Decision No. 14/2008/QD-BNN on the functions, tasks, powers, and organizational structure of the Inspectorate under the Ministry of Agriculture and Rural Development

 Pursuant to …;

REGULATIONS ON THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT INSPECTION

THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to Decree No. 01/2008/NĐ-CP dated January 3, 2008, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;
Pursuant to Article 18 of Decree No. 178/2007/NĐ-CP dated December 3, 2007 of the Government on the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;
Considering the proposal of the Director of the Department of Personnel Organization,

DECISION:

Article 1. Position and Functions

The Ministry of Agriculture and Rural Development Inspection (hereinafter referred to as the Ministry Inspection) is an advisory body assisting the Minister in state management of inspection work and resolution of complaints and denunciations; implementing administrative inspection and specialized inspection functions in fields under the Ministry's state management jurisdiction as prescribed by laws on inspection.

The Ministry Inspection is subject to direct management and direction by the Minister of the Ministry of Agriculture and Rural Development; at the same time, it is subject to direction and guidance on work, organization, and business procedures by the State Inspectorate.

The Ministry Inspection has legal personality, its own seal, operational funds, and is allowed to open accounts as prescribed by law. Its headquarters is located in Hanoi and it has a permanent branch in the South.

Article 2. Tasks and Powers of the Ministry Inspection

The Ministry Inspection is responsible for performing the tasks and powers stipulated in Article 25 of the Inspection Law 2004 and the following specific tasks and powers:

1. Submit to the Minister draft normative legal documents on inspection activities, complaint and denunciation resolution, anti-corruption; crime prevention, and other normative legal documents when assigned by the Minister.

2. Summarize and submit to the Minister programs and plans for inspection, inspection regulations, complaint and denunciation resolution; anti-corruption; crime prevention, and organize implementation after the Minister's approval.

3. Direct and guide on business procedures, inspection plans, complaint and denunciation resolution; anti-corruption for agencies and units under the Ministry; guide specialized inspection business procedures for Provincial Agricultural and Rural Development Inspections.

4. Coordinate with relevant agencies and units to train and enhance inspection business skills for the Agricultural and Rural Development Inspection system and guide inspection business procedures for People's Inspection Committees of agencies and units directly under the Ministry.

5. Inspect and check the responsibility of heads of agencies and units directly under the Ministry.

6. Inspection and supervision work:

a) Direct inspection and supervision work within the scope of the Ministry's state management; guide agencies and units under the Ministry to build and implement inspection programs and plans, and supervise the implementation of these programs and plans;

b) Inspect and supervise the implementation and compliance with policies, laws, and duties of organizations and individuals under the Ministry's jurisdiction;

c) Inspect compliance with specialized laws of organizations and individuals within the scope of the Ministry's state management according to industry and field;

d) Inspect and supervise other cases assigned by the Minister;

đ) Recommend competent authorities to suspend actions violating agricultural and rural development laws of organizations and individuals when there is sufficient evidence to determine that such violations cause damage to national interests, rights, and legitimate benefits of organizations and individuals, or revoke provisions contrary to agricultural and rural development laws discovered through inspection and supervision activities;

e) Take the lead in resolving overlapping issues regarding time and content of inspections and supervisions by inspection teams established by specialized management departments or report to the Ministry for resolution in cases where competent state authorities decide to inspect units under the Ministry;

7. Complaint and denunciation resolution:

a) Maintain regular public reception work; organize the receipt, processing of complaint and denunciation letters as prescribed;

b) Require staff under the Minister's management to explain complaint and denunciation letters;

c) Organize inspections, verifications, conclusions, and recommendations for complaint and denunciation resolutions within the Minister's authority as prescribed by law;

d) Monitor, supervise, and urge agencies and units under the Ministry to resolve complaints and denunciations within their authority.

8. Anti-corruption; crime prevention:

a) Implement the Ministry's regular work on anti-corruption and crime prevention;

b) Coordinate with agencies and organizations in detecting corruption acts; organize inspections, verifications, and recommend competent authorities to handle persons involved in corruption;

c) Guide and monitor agencies and units directly under the Ministry in implementing anti-corruption and crime prevention tasks as prescribed by law.

9. Monitor, supervise, and urge the implementation of decisions made after inspections, complaint and denunciation resolutions, administrative penalties that have become legally binding by the Minister, the Chief Inspector of the Ministry, and competent state authorities as prescribed by law.

10. Coordinate with Inspections of other ministries and sectors, Inspections at various levels, and related agencies during inspections and verifications; complaint and denunciation resolution; anti-corruption; crime prevention.

11. Summarize and report to the Minister, the State Inspector General, and other state agencies on the results of inspection activities, complaint and denunciation resolution; anti-corruption; crime prevention as prescribed and draw lessons from these activities.

12. Implement administrative reform according to the Ministry's program and plan.

13. Participate in commendation and disciplinary councils and other councils assigned by the Minister.

14. Manage the organization, staffing, and establishment of the Ministry Inspection as prescribed; implement salary systems and incentive, reward, and disciplinary policies for unit civil servants.

15. Manage financial resources, assets, and other resources allocated; organize budget execution and settlement as prescribed by law.

16. Perform other tasks assigned by the Minister and other tasks and powers as prescribed by law.

Article 3. Duties and Authorities of the Inspector General of the Ministry

1. Direct and manage the inspection work of the Ministry's Inspectorate.

2. Perform the duties and authorities stipulated in Article 2 of this Decision; Articles 26, 36, and 47 of the Inspection Law 2004; Article 14 of Decree No. 41/2005/NĐ-CP dated March 25, 2005 of the Government detailing and guiding the implementation of certain provisions of the Inspection Law and other laws on inspection, handling complaints and denunciations; preventing corruption; preventing crime.

3. Decide on inspections and checks and establish inspection teams according to the law; appoint officers, inspectors, and invite collaborators to carry out inspection tasks.

4. Coordinate with heads of agencies and units under the Ministry to submit to the Minister for decision on the appointment, dismissal, and removal from office of inspection positions as prescribed; monitor inspector ranks under the Ministry.

5. Decide on economic recovery based on the post-inspection handling decision of the Minister. Decide on administrative penalties in the agricultural and rural development sector according to the law.

6. Report to the Minister, the Chief Inspector, and state agencies on inspection work; receiving citizens, handling complaints and denunciations; preventing corruption; preventing crime within the scope of assigned responsibility.

7. Carry out other tasks assigned by the Minister.

Article 4. Organizational Structure

1. Leadership of the Ministry's Inspectorate:

The Inspector General is appointed by the Minister of Agriculture and Rural Development after consultation with the Chief Inspector. The Inspector General is responsible to the Minister of Agriculture and Rural Development, the Chief Inspector, and the law regarding the activities of the Ministry's Inspectorate and performs the duties and authorities specified in Article 3 of this Decision.

The Deputy Inspector General is appointed by the Minister of Agriculture and Rural Development upon the recommendation of the Inspector General. The Deputy Inspector General assists the Inspector General in overseeing and directing certain aspects of work according to the division of labor by the Inspector General and is responsible to the Inspector General and the law regarding the performance of assigned tasks.

2. Inspectors are appointed, dismissed, and have obligations and rights as prescribed by law.

3. Specialized functional departments:

a) Administrative and Comprehensive Department

b) Administrative Inspection Department;

c) Professional Inspection Department;

d) Citizen Reception and Complaint Handling Department;

e) Post-Inspection Processing and Anti-Corruption Department;

f) Southern Region Permanent Office.

Departments and units at Clause 3 of this Article have Heads, Deputy Heads, and equivalents appointed by the Inspector General of the Ministry according to regulations and decentralization by the Ministry.

The Inspector General of the Ministry specifies the functions and duties of specialized functional departments; directs the establishment, approval, and implementation of the Operational Regulations of the Ministry's Inspectorate; arranges civil servants suitable to their positions, standards, and assigned tasks.

Article 5. Effective Date

This Decision takes effect fifteen days after its publication in the Official Gazette. Decree No. 16/2006/QĐ-BNN dated March 8, 2006 of the Minister of Agriculture and Rural Development specifying the functions, duties, authorities, and organizational structure of the Ministry of Agriculture and Rural Development's Inspectorate and previous regulations contrary to this Decision are hereby abolished. Abolish previous regulations contrary to this Decision.

Article 6. Responsibility for Implementation

The Inspector General of the Ministry, the Director of the Ministry's Office, Department Directors, Bureau Chiefs, and heads of related agencies and units are responsible for implementing this Decision./.