Decree No. 138/2005/NĐ-CP On the organization and operation of Cultural and Information Inspection

DECREE

On the organization and operation of the Cultural and Information Inspection

THE GOVERNMENT

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

Pursuant to the Inspection Law dated June 15, 2004;

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

Considering the proposal of the Minister of Culture and Information,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Position and functions of the Cultural and Information Inspection

The Cultural and Information Inspection is organized under the Ministry of Culture and Information at the central level and under the Department of Culture and Information at the local level; it performs administrative inspection and specialized inspection within the scope of state management over culture and information as prescribed by law.

Article 2. Objects of the Cultural and Information Inspection

1. Organizations and individuals under the direct management authority of the state management agency for culture and information.

2. Vietnamese organizations and individuals and foreign organizations and individuals participating in activities in the field of culture and information in Vietnam. In cases where international treaties to which Vietnam is a party provide different provisions from those stipulated in this Decree, the provisions of such international treaties shall be applied.

Article 3. Principles of operation of the Cultural and Information Inspection

1. The operation of the Cultural and Information Inspection must comply with the law, ensuring accuracy, honesty, objectivity, transparency, democracy, and timeliness; not hindering 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 head of the inspection team, the inspector, and other members of the inspection team must strictly adhere to the legal regulations on inspection, this Decree, and bear legal responsibility for their actions and decisions.

Article 4. Relationships of the Cultural and Information Inspection

1. The Inspection of the Ministry of Culture and Information is directly guided by the Minister of Culture and Information, while also being guided and instructed on work, organization, and inspection procedures by the Government Inspectorate.

2. The Inspection of the Department of Culture and Information is directly guided by the Director of the Department of Culture and Information; it is guided on administrative inspection work and procedures by the provincial or centrally-administered city Inspectorate and on specialized inspection work and procedures by the Ministry Inspectorate.

3. Within the scope of its duties and powers, the Cultural and Information Inspection has the responsibility to coordinate with related agencies in exercising inspection rights and preventing, detecting, and handling violations of the law.

Article 5. Responsibilities of the Head of the State Management Agency in the Operation of the Cultural and Information Inspection

1. The Minister of Culture and Information is responsible for organizing and directing the operation of the Cultural and Information Inspection within the scope of the Ministry's state management; improving the organizational structure of the Ministry's Inspection; equipping material infrastructure, technical equipment, uniforms, and other conditions to support inspection activities; promptly addressing conclusions and recommendations of the Ministry's Inspection according to the law.

2. The Chairman of the People's Committee of provinces and centrally-administered cities (hereinafter referred to collectively as provincial level) is responsible for directing the organization, improving the organizational structure, and equipping material infrastructure and technical equipment for the Department's Inspection.

3. The Director of the Department of Culture and Information is responsible for organizing the implementation and ensuring operational conditions for the Department's Inspection; promptly addressing conclusions and recommendations of the Department's Inspection according to the law.

Article 6. Responsibilities of other related agencies in the operation of the Cultural and Information Inspection

The heads of public security agencies, specialized inspection agencies, and other related organizational agencies within their scope of authority shall be responsible for coordinating with the Cultural and Information Inspection in preventing, detecting, and handling violations of laws in cultural and information activities.

Chapter II

SYSTEM OF THE CULTURAL AND INFORMATION INSPECTION

Article 7. System of the Cultural and Information Inspection

1. The system of the Cultural and Information Inspection includes:

a) The Ministry of Culture and Information Inspection;

b) The Department of Culture and Information Inspection.

2. The Cultural and Information Inspections have their own seals and separate accounts.

Article 8. The Ministry of Culture and Information Inspection

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

The Ministry of Culture and Information Inspection has Departments directly under it, established by decision of the Minister of Culture and Information.

2. The Ministry of Culture and Information Inspection has the Chief Inspector, Deputy Chief Inspectors, and Inspectors.

The Chief Inspector is appointed, dismissed, or removed from office by the Minister of Culture and Information after consultation with the General Inspector; Deputy Chief Inspectors and Inspectors are appointed and dismissed in accordance with the provisions of the law.

3. The Minister of Culture and Information specifies in detail the organization, staffing, duties, and powers of the Ministry of Culture and Information Inspection.

Article 9. The Department of Culture and Information Inspection

1. The Department of Culture and Information Inspection is an agency under the Department of Culture and Information, performing administrative and specialized inspection tasks within the scope of provincial People's Committee's state management over culture and information.

2. The Department has the Chief Inspector, Deputy Chief Inspectors, and Inspectors. The Chief Inspector of the Department is appointed, dismissed, or removed from office by the Department Director after consultation with the Provincial Chief Inspector; Deputy Chief Inspectors and Inspectors are appointed and dismissed in accordance with the provisions of the law.

3. Based on local cultural and information management requirements, the provincial People's Committee, the municipal People's Committee under the central government, will specify in detail the organization, staffing, and operations of the specialized cultural and information inspection according to the guidelines of the Ministry of Culture and Information and the Ministry of Home Affairs.

Chapter III

DUTIES AND POWERS OF THE CULTURAL AND INFORMATION INSPECTION

Section 1

DUTIES AND POWERS OF THE INSPECTION

MINISTRY OF CULTURE AND INFORMATION

Article 10. Duties and Powers of the Ministry of Culture and Information Inspection

1. To take the lead or participate in drafting normative legal documents submitted to competent authorities for promulgation; to propose competent authorities to amend, supplement, or issue normative legal documents in line with the needs of state management over culture and information.

2. To inspect the implementation of policies, laws, and tasks by organizations and individuals directly managed by the Minister of Culture and Information.

3. To perform specialized cultural and information inspection duties as stipulated in Article 17 of this Decree.

4. Imposing administrative penalties in accordance with the law on handling administrative violations.

5. To propose competent authorities to suspend illegal actions of organizations and individuals when there is sufficient evidence to determine that such violations cause damage to national interests and the legitimate rights and interests of citizens.

6. To assist the Minister of Culture and Information in organizing citizen reception, handling complaints and denunciations in accordance with the law.

7. To perform preventive and anti-corruption tasks in accordance with the law.

8. To guide and train specialized inspection business for the Department of Culture and Information Inspection; to guide and supervise units under the Ministry in implementing legal regulations on inspection work.

9. To report regularly and submit inspection and supervision results to the Minister of Culture and Information and the General Inspector.

10. To perform other tasks assigned by the Minister of Culture and Information.

Article 11. Duties and Authorities of the Inspector General of the Ministry of Culture, Sports and Tourism

1. Lead and direct inspection work within the scope of state management of the Ministry of Culture, Sports and Tourism.

2. Develop inspection programs and plans to submit to the Minister of Culture, Sports and Tourism for approval and organize their implementation.

3. Propose the Minister to decide on inspections when signs of law violations are detected.

4. Propose the Minister to decide or decide within his/her authority on the establishment of inspection teams, appointment of Inspectors, and summoning of Inspection Collaborators to carry out inspections as prescribed by law.

5. Recommend the Minister to temporarily suspend the execution of decisions made by organizations or individuals directly under the management of the Ministry of Culture, Sports and Tourism if there is evidence that such decisions contravene the law or affect inspection activities.

6. Administer administrative penalties according to the law on administrative violation handling.

7. Recommend the Minister to consider responsibility and handle persons who violate laws under the Minister's management; coordinate with heads of agencies and organizations in considering responsibility and handling persons who violate laws under the management of those agencies and organizations.

8. Recommend the Minister to resolve issues related to inspection work; in case such recommendations are not accepted, report to the Chief Inspector.

9. Lead the Inspectorate of the Ministry of Culture, Sports and Tourism in performing other duties and authorities as prescribed by law.

Section 2

DUTIES AND AUTHORITIES OF THE INSPECTOR OF THE DEPARTMENT OF CULTURE, SPORTS AND TOURISM

Article 12. Duties and Authorities of the Inspector of the Department of Culture, Sports and Tourism

1. Inspect the implementation of policies, laws, and tasks of agencies and units under the management of the Director of the Department of Culture, Sports and Tourism.

2. Perform specialized inspection duties in culture and information as stipulated in Article 17 of this Decree.

3. Impose administrative penalties according to the provisions of the Law on Handling Administrative Violations.

4. Inspect cases assigned by the Director of the Department of Culture, Sports and Tourism.

5. Carry out tasks related to handling complaints and denunciations as prescribed by law on complaints and denunciations.

6. Carry out tasks related to preventing and combating corruption as prescribed by law on anti-corruption.

7. Guide and inspect units under the management of the Director of the Department of Culture, Sports and Tourism in implementing regulations on inspection work; provide guidance on inspection procedures to Inspectors.

8. Summarize and report results of inspection work, complaint and denunciation resolution, and anti-corruption efforts within the scope of state management of the Department of Culture, Sports and Tourism to relevant management agencies as prescribed.

9. Perform other tasks and powers as prescribed by law.

Article 13. Duties and Authorities of the Inspector General of the Department of Culture, Sports and Tourism

1. Lead and direct inspection work within the scope of management of the Department of Culture, Sports and Tourism.

2. Develop inspection programs and plans to submit to the Director of the Department of Culture, Sports and Tourism for decision and organize their implementation.

3. Propose the Director of the Department of Culture, Sports and Tourism to decide on inspections when signs of law violations are detected.

4. Propose the Director of the Department of Culture, Sports and Tourism to decide or decide within his/her authority on the establishment of inspection teams, appointment of Inspectors, and summoning of Inspection Collaborators to carry out inspections as prescribed by law.

5. Recommend the Director of the Department of Culture, Sports and Tourism to temporarily suspend the execution of decisions made by units under the management of the Department of Culture, Sports and Tourism if there is evidence that such decisions contravene the law or affect inspection activities; recommend the Director of the Department of Culture, Sports and Tourism to consider responsibility and handle persons who violate laws under the management of the Department of Culture, Sports and Tourism.

6. Administer administrative penalties according to the law on administrative violation handling.

7. Recommend the Director of the Department of Culture, Sports and Tourism to resolve issues related to inspection work; in case such recommendations are not accepted, report to the Inspector General of the province and simultaneously report to the Inspector General of the Ministry of Culture, Sports and Tourism.

8. Lead the Inspectorate of the Department in performing other duties and authorities as prescribed by law.

Section 3

CULTURE, SPORTS AND TOURISM INSPECTORS,

COLLABORATORS OF CULTURE, SPORTS AND TOURISM INSPECTION

Article 14. Cultural - Information Inspectors

1. Cultural - Information Inspectors are individuals assigned to perform inspection tasks at cultural - information inspection organizations, appointed, relieved of duty, and issued Inspector cards according to the standards for Inspectors established by competent state agencies.

2. Cultural - Information Inspectors must meet the conditions and standards prescribed by the Minister of Culture - Information after consultation with the General Inspector and the Minister of Home Affairs.

3. When performing inspection tasks, Cultural - Information Inspectors have the following duties and powers:

a) Fulfill the obligations stipulated in Clause 3, Article 19 of this Decree and other obligations as prescribed by the Inspection Law;

b) Exercise the powers stipulated in Articles 40 and 50 of the Inspection Law and other powers as prescribed by law.

Article 15. Collaborators of Cultural - Information Inspectors

1. Collaborators of Cultural - Information Inspectors are individuals summoned by Cultural - Information Inspectors to carry out inspection tasks.

2. The summoning, standards, benefits, and responsibilities of Collaborators of Cultural - Information Inspectors shall be governed by law.

Chapter IV

ACTIVITIES OF CULTURAL - INFORMATION INSPECTION

Article 16. Content of Administrative Inspection

1. Inspection of organizations and individuals under the direct management of the head of the same-level state administrative agency regarding compliance with policies and laws and the fulfillment of assigned tasks.

2. Performance of tasks related to handling complaints and reports as prescribed by the Law on Complaints and Reports.

Article 17. Content of Specialized Cultural - Information Inspection

Inspection of agencies, organizations, and individuals in the implementation of national policies and laws on cultural - information activities:

1. Implementation of legal provisions concerning: cultural heritage; performing arts; cinema; fine arts; photography; exhibitions; press; publishing; copyright and related rights; libraries; advertising; mass culture, propaganda information.

2. Legal provisions concerning the operation, installation, and use of equipment to receive foreign television signals from satellites (TVRO).

3. Legal provisions concerning the management of information on the Internet, provision of Internet information services, establishment of electronic news pages on the Internet, public Internet services.

4. Implementation of legal provisions concerning cultural - information activities and public cultural - information service operations.

5. National programs and investment projects in the field of cultural - information.

6. Activities of associations and non-governmental organizations in the field of cultural - information; activities of organizations and individuals from abroad in the field of cultural - information in Vietnam.

7. Implementation of legal provisions concerning the export and import of cultural products.

8. External information work in cultural - information activities.

9. Implementation of other legal provisions in the field of cultural - information.

Article 18. Forms of Inspection

1. Inspection activities are carried out in the form of program-based and plan-based inspections and surprise inspections.

2. Programmed inspections are conducted according to approved programs and plans.

3. Surprise inspections are carried out when signs of violations of the law are detected, upon request for complaint and report resolution, or as assigned by the head of the competent state administrative agency.

Article 19. Methods of Inspection Activities

1. Inspections are carried out through inspection teams or independent inspectors.

2. Inspection teams and inspectors operate according to the provisions of the Inspection Law.

3. When conducting inspections, there must be a decision from the Head of the Cultural and Information Inspection Authority or the competent state management agency.

4. The Head of the inspection team and Inspectors shall be responsible under the law and to the person issuing the inspection decision for their decisions and measures taken.

5. When handling violations, the Head of the inspection team and Inspectors must fully comply with the procedures prescribed by law.

Article 20. Rights and Obligations of the Inspected Object

1. Rights of the inspected object:

a) To explain issues related to the content of the inspection;

b) To refuse to provide information and documents classified as state secrets when required by law and information and documents not related to the content of the inspection;

c) To lodge complaints with the person issuing the inspection decision regarding the decisions and actions of the Head of the inspection team, Inspectors, and other members of the inspection team during the inspection process if there is evidence that such decisions and actions violate the law; to lodge complaints with the Head of the inspection authority, the Head of the competent state management agency regarding the inspection conclusions and decisions on inspection if there is evidence that such conclusions and decisions violate the law. While waiting for resolution, the complainant must implement those decisions;

d) To request compensation for damages according to the provisions of law;

đ) Individuals who are inspected objects have the right to report illegal acts of the Head of the inspection authority, the Head of the inspection team, Inspectors, and other members of the inspection team.

2. Obligations of the inspected object:

a) To comply with the inspection decision;

b) To promptly, fully, and accurately provide information and documents requested by the inspection authority, inspection team, Inspectors, and must bear responsibility under the law for the accuracy and truthfulness of the provided information and documents;

c) To comply with requests, inspection conclusions, and decisions on handling issued by the Head of the inspection authority, the Head of the inspection team, Inspectors, and the Head of the competent state agency.

Chapter V

TECHNICAL MATERIAL AND FINANCIAL RESOURCES FOR ACTIVITIES

Article 21. Material and Technical Facilities

1. Organizations for Cultural and Information Inspection shall be equipped with: headquarters; means; technical equipment; uniforms, insignia, badges, signs.

It is strictly prohibited for organizations and individuals to use similar uniforms, insignia, badges, signs causing confusion with Cultural and Information Inspection.

2. The Minister of Culture and Information shall specify:

a) Means and technical equipment of Cultural and Information Inspection;

b) Uniforms, insignia, signs, badges of Cultural and Information Inspection after coordinating with the General Inspector.

Article 22. Operating Expenses

1. Operating expenses of Cultural and Information Inspection are funded from the State budget and other sources of funds as prescribed by law.

2. Management and use of operating expenses of Cultural and Information Inspection shall be carried out in accordance with the provisions of law.

Chapter VI

REWARD AND DISCIPLINARY ACTION FOR VIOLATIONS

Article 23. Awards

Organizations and individuals with achievements in Cultural and Information Inspection activities shall be rewarded according to the provisions of law.

Article 24. Handling of violations

1. Any person obstructing, offering bribes, retaliating against those performing inspection duties, making false accusations, violating laws on inspection; any person abusing their position, powers of inspection, or due to personal motives or lack of sense of responsibility, handling violations incorrectly, infringing upon the rights and legitimate interests of organizations and individuals shall be subject to disciplinary action, administrative penalties, or criminal liability as prescribed by law depending on the nature and severity of the violation.

2. During the inspection process, based on the nature and severity of the violation, the Minister of Culture and Information or the Chairman of the People's Committee of the province may decide to temporarily suspend or terminate the activities of Cultural and Information Inspectors.

Chapter VII

IMPLEMENTING PROVISIONS

Article 25. Effective Date

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

2. Repeal Decision No. 345/TTg dated May 27, 1996 of the Government Prime Minister on the organization of National Inspection in the cultural and information sector.

Article 26. Responsibility for Implementation

1. The Minister of Culture and Information shall be responsible for coordinating with relevant ministries, sectors, and agencies to guide the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities are responsible for implementing this Decree./.