Decree No. 148/2005/NĐ-CP On the organization and operation of inspection of planning and investment

DECREE

On the organization and operation of inspection in planning and investment

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;

The Prime Minister issues this Decision on principles, criteria, and allocation standards for state budget investment capital development phase 2016-2020.

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Position and Functions

The Inspection under the Ministry of Planning and Investment is an inspection agency by sector and field within the Ministry of Planning and Investment, referred to hereinafter as the Ministry's Inspection; at provincial level, there is the Inspection under the Department of Planning and Investment, referred to hereinafter as the Departmental Inspection; they perform administrative inspection and specialized inspection functions within the scope of state management over planning and investment as prescribed by law.

Article 2. Objects of Inspection in Planning and Investment

1. Organizations and individuals under the management authority of the head of the state management agency for planning and investment.

2. Vietnamese organizations and individuals engaged in planning and investment activities as stipulated in Article 1 of this Decree; foreign organizations and individuals participating in investment activities in Vietnam as prescribed by law.

In cases where this Decree and international treaties to which the Socialist Republic of Vietnam is a member have different provisions on the same issue, the provisions of the international treaty shall apply.

Article 3. Principles of Operation

1. Inspection activities must comply with the law; ensuring accuracy, objectivity, honesty, 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 members of the Inspection Team must comply with the legal regulations on inspection and bear responsibility before the law for their actions and decisions.

Article 4. Working Relationships

1. The Ministry's Inspection is directly guided by the Minister of Planning and Investment, while also being guided and instructed on work, organization, and professional matters by the Government Inspectorate.

2. The Departmental Inspection is directly guided by the Department Director, while also being instructed on administrative inspection work by the Provincial Inspectorate and guided on specialized inspection professional matters by the Ministry's Inspection.

3. The Inspection in Planning and Investment has the responsibility to coordinate with other relevant state inspection agencies to avoid overlap and enhance the effectiveness of inspection, examination, prevention, and handling of violations of the law.

Article 5. Responsibilities of the Head of the State Management Agency in Inspection Activities in Planning and Investment

1. The Minister of Planning and Investment is responsible for organizing and directing the activities, improving the organization of the Ministry's Inspection; ensuring financial conditions, technical equipment, uniforms, and other necessary conditions to serve the activities of the Ministry's Inspection; and promptly addressing conclusions and recommendations of the Ministry's Inspection as prescribed by law.

2. The Chairman of the People's Committee of provinces and centrally governed cities (hereinafter collectively referred to as provincial level) is responsible for directing the Department Director of Planning and Investment to improve the organization, ensure funding, staffing, technical equipment, uniforms, and other necessary conditions for the activities of the Departmental Inspection.

3. The Department Director of Planning and Investment is responsible for organizing and directing the activities, improving the organization of the Departmental Inspection; and promptly addressing conclusions and recommendations of the Departmental Inspection as prescribed by law.

Article 6. Responsibilities of Relevant Agencies and Organizations in the Inspection Activities of Planning and Investment

The heads of public security agencies, inspection agencies, and other relevant agencies within their respective jurisdictions shall be responsible for coordinating with the Inspection of Planning and Investment in preventing, detecting, and handling violations of laws.

Chapter II

ORGANIZATION, TASKS, POWERS

OF THE INSPECTION OF PLANNING AND INVESTMENT

Article 7. Organization of the Inspection of Planning and Investment

1. The Inspection of Planning and Investment includes the Inspection Department at the central level and the Inspection Office at provincial and centrally-administered city levels.

2. The inspection organizations specified in Clause 1 of this Article shall have their own seals and separate accounts.

Article 8. Organizational Structure of the Inspection Department

1. The Inspection Department is responsible for assisting the Minister in state management of inspection work, performing administrative inspection tasks and specialized inspections within the scope of the Ministry of Planning and Investment's state management.

The Inspection Department has a Room, as decided by the Minister of Planning and Investment.

2. The Inspection Department has an Inspector General, Deputy Inspector Generals, and Inspectors.

The Inspector General is appointed, relieved, or dismissed by the Minister of Planning and Investment after consultation with the Chief Inspector; Deputy Inspector Generals are appointed, relieved, or dismissed by the Minister of Planning and Investment upon the recommendation of the Inspector General.

Inspectors are appointed or relieved according to the provisions of the law.

3. The Minister of Planning and Investment shall specify in detail the organization and staffing of the Inspection Department.

Article 9. Tasks and Authorities of the Inspectorate of the Ministry

1. Inspect the implementation of policies, laws, and tasks of agencies, units, and individuals under its direct management.

2. Inspect compliance with policies and laws on planning and investment by agencies, organizations, and individuals within the scope of the Ministry's state management.

3. Impose administrative penalties according to the provisions of the law on handling administrative violations in areas stipulated in Article 17 of this Decree.

4. Assist the Minister in supervising, urging, and directing units under the Ministry to handle complaints and reports within their jurisdiction as prescribed by the law on complaints and reports; advise on resolving complaints and reports within the Minister's jurisdiction.

5. Take the lead or participate in drafting legal documents on inspection activities related to planning and investment.

6. Handle or recommend competent state agencies to handle violations of laws in the fields of planning and investment; recommend competent state agencies to suspend or revoke regulations found to be contrary to legal documents through inspection activities.

7. Guide and train inspection-related skills for the Inspection Offices; guide and inspect units and organizations under the Ministry in implementing legal provisions on inspection work and complaint and report resolution; summarize experiences, build inspection-related skills for planning and investment.

8. Summon officials and civil servants from related agencies to join the Ministry's inspection team.

9. Carry out preventive and anti-corruption tasks as prescribed by the law on anti-corruption.

10. Monitor, inspect, and urge the implementation of inspection conclusions, recommendations, and decisions.

11. Summarize and report on inspection work, complaint and report resolution, and anti-corruption efforts within the scope of the Ministry of Planning and Investment's state management.

12. Perform other duties and powers as prescribed by law.

Article 10. Tasks and Authorities of the Chief Inspector of the Ministry

1. Lead and direct inspection work within the scope of the Ministry of Planning and Investment's state management.

2. Develop inspection programs and plans to submit to the Minister for decision and organize their implementation.

3. Submit to the Minister for decision on conducting surprise inspections when signs of law violations are detected.

4. Submit to the Minister for decision or decide within his authority on establishing inspection teams, appointing Inspectors, and summoning inspection collaborators as prescribed by law.

5. Recommend the Minister to temporarily suspend the execution of decisions made by organizations and individuals under the direct management of the Ministry of Planning and Investment if there is evidence that these decisions violate the law or affect inspection activities.

6. Recommend the Minister to consider responsibility and handle individuals who commit violations under the Minister's management; cooperate with the heads of units and organizations in considering responsibility and handling individuals who commit violations under their management.

7. Recommend the Minister to resolve issues related to inspection work. If such a recommendation is not accepted, report to the Chief Inspector if deemed necessary.

8. Monitor, inspect, and urge the implementation of inspection conclusions, recommendations, and decisions within the responsibility of the heads of units and organizations under the direct management of the Ministry of Planning and Investment.

9. Impose administrative penalties according to the provisions of the law on handling administrative violations in areas stipulated in Article 17 of this Decree.

10. Verify, conclude, and recommend the resolution of complaints and reports within the Minister's jurisdiction.

11. Inspect and check the responsibility of heads of agencies and units under the Ministry's management in implementing legal provisions on inspection.

12. Perform other duties and powers as prescribed by law.

Article 11. Organization of the Department Inspectorate

1. The Department Inspectorate shall be responsible for assisting the Director of the Department to perform administrative inspection and specialized inspection tasks within the scope of duties and powers of the Director of the Department of Planning and Investment.

2. The Department Inspectorate consists of the Chief Inspector, Deputy Chief Inspectors, and Inspectors.

The Chief Inspector is appointed, relieved, or dismissed by the Director of the Department of Planning and Investment after consultation with the Chief Inspector of the province; Deputy Chief Inspectors are appointed, relieved, or dismissed by the Director of the Department of Planning and Investment upon the proposal of the Chief Inspector of the Department; Inspectors are appointed or relieved in accordance with the provisions of the law.

3. Based on management requirements and tasks, the Director of the Department of Planning and Investment shall consult with the Chief Inspector of the province to specify the organization and operation of the Department Inspectorate.

4. The staffing of the Department Inspectorate is determined by the Director of the Department for allocation within the total staffing of the Department.

Article 12. Tasks and Authorities of the Department Inspectorate

1. Inspect the implementation of policies, laws, and tasks of agencies and units directly managed by the Department of Planning and Investment.

2. Inspect compliance with policies and laws on planning and investment by agencies, organizations, and individuals within the scope of state management of the Department of Planning and Investment.

3. Impose administrative penalties according to the provisions of the law on handling administrative violations in areas stipulated in Article 17 of this Decree.

4. Perform tasks related to handling complaints and reports according to the law on complaints and reports.

5. Propose competent state authorities to suspend enforcement or revoke regulations found to be contrary to national legal documents through inspection activities.

6. Guide and inspect units and organizations under the Department to implement legal provisions on inspection work; coordinate with heads of units and organizations under the Department to direct and guide internal inspection organization and activities within those agencies and units.

7. When necessary, request relevant agencies and units to assign officials and civil servants to join the inspection team.

8. Carry out preventive and anti-corruption tasks in accordance with the law on anti-corruption.

9. Summarize and report on inspection work results, complaint and report resolution, and anti-corruption efforts within the scope of state management of the Department of Planning and Investment.

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

Article 13. Duties and Powers of the Chief Inspector of the Department

1. Lead and direct inspection work within the scope of state management of the Department of Planning and Investment.

2. Develop inspection programs and plans to submit to the Director of the Department for decision and implementation.

3. Submit to the Director of the Department for decision on urgent inspections when signs of law violations are discovered.

4. Submit to the Director of the Department for decision or decide within his authority on the establishment of inspection teams and assignment of Inspectors; request relevant agencies and units to assign Inspection Collaborators in accordance with the law.

5. Propose the Director of the Department to temporarily suspend the execution of decisions made by organizations and individuals directly managed by the Department of Planning and Investment if there is evidence that such decisions contravene the law or affect inspection activities.

6. Propose the Director of the Department to consider responsibility and handle persons who violate laws under the management of the Department of Planning and Investment.

7. Propose the Director of the Department to resolve issues related to inspection work. If such proposals are not accepted, report to the Chief Inspector of the province or the Chief Inspector of the Ministry if deemed necessary.

8. Monitor, inspect, and urge the implementation of conclusions, recommendations, and decisions on handling inspections within the responsibility of heads of units and organizations under the management of the Department of Planning and Investment.

9. Impose administrative penalties according to the provisions of the law on handling administrative violations in areas stipulated in Article 17 of this Decree.

10. Verify, conclude, and propose solutions to complaints and reports within the authority of the Director of the Department of Planning and Investment.

11. Guide, inspect, and urge agencies and organizations under the management of the Department to comply with legal provisions on inspection.

12. Perform other duties and powers as prescribed by law.

Chapter III

INSPECTORS AND INSPECTION COLLABORATORS

Article 14. Inspectors for Planning and Investment

1. Inspectors for Planning and Investment (hereinafter referred to collectively as Inspectors) are civil servants under the Ministry of Planning and Investment or Provincial Departments of Planning and Investment, appointed and issued with Inspector cards to perform inspection tasks at Planning and Investment Inspection organizations.

2. Inspectors have the following duties and powers:

a) Implementing duties and powers as prescribed by laws on inspection and laws on planning and investment.

b) Imposing administrative penalties or recommending competent authorities to impose administrative penalties according to the law.

3. In addition to the general conditions and standards for the inspector rank stipulated in Article 31 of the Inspection Law, Inspectors for Planning and Investment must meet the conditions and standards appropriate to their sector and field as prescribed by the Minister of Planning and Investment.

4. Inspectors are responsible before the law and the person issuing the inspection decision for their own handling measures.

5. When handling violations, Inspectors for Planning and Investment must fully comply with the procedures and formalities prescribed by law and this Decree.

Article 15. Inspection Collaborators

1. Inspection collaborators are individuals not included in the establishment of Planning and Investment Inspection agencies, recruited to perform inspection tasks upon request of the inspection agency or competent authority.

Inspection collaborators are subject to assignment by the head of the inspection agency and the Chief of the Inspection Team.

2. Inspection collaborators are individuals with good political qualities; having a sense of responsibility, honesty, objectivity, and fairness; possessing professional qualifications suitable for the assigned tasks.

3. Planning and Investment Inspection organizations use inspection collaborators in accordance with the provisions of the law.

Chapter IV

INSPECTION ACTIVITIES FOR PLANNING AND INVESTMENT

Article 16. Administrative Inspection Activities

Inspecting the implementation of policies, laws, and assigned tasks by organizations and individuals directly managed by the heads of state management agencies for planning and investment.

Article 17. Specialized Inspection Activities

Inspecting the implementation of policies and laws on planning and investment by organizations and individuals specified in Clause 2 of Article 2 of this Decree, including:

1. Planning work:

a) Management of planning as prescribed by law;

b) Plans for mobilizing, allocating, and utilizing capital for planning activities of ministries, sectors, and localities;

c) Implementation of the plans mentioned in point a of Clause 1 of this Article.

2. Planning work:

a) Procedures, formalities, and conditions for allocating targeted investment support funds according to industry structure and projects;

b) Utilization of allocated investment funds.

3. State-owned Capital Investment Activities:

a) Management and implementation of state-owned capital investment in accordance with the law.

b) For ODA funds:

- Procedures and formalities for establishing, reviewing, and approving ODA program and project lists, prioritizing ODA mobilization;

- Procedures and formalities for negotiating agreements, establishing, reviewing, and approving ODA projects;

- Coordination, management, and utilization of ODA funds.

4. Foreign Investment and Private Sector Investment Activities:

a) Issuance and revocation of investment licenses;

b) Compliance with investment license regulations and other related laws;

c) Resolution of issues arising during the formation, implementation, and execution of investment projects.

5. Vietnam's Overseas Investment Activities:

a) Issuance and revocation of overseas investment licenses;

b) Compliance with overseas investment license regulations and other related laws.

6. Industrial Zones and Export Processing Zones:

a) Procedures and formalities for establishing, reviewing, and approving development plans for industrial zones and export processing zones;

b) Consistency of development plans for industrial zones and export processing zones with the overall socio-economic development plan mentioned in point a of Clause 1 of this Article;

c) Implementation of investment construction and operation of infrastructure in industrial zones and export processing zones;

d) Attracting investment and issuance of investment licenses for projects in industrial zones and export processing zones;

đ) Implementation of investment licenses and decisions for projects in industrial zones and export processing zones.

7. Enterprises and Business Registration:

a) Procedures and formalities for issuing business registration certificates and business operations registrations;

b) Compliance with contents recorded in business registration certificates and business operations registrations;

c) Implementation of regulations concerning small and medium-sized enterprise support programs within the planning and investment system;

d) Procedures and formalities for investment incentives registration and issuance of investment incentive certificates;

đ) Implementation of regulations regarding the restructuring and modernization of state-owned enterprises under the management of state management agencies for planning and investment.

8. Other planning and investment activities as prescribed by law.

Article 18. Operating Expenses

1. The operating expenses of the Inspectorate for Planning and Investment shall be funded from the state budget and other sources in accordance with the provisions of the law.

2. The allocation, management, and utilization of funds shall be carried out in accordance with the State Budget Law and related legal documents.

Chapter V

REWARD AND DISCIPLINARY ACTION FOR VIOLATIONS

Article 19. Awards

Organizations and individuals who have achievements in the activities of inspecting planning and investment shall be awarded in accordance with the provisions of the law.

Article 20. Handling Violations

Organizations and individuals who abuse their positions and powers to violate the regulations on inspection, this Decree, infringe upon the legitimate rights and interests of organizations and individuals operating in the field of planning and investment, obstruct the activities of inspecting planning and investment, bribe, retaliate against those performing inspection duties, or retaliate against complainants and accusers shall be subject to disciplinary action, administrative handling, or criminal prosecution depending on the nature and severity of the violation, and if damage is caused, they must compensate according to the provisions of the law.

Chapter VI

IMPLEMENTING PROVISIONS

Article 21. Effective Date

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

Article 22. Responsibility for enforcement

1. The Minister of Planning and Investment shall be responsible for guiding the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under central cities, Heads of agencies and units, and individuals shall be responsible for implementing this Decree./.