Circular No. 15/2006/TT-BCA(V24) guiding the implementation of certain Articles of Government Decree No. 63/2006/NĐ-CP dated June 23, 2006 on the organization and operation of inspection activities within the People's Public Security.

CIRCULAR

Guidelines for implementing certain provisions of

Decree No. 63/2006/NĐ-CP dated June 23, 2006

of the Government on the organization and operation of inspection in the People's Public Security

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Implementing Decree No. 63/2006/NĐ-CP dated June 23, 2006 of the Government on the organization and operation of inspection in the People's Public Security (hereinafter referred to as Decree No. 63/2006/NĐ-CP), the Ministry of Public Security guides the implementation of some provisions of Decree No. 63/2006/NĐ-CP as follows:

I. REGARDING THE OBJECTS OF SPECIALIZED INSPECTION OF THE PUBLIC SECURITY INSPECTION AS PROVIDED FOR IN CLAUSE 2 AND CLAUSE 3 OF ARTICLE 2 OF DECREE NO. 63/2006/NĐ-CP

1. Clause 2, Article 2 of Decree No. 63/2006/NĐ-CP stipulates that the objects of inspection are agencies, organizations, and individuals of Vietnam in their compliance with laws on national security protection (NSP) and social order and safety (SOS) within the scope of state management of the Ministry of Public Security, specifically as follows:

a) The Ministry of Public Security Inspection conducts inspections against ministries, ministerial-level agencies, agencies under the Government, economic and social organizations at the central level, and provincial People's Committees (hereinafter collectively referred to as provincial People's Committees);

b) Provincial Public Security Inspection conducts inspections against district, county, town, and city People's Committees under provinces (hereinafter collectively referred to as district People's Committees); provincial and district departments and sectors; local and central economic and social organizations operating within the province;

c) To have a comprehensive basis for evaluating state management in the field of NSP and maintaining SOS when necessary, the Ministry Inspection and Provincial Public Security Inspection conduct inspections against bureaus under the Ministry and rooms under provincial public security forces assigned by the Ministry to manage state affairs related to security and order (SO).

2. Clause 3, Article 2 of Decree No. 63/2006/NĐ-CP is specified as follows:

a) The object is organizations and individuals from foreign countries residing in Vietnam whose activities are related to laws on NSP and SOS within the scope of state management of the Ministry of Public Security;

b) When necessary, the leadership of the Ministry directs the Ministry of Public Security Inspection and Provincial Public Security Inspection to conduct inspections on the compliance of organizations and individuals from foreign countries residing in Vietnam with Vietnamese laws on NSP and SOS within the scope of state management of the Ministry of Public Security.

II. REGARDING THE ARRANGEMENT OF STAFF TO PERFORM INSPECTION TASKS AT UNITS WITHOUT A PUBLIC SECURITY INSPECTION ORGANIZATION AS PROVIDED FOR IN CLAUSE 2 OF ARTICLE 5 OF DECREE NO. 63/2006/NĐ-CP

1. For the time being, specialized or concurrently assigned staff will be arranged to perform administrative inspection tasks at the following units:

a) Departments and Bureaus directly under the Minister; Departments and Bureaus and equivalent units under General Departments;

b) Prisons, educational facilities, and juvenile rehabilitation centers under the Prison Management Bureau, Educational Facilities, and Juvenile Rehabilitation Centers and Battalions.

Specialized or concurrently assigned inspection staff at these units will be directly directed by the unit head while also receiving guidance on inspection procedures from the superior inspection agency.

2. The duties of staff performing inspection tasks at units are stipulated in Clause 1 of Section II as follows:

a) Receiving, registering, classifying, and processing complaints and petitions; advising the head of the same-level public security agency to resolve complaints and petitions according to the law on complaints and petitions; receiving citizens; assisting the unit head in implementing anti-corruption tasks according to the law and regulations of the Ministry of Public Security; performing tasks assigned by the superior public security inspection agency when inspecting the compliance with policies, laws, and work tasks of units, organizations, and individuals within the unit;

b) Participating in inspection teams based on decisions of competent authorities;

c) Assisting the head in urging, monitoring, and reporting the results of implementing conclusions, recommendations, and decisions made after inspections conducted by the superior public security inspection agency at their own agencies and units. Reporting the results of performing tasks according to regulations.

III. REGARDING THE FUNCTION OF ADMINISTRATIVE INSPECTION OF INSPECTION ORGANIZATIONS WITHIN THE PUBLIC SECURITY FORCE AND THE FUNCTION OF SPECIALIZED INSPECTION OF THE MINISTRY OF PUBLIC SECURITY INSPECTION AND PROVINCIAL PUBLIC SECURITY INSPECTION AS PROVIDED FOR IN ARTICLE 1 AND CLAUSE 1 OF ARTICLE 6, CLAUSE 2 AND 3 OF ARTICLE 7, CLAUSE 1 OF ARTICLES 9, ARTICLE 10, AND ARTICLE 13, CLAUSE 1 AND 2 OF ARTICLE 14

1. The content of the function of administrative inspection includes inspecting according to programs and plans and conducting surprise inspections on the compliance with policies, laws, and work tasks of agencies, units, and individuals under the management authority of the same-level public security agency head and the superior public security agency head; serving the prevention and struggle against corruption within the internal system.

2. The content of the function of specialized inspection:

a) Taking the lead or coordinating with inspections of other ministries, sectors, and localities to inspect agencies, organizations, and individuals in their compliance with legal provisions on NSP and SOS in areas within the scope of state management of the Ministry of Public Security as prescribed by law, including the following areas:

- On NSP: Inspecting the implementation of internal political security protection work; economic security; cultural and ideological security; information security; exit and entry; management of foreigners and overseas Vietnamese citizens holding Vietnamese nationality; protection of state secrets and other areas as prescribed by law;

- On SOS: Inspecting the implementation of drug prevention and control work, crime prevention and control work within the scope of state management of the Ministry of Public Security; household registration and management; issuance and management of identity cards; management of weapons, explosives, and support equipment (excluding weapons and explosives managed by the Ministry of Defense and the Ministry of Industry); various security services; seal management; management of business sectors with conditions related to SO; fire prevention and firefighting; enforcement of prison sentences and administrative penalty decisions involving placement in educational facilities and juvenile rehabilitation centers and other areas as prescribed by law.

b) When conducting specialized inspections, the Ministry Inspection and Provincial Public Security Inspection can summon staff from units with state management functions within the security and police forces and other relevant forces to participate in specialized inspection teams based on decisions of competent authorities.

3. The authority and procedures for imposing administrative penalties on specialized inspection activities of the Public Security Force shall be carried out in accordance with the provisions of laws on handling administrative violations and the regulations of the Government stipulating administrative penalties for each specific field.

IV. ON THE LIMITATIONS OF THE HEAD OF THE PUBLIC SECURITY MINISTRY'S INSPECTION AS PROVIDED FOR IN CLAUSE 14, ARTICLE 8 OF DECREE NO. 63/2006/NĐ-CP

When provincial public security organs have requests to appoint, dismiss, or remove the Head of Inspection of the same-level public security organ, they must transfer relevant files to the Ministry of Public Security's Inspection; the Head of the Ministry's Inspection is responsible for coordinating with related functional units to submit to the Minister for decision-making. For the General Directorates, the General Command for Security Protection, the Prison Management Bureau, Educational Facilities, and Rehabilitation Schools, when having requests to appoint, dismiss, or remove the Head of Inspection before submitting to the competent authority for decision-making, they must coordinate with the Head of the Ministry's Inspection.

The Head of the Ministry's Inspection directly manages the team of Inspectors under the Ministry's Inspection, collaborates with the Heads of public security units and localities to uniformly manage the team of Inspectors within the Public Security Force.

V. ON THE TIME LIMIT FOR INSPECTION AS PROVIDED FOR IN ARTICLE 23 OF DECREE NO. 63/2006/NĐ-CP

In cases where the Head of the Public Security Organ without an Inspection Organization assigns a dedicated Inspector to independently conduct administrative inspections, such assignments must be in writing, clearly stating the name of the officer, scope, tasks, time frame, and not exceeding thirty days; if necessary, it may be extended, but the total duration shall not exceed forty-five days;

The extension of the inspection period shall be decided in writing by the authorized person and notified to the inspected entity and related organizations and individuals.

VI. ON DELEGATING THE CONCLUSION OF INSPECTIONS AS PROVIDED FOR IN CLAUSE 2, ARTICLE 26 OF DECREE NO. 63/2006/NĐ-CP

1. Delegation of concluding inspections is only allowed in administrative inspections. Delegation of concluding inspections is not permitted in specialized inspections concerning internal security;

2. In cases of delegating the conclusion of inspections: the delegation must meet the conditions stipulated in Clause 2, Article 26 of Decree No. 63/2006/NĐ-CP and be due to the absence of the person who signed the inspection decision for an extended period, making it impossible to sign the inspection conclusion, or because the inspection team is conducting inspections far from the office of the person who signed the inspection decision, and travel is difficult, and delegation is only allowed for individual inspections;

3. Procedures and formalities for delegating the conclusion of inspections: the delegation is proposed in writing by the Head of the Inspection Team to the person issuing the inspection decision. The delegation is made in writing or recorded directly in the inspection decision;

4. The inspection conclusion is signed by the delegated person and stamped with the seal of the agency that delegated the authority.

VII. ON THE RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS AS INSPECTION OBJECTS IN IMPLEMENTING INSPECTION CONCLUSIONS, RECOMMENDATIONS, AND DECISIONS ON ADMINISTRATIVE PENALTIES AS PROVIDED FOR IN ARTICLE 28 OF DECREE NO. 63/2006/NĐ-CP

After receiving inspection conclusions, recommendations, and decisions on administrative penalties, the agencies, units, and individuals subject to inspection are responsible for implementing the contents, deadlines, requirements, recommendations, and decisions on administrative penalties fully and accurately, including:

1. Making and organizing the implementation of decisions within their authority to handle administrative and economic matters regarding agencies, organizations, and individuals who violate the law;

2. Issuing decisions to recover money and assets from violators (if applicable);

3. Requesting the Heads of subordinate agencies and units to take administrative and economic measures against violative agencies, organizations, and individuals and report the results of such measures to the inspection agency that requested them for monitoring and guidance;

4. Applying measures within their authority to address deficiencies, weaknesses, and shortcomings in management work; amending, supplementing, or recommending competent authorities to apply measures to address deficiencies and improve mechanisms, policies, and laws;

5. Within thirty days, they must report the results of implementation to the agencies that issued the conclusions, recommendations, and decisions on administrative penalties;

6. For inspections related to complaints and grievances, they shall be implemented according to the laws on complaints and grievances;

7. For anti-corruption inspections, they shall be implemented according to the laws on anti-corruption;

8. If agencies, units, or individuals subject to inspection delay or fail to implement inspection conclusions, recommendations, and decisions on administrative penalties, the inspection agency will require the direct supervisors of the inspected entities to apply measures within their authority to compel the inspected entities to comply;

9. In cases where agencies, units, or individuals subject to inspection intentionally fail to implement or the direct supervisors of the inspected entities are negligent or cover up, they will be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the nature and severity of the situation;

10. In all cases where inspected entities delay, fail to implement, or intentionally fail to implement inspection conclusions, recommendations, and decisions on administrative penalties, or cover up such actions, the agencies and officials tasked with monitoring and urging compliance with inspection conclusions, recommendations, and decisions on administrative penalties must promptly report to the Head who made the decision on administrative penalties and the Ministry of Public Security (through the Ministry's Inspection) to ensure strict enforcement.

VIII. ON THE ESTABLISHMENT, MANAGEMENT, USE, AND SETTLEMENT OF INSPECTION OPERATIONAL EXPENSES OF THE PUBLIC SECURITY FORCE AS PROVIDED FOR IN ARTICLE 31 OF DECREE NO. 63/2006/NĐ-CP

1. Regarding the scope of application: inspection agencies within the Public Security Force established in accordance with Clause 1, Article 5 of Decree No. 63/2006/NĐ-CP;

2. Dedicated inspectors of county-level public security inspections are applied as prescribed in Clause 1, Section VIII of this Circular; for dedicated or concurrently assigned inspectors stationed in areas without inspection organizations, funds for inspection activities are taken from the regular budget of the unit;

3. Content of expenditures, expenditure levels, sources of funding, principles, and the level of supplementary funding for inspection activities from other sources are regulated by law; the preparation of budgets and settlement of inspection operational expenses are applied in accordance with Joint Circular No. 42/2006/TTLT-BTC-TTCP dated May 15, 2006, between the Ministry of Finance and the Government Inspectorate.

IX. REGARDING THE STATE MANAGEMENT OF INSPECTION WORK; COMPLAINT AND ACCUSATION RESOLUTION WORK; CITIZEN RECEPTION WORK; PREVENTION AND COMBATTANCE OF CORRUPTION IN THE POLICE IS REGULATED IN CLAUSE 1 OF ARTICLES 6, 9, 12, 13 AND CLAUSE 2 OF ARTICLE 16 OF DECREE NO. 63/2006/NĐ-CP.

1. The Minister of Public Security shall unify the state management over inspection work; complaint and accusation resolution work; citizen reception work; prevention and combattance of corruption within the scope of management of the Ministry of Public Security. The content of state management includes:

a) Issuing, guiding and organizing the implementation of normative legal documents on inspection work in the Police;

b) Improving organizational structure, strengthening staff, implementing policies, ensuring necessary conditions for the operation of inspection work in the Police;

c) Approving the program and plan for the next year's inspection work submitted by the Inspector General of the Ministry no later than December 31 of the current year;

d) Providing information, educating, and disseminating laws on inspection; complaint and accusation resolution; citizen reception; prevention and combattance of corruption both inside and outside the Police force;

đ) Inspecting and checking the implementation of legal provisions within the assigned responsibility;

e) Implementing the reporting system on the situation of inspection work; complaint and accusation resolution; citizen reception; prevention and combattance of corruption within the Police force to the Government;

g) Utilizing the results of such work to serve state management in national security protection, social order and safety maintenance; building the Police force and other areas under the management of the Police;

h) Summarizing practical experiences, researching and constructing theoretical foundations to serve various aspects of inspection work in the Police force;

i) Training and enhancing inspection skills for Heads and staff engaged in inspection work in the Police force;

k) International cooperation in the fields of inspection work in the Police.

2. Heads of units and local police forces are responsible to their immediate superiors for managing inspection work; complaint and accusation resolution work; citizen reception work; prevention and combattance of corruption within their respective scopes of management.

3. The Inspectorate of the Ministry has the responsibility to assist the Minister in state management over inspection work; complaint and accusation resolution work; citizen reception work; prevention and combattance of corruption in the Police.

Local Police Inspectorates and dedicated or concurrently serving inspection officers in places without an Inspectorate have the responsibility to assist their respective Heads in managing inspection work; complaint and accusation resolution work; citizen reception work; prevention and combattance of corruption in the Police.

4. Criminal Investigation Departments and National Security Investigation Departments at all levels in the Police have the responsibility to manage complaint and accusation resolution work in criminal proceedings according to the law and regularly exchange information with the Police Inspectorate to assist their respective Heads in comprehensive management.

X. IMPLEMENTATION

This Circular takes effect fifteen days from the date of publication in the Official Gazette. All previous regulations of the Ministry of Public Security that conflict with this Circular are abolished.

Comrades General Directors, Inspector General of the Ministry of Public Security, Heads of units directly subordinate to the Minister, and Provincial Police Chiefs and Chief of Police of centrally governed cities are responsible for implementing this Circular./.