Decree No. 144/2004/ND-CP On the organization, tasks, and powers of the Physical Education and Sports Inspection

DECREE OF THE GOVERNMENT

Regarding the organization, tasks, and powers of the Sports Inspection 

 _____________________________

THE GOVERNMENT

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

Based on the Physical Culture and Sports Ordinance dated September 25, 2000;

Based on the Inspection Law dated June 15, 2004;

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

Based on Decree No. 22/2003/NĐ-CP dated March 11, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Sports Committee;

Pursuant to the proposal of the Minister and Chairman of the Sports Committee,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Sports Inspection

The Sports Inspection is a specialized inspection in physical culture and sports, performing the function of inspecting and supervising compliance with policies and laws in the field of physical culture and sports.

Article 2. Objects of the Sports Inspection

The objects of the Sports Inspection are organizations and individuals within Vietnam and abroad; foreign organizations and individuals participating in activities in the field of physical culture and sports on the territory of Vietnam and abroad within the management scope of the Sports Committee.

Article 3. Principles of Operation of the Sports Inspection

The operation of the Sports Inspection must comply with the law, ensuring accuracy, truthfulness, timeliness, and objectivity. No agency, organization, or individual may intervene illegally in the operations of the Sports Inspection.

Chapter II

ORGANIZATION OF THE SPORTS INSPECTION

Article 4. Organization of the Sports Inspection

The organization of the Sports Inspection includes: the Sports Committee Inspection (referred to as the Committee Inspection) and the Department of Physical Culture and Sports Inspection or the Department of Culture, Information, and Sports Inspection (collectively referred to as the Department Inspection).

The Committee Inspection and Department Inspection have Chief Inspectors, Deputy Chief Inspectors, Inspectors, and Inspector Collaborators. The appointment, dismissal, and removal of Chief Inspectors and Deputy Chief Inspectors shall be carried out according to Articles 24 and 27 of the Inspection Law.

Article 5. Organization of the Committee Inspection

The Sports Committee Inspection is an organ of the Sports Committee responsible for assisting the Minister and Chairman of the Sports Committee in state management of inspection work and implementing inspection administrative and specialized duties in the field of physical culture and sports.

The Committee Inspection is directly managed by the Minister and Chairman of the Sports Committee and simultaneously receives guidance and direction from the State Inspectorate regarding organizational and inspection business matters. The Committee Inspection has its own seal.

The organization and staffing of the Committee Inspection are decided by the Minister and Chairman of the Sports Committee.

Article 6. Organization of the Department Inspection

The Department Inspection is an organ of the Department of Physical Culture and Sports (Department of Culture, Information, and Sports), responsible for assisting the Director of the Department in performing inspection administrative and specialized duties within the scope of the Director's responsibilities.

The Department Inspection is directly managed by the Director of the Department of Physical Culture and Sports or the Director of the Department of Culture, Information, and Sports, and simultaneously receives guidance and direction on inspection business from the Committee Inspection and organizational and business guidance from the Provincial or Municipal State Inspectorate. The Department Inspection has its own seal.

Chapter III

TASKS AND POWERS OF THE SPORTS INSPECTION

Article 7. Tasks of the Inspection Committee

1. Participate in drafting legal documents on inspection of physical education and sports; develop, submit for approval and organize the implementation of annual inspection programs and plans for physical education and sports approved by the Minister and Head of the Physical Education and Sports Committee.

2. Inspect the implementation of state plans, compliance with policies and laws by agencies, organizations, and individuals under the management of the Physical Education and Sports Committee.

3. Guide and inspect subordinate agencies and units of the Physical Education and Sports Committee in the implementation of legal provisions.

4. Provide guidance on specialized inspection business to the Inspection Departments.

Train inspection work skills in physical education and sports for inspectors and inspection collaborators of subordinate units of the Physical Education and Sports Committee, Department of Physical Education and Sports, or Department of Culture, Information, and Sports.

5. Direct and organize the implementation of inspection work of the Physical Education and Sports Committee towards subordinate agencies and units.

6. Report periodically and report results of inspections and audits to the Minister and Head of the Physical Education and Sports Committee and the State Inspector General.

7. Propagate and guide preventive and anti-corruption efforts according to the law on anti-corruption.

Summarize and report results of inspection work, complaints, and denunciations against corruption within the scope of management of the Physical Education and Sports Committee.

8. Administer administrative penalties in the field of physical education and sports according to the law.

9. Inspect organizational training, coaching, competition-performance of physical education and sports, organization and management of sports teams, service activities, and dissemination of physical education and sports.

10. Inspect the development and implementation of professional standards, technical regulations, and construction, equipment, and tools for physical education and sports facilities.

11. Assist the Minister and Head of the Physical Education and Sports Committee in verifying, concluding, and recommending measures to address complaints and denunciations from agencies, organizations, and individuals according to the law.

12. Perform other tasks assigned by the Minister and Head of the Physical Education and Sports Committee.

Article 8. Tasks of the Inspection Department

1. Develop and implement programs and plans of work approved by competent authorities.

2. Summarize and report regularly or urgently about inspection, audit, complaint resolution, and anti-corruption work in the field of physical education and sports to the Director of the Department of Physical Education and Sports or Department of Culture, Information, and Sports, the Chief Inspector of the Physical Education and Sports Committee, and the Provincial or Municipal Inspector General.

3. Guide and inspect agencies, organizations, and individuals under the Department of Physical Education and Sports or Department of Culture, Information, and Sports in implementing legal provisions.

4. Inspect the implementation of state plans and compliance with laws in the field of physical education and sports by agencies, organizations, and individuals under the management of the Department of Physical Education and Sports or Department of Culture, Information, and Sports.

5. Propagate and guide preventive and anti-corruption efforts according to the law on anti-corruption.

Summarize and report results of inspection work, complaint resolution, and anti-corruption efforts within the scope of management of the Department of Physical Education and Sports or Department of Culture, Information, and Sports.

6. Administer administrative penalties in the field of physical education and sports according to the law.

7. Inspect management activities in physical education and sports, sports services, and other activities in the field of physical education and sports under the management of the Department of Physical Education and Sports or Department of Culture, Information, and Sports according to the law.

8. Assist the Director of the Department of Physical Education and Sports or Department of Culture, Information, and Sports in verifying, concluding, and recommending measures to address complaints and denunciations from agencies, organizations, and individuals according to the law.

9. Perform other tasks assigned by the Director of the Department of Physical Education and Sports or Department of Culture, Information, and Sports.

Article 9. Powers of the Physical Education and Sports Inspectorate

When performing inspection and supervision tasks, the Physical Education and Sports Inspectorate shall exercise the following powers:

1. Request organizations and individuals related to provide documents, evidence, and answer questions relevant to the inspection and supervision.

2. Seal documents; inventory assets; request competent authorities to temporarily detain money and assets related to the inspection case in accordance with the provisions of the law.

3. Propose competent agencies to apply necessary measures to prevent, correct, and mitigate consequences caused by violations committed by organizations and individuals in physical education and sports activities.

4. Apply preventive and administrative penalty measures in accordance with the provisions of the law.

5. Request forensic examination, utilize cooperating entities in accordance with the provisions of the law.

6. Temporarily suspend the execution of disciplinary decisions or job transfers for individuals collaborating with the inspection organization or being inspected if it is deemed that such execution would hinder the inspection process.

7. Require organizations and individuals to cease illegal actions in physical education and sports activities; propose competent agencies to revoke licenses and handle violations in accordance with the law; suspend or temporarily suspend such activities if they are deemed harmful to state interests or the legitimate rights and interests of citizens.

8. Recommend to the head of the direct management agency or the higher-level inspectorate agency on management work, preventive measures, and handling of violations in accordance with the law after verifying and concluding the case.

9. If signs of criminal offenses are discovered during the inspection, transfer the case file to the investigation agency in accordance with the law.

10. Exercise other powers as prescribed by law.

Article 10. Obligations and Responsibilities of the Physical Education and Sports Inspectorate

When performing inspection and supervision tasks, the Physical Education and Sports Inspectorate shall have the following obligations and responsibilities:

1. Present the Inspection Decision and the Inspector's Card.

2. Conduct inspections strictly according to procedures and regulations without causing damage to the legitimate interests of the inspected entity.

3. Report the results of the inspection and recommend solutions to the competent authority.

4. Adhere to the law and be accountable before the competent state authority for all actions and decisions made.

Article 11. Tasks and Powers of the Chief Inspector of the Commission

1. Propose the Minister of Physical Education and Sports to decide on inspections, establish inspection teams, appoint inspectors and cooperating entities to conduct inspections in accordance with the law.

2. Recommend competent authorities to suspend operations or dissolve sports facilities if there is sufficient evidence indicating serious violations of the law.

3. Temporarily suspend illegal actions in the field of physical education and sports and recommend competent authorities to handle them in accordance with the law.

4. Impose penalties within their authority or recommend competent authorities to impose administrative penalties in accordance with the law.

5. Exercise other powers stipulated in Article 9 of this Decree and other laws on inspection.

Article 12. Duties and Authorities of the Inspector General of the Department of Physical Culture and Sports

The Inspector General of the Department shall exercise the authorities stipulated in Article 11 of this Decree within the scope of the State management authority of the Department of Physical Culture and Sports.

Article 13. Inspectors of Physical Culture and Sports

An inspector is an individual assigned to perform inspection work at the Inspection Organization for Physical Culture and Sports and appointed in accordance with the provisions of the law.

When performing inspection and supervision tasks, inspectors have the following rights and responsibilities:

1. Exercise the powers prescribed in Article 9 of this Decree.

2. Fulfill the obligations and responsibilities as prescribed in Article 10 of this Decree and in accordance with the laws on inspection.

Article 14. Inspection Collaborators of Physical Culture and Sports

Inspection Organizations for Physical Culture and Sports shall employ inspection collaborators in accordance with the laws on inspection. When mobilized by competent authorities to participate in inspection work, inspection collaborators shall be provided with necessary conditions to complete their tasks.

The Minister, Head of the Committee for Physical Culture and Sports shall take the lead and coordinate with relevant agencies to prescribe the working system and benefits for inspection collaborators.

Article 15. Rights and Obligations of the Inspected Object

1. Request the Inspection Team, Inspectors to present the Inspection Decision, Inspector Identification Card.

2. Lodge complaints, denunciations, lawsuits with state agencies having jurisdiction over decisions on handling inspections, behaviors of Inspectors, and inspection conclusions that they consider to be incorrect.

3. Demand compensation for losses caused by improper legal measures taken by the Inspection Team or Inspectors.

4. Fulfill the requirements of the Inspection Team, Inspectors.

5. Comply with the decisions on handling by the Inspection Team, Inspectors as prescribed by law.

Chapter IV

REWARDS AND DISCIPLINE

Article 16. Awards

Organizations and individuals who achieve outstanding results in inspection activities shall be rewarded according to the regulations of the State.

Article 17. Handling Violations

Organizations and individuals who obstruct, bribe, retaliate against those performing inspection duties; abuse inspection powers for personal motives or lack of responsibility leading to incorrect inspection conclusions, infringing upon the legitimate rights and interests of organizations and individuals shall be subject to disciplinary action, administrative penalties, or criminal prosecution according to the law; if damage is caused, they must bear the responsibility for compensation according to the law.

Chapter V

IMPLEMENTING PROVISIONS

Article 18. This Decree takes effect fifteen days after its publication in the Official Gazette.

All previous regulations contrary to this Decree are hereby abolished.

Article 19. The Minister, Head of the Committee for Physical Culture and Sports shall be responsible for guiding the implementation of this Decree within the scope of State management over physical culture and sports.

The Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, and Chairmen of provincial people's committees directly under the central government shall be responsible for implementing this Decree./.