the inspection;

c) Causes and responsibilities of collectives and individuals for the limitations, deficiencies, and violations discovered;

d) Recommendations on related contents concerning the inspected entity and competent authorities for handling according to the provisions of the law.

3. The draft Inspection Conclusion is submitted by the Head of the Inspection Team to the person issuing the inspection decision after soliciting the opinion of the Head of the inspected agency or unit.

Article 26. Examination and Handling of the Examination Results of the Draft Inspection Conclusion

1. Based on the nature of the inspection, the person issuing the inspection decision assigns a person or unit with examination functions to examine part or all of the draft Inspection Conclusion.

2. Based on the Report on the Results of Examination, the person issuing the inspection decision requests the Head of the Inspection Team to explain and adopt the examination opinions; if clarification of the examination opinions is required, the Head of the Inspection Team works directly with the examiner. In case of differing opinions, the person issuing the inspection decision requires the examiner and the Head of the Inspection Team to explain and clarify.

Article 27. Signing and Issuing the Inspection Conclusion

1. Within fifteen working days from the date of receipt of the Report on the Results of Inspection, the Report on the Results of Examination (if any), and the draft Inspection Conclusion, the person issuing the inspection decision signs and issues the Inspection Conclusion (except in cases where a specialized conclusion from a competent authority is awaited).

2. Before issuing the Inspection Conclusion, if deemed necessary, the person issuing the inspection decision must:

a) Request the Head of the Inspection Team and members of the Inspection Team to report and clarify each inspection content; organize the collection of opinions of the inspected entity on the draft Inspection Conclusion. The content of the meeting is recorded in minutes and kept in the inspection file according to regulations;

b) Seek the opinions of specialized agencies (if deemed necessary);

c) Send the draft Inspection Conclusion to the inspected entity for explanation.

3. The person issuing the inspection decision may issue a supplementary, amended, or substituted Inspection Conclusion when there is evidence that:

a) The Inspection Conclusion does not ensure completeness, accuracy, and objectivity;

b) The Inspection Conclusion affects the interests of the State, the rights, and legitimate interests of agencies, organizations, and individuals.

4. A single inspection may issue multiple Inspection Conclusions to meet timely management requirements; the procedures and formalities for issuing and publicizing supplementary, amended, or substituted Inspection Conclusions are carried out as those for issuing and publicizing the Inspection Conclusion.

5. The Inspection Conclusion is sent to the Heads of the same-level managing agencies, higher-level state inspection agencies; the inspected entity, and other cases as prescribed by law. If the Inspection Conclusion contains state secrets, the person issuing the inspection decision determines the level of confidentiality of the document.

Article 28. Publicizing the Inspection Conclusion

1. Within five working days from the date of issuance of the Inspection Conclusion, the Head of the Inspection Team shall notify the inspected entity in writing about the organization to publicize the Inspection Conclusion according to the directive of the person issuing the Inspection Conclusion.

2. Within ten working days from the date of issuance, the Inspection Conclusion must be publicized, except for Inspection Conclusions containing contents listed in the State Secrets Directory.

3. The publicizing of the Inspection Conclusion shall be carried out as follows:

a) Announcing the Inspection Conclusion at a meeting with participants including the issuer of the Inspection Conclusion or their authorized representative, the Inspection Team, the inspected entity, relevant agencies, organizations, individuals, or organizing a press conference;

b) In addition to publicizing the Inspection Conclusion as prescribed in point a of this clause, the issuer of the Inspection Conclusion decides to implement at least one of the following forms: Announcing on mass media; announcing on the electronic information page of the inspecting agency or the same-level police agency for at least five consecutive days; handing over the Inspection Conclusion to the inspected entity for self-posting at their workplace; the posting period must be at least fifteen consecutive days.

4. The announcement of the Inspection Conclusion at a meeting must be recorded in a minutes document to be kept in the Inspection File and handed over to the inspected entity. If opinions were solicited on the draft Inspection Conclusion, then the Inspection Conclusion should be sent to the inspected entity to organize the implementation of recommendations stated therein.

Article 29. Summarizing the Activities of the Inspection Team

1. The Head of the Inspection Team is responsible for convening a meeting of the Inspection Team to summarize its activities.

2. The content of the summary includes:

a) Evaluation of the inspection results;

b) Evaluation of the performance of duties assigned to the Inspection Team and each member;

c) Summary, lessons learned, recommendations, and proposals of the Inspection Team (if any).

Article 30. Inspection Files

The establishment and management of specialized inspection files shall be carried out in accordance with the provisions of Circular No. 52/2021/TT-BCA dated May 14, 2021, issued by the Ministry of Public Security regarding the inspection file work of the People's Public Security.

Chapter III

IMPLEMENTING PROVISIONS

Article 31. Effective Date

1. This Circular takes effect from February 15, 2022, replacing Circular No. 06/2015/TT-BCA dated January 14, 2015, issued by the Minister of Public Security on the procedures for conducting a specialized inspection by the People's Public Security force.

2. When legal normative documents, articles, or clauses of legal normative documents cited in this Circular are amended, supplemented, or replaced, the content cited in this Circular shall also be adjusted and implemented according to the amended, supplemented, or replaced legal normative documents, articles, or clauses.

Article 32. Responsibility for Implementation

1. The Inspectorate of the Ministry of Public Security is responsible for guiding and supervising the implementation of this Circular.

2. Heads of units under the Ministry of Public Security, Provincial Police Chiefs according to their functions and tasks, and related agencies, organizations, and individuals are responsible for implementing this Circular.

During the implementation of this Circular, if there are difficulties or obstacles, they should be reported to the Ministry of Public Security (through the Inspectorate of the Ministry of Public Security) for timely guidance./.