Decree No. 153/2005/ND-CP stipulates the organization and operation of Agricultural Inspection and Rural Development, applicable to agencies, organizations, and individuals under state management in agriculture. Notably, it defines the specific powers and responsibilities of the Ministry's Inspectorate, Department Inspectorate, and Provincial Inspectorate in administrative inspection and specialized inspection.
Scope of application
Agricultural Inspection and Rural Development at central level (Ministry Inspectorate), provincial level (Provincial Inspectorate), and departmental level, together with agencies, organizations, and individuals under state management in agriculture.
Key points
- Agricultural Inspection and Rural Development is organized according to administrative levels, with the Ministry Inspectorate and Department Inspectorate at the central level; Provincial Inspectorate and specialized veterinary inspection, plant protection and quarantine at the provincial level.
- Agricultural Inspectors are civil servants appointed to perform administrative inspection and specialized inspection tasks.
- Inspection activities are carried out in the form of program-based or plan-based inspections, or surprise inspections. The duration for administrative inspection does not exceed 70 days, while specialized inspection does not exceed 45 days.
- The person issuing the inspection decision must clearly define the inspected object, time frame, and responsibilities of relevant agencies, units, and individuals. In cases of violation, the person issuing the inspection decision is responsible for the conclusions and measures taken during the inspection process.
- Agencies, organizations, and individuals subject to inspection must comply with the content and timeframes of the requirements and implement the inspection resolution decisions; report on implementation to the agency that issued the inspection conclusion.
🌐 Social impact of this document
- Positive impact: Strengthening the effectiveness of state management, detecting and preventing violations of laws in the agricultural sector.
- Negative impact: May impose burdens in terms of time and cost on agencies, organizations, and individuals subject to inspection; may hinder their normal operations if the inspection process is not conducted fairly and transparently.
- Positive impact: Protecting the legitimate rights and interests of people and businesses in the agricultural sector.
❓ Frequently asked questions
How does Agricultural Inspection and Rural Development operate?
Agricultural Inspection and Rural Development performs administrative and specialized inspection functions, adhering to the law, ensuring accuracy, objectivity, honesty, transparency, democracy, and timeliness; without hindering the normal operations of inspected agencies, organizations, and individuals.
What authorities do Agricultural Inspectors have?
Agricultural Inspectors carry out tasks and authorities prescribed by the Inspection Law and other tasks and authorities as stipulated by law. They are recruited, appointed, relieved of duty, and issued inspection cards according to regulations of competent state agencies.
How long are administrative and specialized inspections?
Administrative inspection does not exceed 70 days, including inspections conducted by the Ministry Inspectorate which do not exceed 45 days; specialized inspection does not exceed 45 days.
What responsibilities does the person issuing the inspection decision have?
The person issuing the inspection decision must follow the provisions of the Inspection Law, clearly defining the inspected object, time frame, and responsibilities of relevant agencies, units, and individuals. They also bear responsibility for the conclusions and measures taken during the inspection process.
What must agencies, organizations, and individuals subject to inspection do?
Upon receiving the inspection conclusion and resolution decision, agencies, organizations, and individuals subject to inspection must comply with the content and timeframes of the requirements and implement the inspection resolution decisions; report on implementation to the agency that issued the inspection conclusion and the direct supervisory agency.
Full text
DECREE
On the organization and operation of Agricultural Inspection and Rural Development
and Rural Development
THE GOVERNMENT
Pursuant to the Law on Organization of the Government dated December 25, 2001;
Based on the Law on Inspection dated June 15, 2004;
Based on the Ordinance on Administrative Violation Handling dated July 2, 2002;
Considering the proposal of the Minister of Agriculture and Rural Development,
DECREE:
PART I
GENERAL PROVISIONS
Article 1. Position and Functions
Agricultural Inspection and Rural Development is organized according to administrative levels, at the central level there is Agricultural Inspection and Rural Development under the Ministry of Agriculture and Rural Development (hereinafter referred to as the Ministry's Inspection) and Inspection of Bureaus; at provincial and centrally-administered city levels, there is Agricultural Inspection and Rural Development under the Department of Agriculture and Rural Development (hereinafter referred to as the Department's Inspection) and specialized veterinary inspection, plant protection and quarantine inspection; performing administrative inspection and specialized inspection functions within the scope of state management of the Ministry of Agriculture and Rural Development and the Department of Agriculture and Rural Development as prescribed by law.
Article 2. Inspection Objects
1. Agencies, organizations, and individuals under the management of the Ministry of Agriculture and Rural Development and the Department of Agriculture and Rural Development of provinces and centrally-administered cities.
2. Agencies, organizations, and individuals of Vietnam and foreign agencies, organizations, and individuals in Vietnam participating in activities within the scope of state management on agriculture and rural development. In case international treaties to which Vietnam is a member provide different provisions from those stipulated in this Decree, such treaty provisions shall apply.
Article 3. Principles of Operation
1. The operations of Agricultural Inspection and Rural Development must comply with the law, ensuring accuracy, objectivity, honesty, transparency, democracy, and timeliness; not hindering the normal operations of inspected agencies, 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 comply with the laws on inspection and bear legal responsibility for their actions and decisions.
Chapter II
ORGANIZATION, DUTIES, AND POWERS OF AGRICULTURAL INSPECTION AND RURAL DEVELOPMENT
AGRICULTURE AND RURAL DEVELOPMENT
Article 4. Organization of Agricultural Inspection and Rural Development
1. At the Ministry of Agriculture and Rural Development, there is the Ministry's Inspection; Inspections of the Plant Protection Bureau, Animal Health Bureau, Flood Control and Dyke Management Bureau, Forest Management Bureau (hereinafter collectively referred to as Bureau Inspections).
2. At the Department of Agriculture and Rural Development of provinces and centrally-administered cities (hereinafter collectively referred to as the Department's Inspection), there is the Department's Inspection and specialized veterinary inspection, plant protection and quarantine inspection.
The Minister of Agriculture and Rural Development shall specify the organization of the Department's Inspection, specialized veterinary inspection, and plant protection and quarantine inspection.
3. The Ministry's Inspection, Bureau Inspections, and Department's Inspection shall have separate seals and accounts as prescribed by law.
Article 5. Organization of the Ministry's Inspection
1. The Ministry's Inspection is an agency of the Ministry of Agriculture and Rural Development responsible for assisting the Minister of Agriculture and Rural Development in managing state administration regarding inspection work; performing administrative inspection duties against agencies, organizations, and individuals under the Ministry’s management and specialized inspection duties in fields within the scope of the Ministry of Agriculture and Rural Development’s state management.
2. The Ministry's Inspection has a Chief Inspector, Deputy Chief Inspector, and Inspectors; these positions are appointed and relieved of duty in accordance with the law.
3. The Ministry's Inspection has an Administrative and General Affairs Department and various specialized departments. The Minister of Agriculture and Rural Development specifies the number and names of these departments.
4. The Ministry's Inspection is directly managed and directed by the Minister of Agriculture and Rural Development, while also being guided and instructed on inspection work, organization, and specialized inspection techniques by the Government Inspectorate.
5. The Minister of Agriculture and Rural Development shall specify in detail the organizational structure, organization, and staffing of the Ministry's Inspection; specialized inspection activities in fields within the scope of the Ministry’s state management.
Article 6. Duties and Authorities of the Inspectorate of the Ministry
1. Inspect the implementation of policies, laws, and tasks of agencies, organizations, and individuals under the Ministry’s management.
2. Inspect compliance with procedures, regulations, technical standards, and business production conditions of agencies, organizations, and individuals within the scope of the Ministry’s state management by sector and field.
3. Assist the Minister of Agriculture and Rural Development in organizing citizen reception, handling complaints and denunciations in accordance with the law on complaints and denunciations.
4. Assist the Minister of Agriculture and Rural Development in guiding, directing, and implementing anti-corruption prevention and combat tasks in accordance with the law on anti-corruption.
5. Guide and train specialized inspection techniques for the Department's Inspection; guide and inspect units under the Ministry’s implementation of laws on inspection work and complaint and denunciation resolution.
6. Decide on administrative penalties in the agricultural and rural development sector in accordance with the law.
7. Recommend competent authorities to suspend illegal acts concerning agriculture and rural development of agencies, organizations, and individuals when sufficient grounds exist to determine that such violations cause damage to national interests, citizens' rights and lawful benefits, or revoke regulations contrary to laws on agriculture and rural development discovered through inspections.
8. Monitor, urge, and inspect the implementation of conclusions, recommendations, and decisions on handling inspections issued by the Ministry's Inspection.
9. Summarize experiences, develop inspection techniques within the scope of the Ministry’s state management.
10. Aggregate and report results on inspection work, complaint and denunciation resolution, and anti-corruption within the scope of the Ministry’s state management.
11. Inspect other cases assigned by the Minister of Agriculture and Rural Development; perform other tasks and powers as prescribed by law.
Article 7. Duties and Authorities of the Inspector General of the Ministry
1. Lead and direct administrative inspection work for agencies, organizations, and individuals under the direct management of the Minister and specialized inspection work within the scope of the Ministry's state management.
2. Develop programs and plans for administrative inspections and specialized inspections to be submitted to the Minister of Agriculture and Rural Development for decision, and organize the implementation of these programs and plans.
3. Submit to the Minister of Agriculture and Rural Development for decision on conducting inspections when signs of law violations are discovered.
4. Guide and urge the heads of agencies and units under the Ministry's management to implement laws on inspection; coordinate with the heads of agencies and units within the Ministry to guide and organize internal inspection activities within those agencies and units.
5. Decide within their authority on the establishment of Inspection Teams, appointment of Inspectors; summoning officials and civil servants from related agencies and units to participate in Inspection Teams.
6. Decide on administrative penalties in the agricultural and rural development sector in accordance with the law.
7. Recommend the Minister of Agriculture and Rural Development to handle overlapping programs, plans, and contents of inspections and audits within the scope of the Ministry's state management; advise the Minister of Agriculture and Rural Development to coordinate with the Chairman of the People's Committee of the province to resolve overlapping programs, plans, and contents of inspections and audits at the provincial level.
8. Recommend the Minister of Agriculture and Rural Development to consider responsibility and handle persons who violate laws under the direct management of the Minister; guide the heads of agencies and organizations within the Ministry in considering responsibility and handling persons who violate laws under the management of those agencies and organizations.
9. Recommend the Minister of Agriculture and Rural Development to temporarily suspend the execution of decisions made by agencies, organizations, and individuals under the direct management of the Minister if there is evidence that such decisions contravene laws on inspection or hinder inspection activities.
10. Recommend the Minister of Agriculture and Rural Development to resolve issues concerning inspection work within their authority.
11. Monitor, inspect, and urge the implementation of conclusions, recommendations, and decisions on handling matters related to inspection within the responsibility of the heads of agencies and units under the Ministry.
12. Inspect and audit the responsibility of the heads of agencies and units under the Ministry's management in implementing laws on inspection.
13. Report to the Minister of Agriculture and Rural Development and the General Inspector on inspection work within their responsibility.
14. Lead the Ministry's Inspectorate in performing duties and exercising authorities as stipulated in this Decree and other relevant laws.
Article 8. Organization of the Inspectorate of the Directorate
1. The Inspectorate of the Directorate is an agency of the Directorate, responsible for carrying out administrative inspection functions and specialized inspection functions within the scope of the Directorate's state management as prescribed by law.
2. The Inspectorate of the Directorate has an Inspector General, Deputy Inspector General, and Inspectors.
The Inspector General of the Inspectorate of the Directorate is appointed, relieved, or dismissed by the Minister of Agriculture and Rural Development upon the proposal of the Director, after reaching consensus with the Inspector General of the Ministry.
The Deputy Inspector General of the Inspectorate of the Directorate is appointed, relieved, or dismissed by the Director in accordance with the law and the delegation of personnel management authority of the Ministry of Agriculture and Rural Development.
Inspectors are appointed or relieved in accordance with the law.
3. The Minister of Agriculture and Rural Development shall specify in detail the duties, authorities, and organizational structure of the Inspectorate of the Directorate, veterinary inspection, plant protection and quarantine inspection under the Department.
Article 9. Duties and Authorities of the Inspectorate of the General Department
1. Inspect the implementation of policies, laws, and assigned tasks for organizations and individuals directly under the management of the General Department Director.
2. Inspect the compliance with laws within the scope of specialized administrative management of the General Department.
3. Decide on administrative penalties according to the provisions of the law.
4. Assist the General Department Director in guiding, directing, and implementing tasks related to handling complaints and denunciations within the authority of the General Department Director as stipulated by the law on complaints and denunciations.
5. Assist the General Department Director in guiding, directing, and implementing tasks related to preventing and combating corruption within the scope of administrative management of the General Department Director as stipulated by the law on anti-corruption.
6. Monitor, inspect, and urge the implementation of conclusions, recommendations, and decisions on inspection by the Inspectorate of the General Department.
7. Recommend to competent state management agencies to suspend the enforcement or revoke regulations that contravene normative legal documents discovered through the activities of the Inspectorate of the General Department.
8. Summarize and report the results of inspections, complaint resolution, denunciation handling, and anti-corruption within the scope of management of the General Department Director as stipulated.
9. Guide and inspect subordinate units and organizations in implementing legal provisions on inspection work.
10. Summarize experiences and professional practices in the field of inspection within the scope of management of the Inspectorate of the General Department.
11. Request relevant agencies and organizations to assign officials and civil servants to participate in the inspection team of the General Department.
12. Inspect other cases assigned by the General Department Director; perform other duties and authorities as prescribed by law.
Article 10. Duties and Authorities of the Chief Inspector of the General Department
1. Lead and direct inspection work within the scope of management of the General Department.
2. Develop inspection programs and plans to submit to the competent authority for approval and organize their implementation.
3. Propose to the General Department Director to decide on inspection when signs of law violations in areas managed by the General Department are detected.
4. Recommend the General Department Director to temporarily suspend the execution of decisions made by organizations under the management of the General Department Director when signs of law violations are detected.
5. Decide on administrative penalties according to the provisions of the law.
6. Recommend the General Department Director to consider responsibility and handle persons who violate laws within the management authority of the General Department Director.
7. Direct the Inspectorate of the General Department to perform duties and authorities as prescribed by this Decree and other legal provisions.
8. Report to the Chief Inspector of the Ministry about inspection work, complaint resolution, denunciation handling, and anti-corruption within the scope and responsibilities of the Chief Inspector.
Article 11. Inspectorate of the Department
1. The Inspectorate of the Department is an agency of the Department of Agriculture and Rural Development, responsible for assisting the Department Director in performing inspection duties and authorities within the scope of the Department Director's tasks and powers.
2. The Inspectorate of the Department has a Chief Inspector, Deputy Chief Inspector, and Inspector; these positions are appointed and relieved of duty according to the provisions of the law.
3. The Inspectorate of the Department is directly directed by the Department Director, while also being guided and directed on inspection work and professional practices by the Inspectorate of the province and the Inspectorate of the Ministry regarding specialized inspection.
4. The Department Director of Agriculture and Rural Development decides on the organizational structure and staffing of the Inspectorate of the Department.
Article 12. Tasks and Authorities of the Department Inspectorate
1. Inspect the implementation of policies, laws, and assigned tasks of agencies, organizations, and individuals under the direct management of the Department.
2. Inspect compliance with procedures, regulations, technical standards, and business conditions of agencies, organizations, and individuals within the sectors managed by the Department.
3. Assist the Director of the Department in organizing citizen reception, handling complaints and reports according to the law on complaints and reports.
4. Assist the Director of the Department in guiding, directing, and implementing preventive and anti-corruption tasks according to the law on anti-corruption.
5. Guide and inspect agencies and units under the management of the Department in implementing legal provisions on inspection work; coordinate with heads of agencies and units under the Department to guide and direct internal inspection organization and activities within those agencies and units.
6. Monitor, inspect, and urge the implementation of conclusions, recommendations, and administrative penalty decisions made by the Department Inspectorate.
7. Decide on administrative penalties for violations in the agriculture and rural development sector according to the law.
8. Recommend competent state agencies to suspend illegal actions of agencies, organizations, and individuals when there is sufficient evidence that such actions cause damage to national interests, citizens' rights, and legitimate benefits, or revoke regulations contrary to state legal documents discovered through inspections.
9. Summarize and report to the Department Director and Provincial Inspector General on inspection work, complaint and report resolution, and anti-corruption efforts; report to the Ministry Inspector General on specialized inspection work according to the law.
10. Inspect other cases assigned by the Department Director; perform other tasks and authorities as prescribed by law.
Article 13. Tasks and Authorities of the Department Inspector General
1. Lead and direct administrative and specialized inspection work within the scope of the Department's management according to the law.
2. Develop inspection programs and plans for approval by the Department Director and organize their implementation.
3. Propose to the Department Director to decide on inspections when signs of law violations are detected.
4. Decide within authority on the establishment of inspection teams, appointment of inspectors; request relevant agencies and units to assign staff to join inspection teams.
5. Guide and urge heads of agencies and units under the Department's management to implement legal provisions on inspection.
6. Decide on administrative penalties in the agricultural and rural development sector in accordance with the law.
7. Recommend the Department Director to temporarily suspend the execution of incorrect inspection decisions of subordinate units when there is sufficient evidence that these decisions violate inspection laws or affect inspection activities; recommend the Department Director to consider responsibility and handle individuals who commit violations under the Department's management.
8. Recommend the Department Director to resolve issues related to inspection work within their authority.
9. Monitor, inspect, and urge the implementation of inspection conclusions, recommendations, and decision enforcement within the responsibility of heads of agencies and units under the Department's management.
10. Inspect and check the responsibility of heads of agencies and units under the Department's management in implementing the law on inspection.
11. Report to the Department Director, Provincial Inspector General, and Ministry Inspector General on inspection work, complaint and report resolution, and anti-corruption efforts within their responsibilities.
12. Lead the Department Inspectorate in performing tasks and authorities according to this Decree and other legal provisions.
Chapter III
INSPECTORS AND ASSISTANT INSPECTORS
Article 14. Inspectors
1. Agricultural and Rural Development Inspectors are civil servants appointed to the inspector rank to perform administrative inspection and specialized inspection tasks at Agricultural and Rural Development Inspection agencies.
2. Agricultural and Rural Development Inspectors carry out duties and powers as prescribed by the Inspection Law and other duties and powers as stipulated by law.
3. Agricultural and Rural Development Inspectors are recruited, appointed, relieved of their positions, and issued inspection cards according to the regulations of competent state agencies.
4. In addition to general conditions and standards for Inspectors as prescribed by the Inspection Law, Agricultural and Rural Development Inspectors must meet additional conditions and standards appropriate to their field and sector as specified by the Minister of Agriculture and Rural Development.
Article 15. Inspection Collaborators
1. Inspection collaborators are individuals called upon to perform inspection tasks at the request of the Chief Inspector at various levels or heads of competent state agencies to carry out inspection tasks.
2. Inspection collaborators must have good political qualities; be responsible, honest, impartial, and fair; possess professional qualifications suitable for the assigned inspection tasks.
3. The Minister of Agriculture and Rural Development shall take the lead in coordinating with relevant agencies to issue Regulations on Agricultural and Rural Development Inspection Collaborators.
Chapter IV
INSPECTION ACTIVITIES IN AGRICULTURE
AND RURAL DEVELOPMENT
Article 16. Content of Inspection
1. Inspection of compliance with policies, laws, and assigned tasks of agencies, organizations, and individuals as stipulated in Clause 1, Article 2 of this Decree.
2. Inspection of compliance with procedures, norms, technical standards, production and business conditions, and other legal provisions in the following fields:
a) Plant protection and quarantine;
b) Animal health;
c) Crop seeds; livestock breeds; animal feed; fertilizers;
d) Dike and embankment works;
đ) Forest protection and development;
e) Water conservancy works exploitation and protection;
g) Other fields as prescribed by law.
Article 17. Forms of Inspection
1. Inspection activities are carried out in the form of program-based and plan-based inspections and surprise inspections.
2. Program-based and plan-based inspections are approved by the Minister or Department Director.
3. Surprise inspections are conducted when organizations or individuals exhibit signs of violating the law; or as required for handling complaints and reports.
Article 18. Authority to Approve Inspection Programs and Plans and Issue Administrative and Specialized Inspection Decisions
1. The Minister of Agriculture and Rural Development and the Department Director approve the next year's inspection programs and plans submitted by the Chief Inspector of the Ministry or Department no later than December 31 of the previous year.
2. Inspection activities only proceed with an inspection decision.
3. Based on the approved inspection programs and plans, the Chief Inspector of the Ministry or Department issues an inspection decision and establishes an inspection team to implement the inspection decision or assigns specialized inspectors to perform the inspection tasks. If deemed necessary, the Minister or Department Director may issue an inspection decision and establish an inspection team.
4. The Chief Inspector of the Ministry submits to the Minister of Agriculture and Rural Development, and the Chief Inspector of the Department submits to the Department Director for issuing surprise inspection decisions within their respective jurisdictions.
5. In cases where specialized inspectors are assigned to conduct independent inspections, the person issuing the inspection decision must provide a document clearly defining the scope, tasks, and time frame for the inspection.
Article 19. Basis for issuing inspection decisions and contents of inspection decisions
1. Basis for issuing inspection decisions
The issuance of inspection decisions must be based on one of the following grounds:
a) Inspection programs and plans that have been approved;
b) Requests from the head of state administrative agencies;
c) Requirements for handling complaints and reports;
d) When signs of violation of laws are discovered.
2. Contents of inspection decisions:
a) Legal basis for inspection;
b) Content, subject, scope, and tasks of inspection;
c) Time limit for conducting inspections as prescribed by laws on inspection;
d) Head of the inspection team and other members participating in the inspection team.
Article 20. Time limit for inspection
1. Time limit for administrative inspection:
a) An inspection conducted by the Ministry's Inspectorate shall not exceed 45 days; in complex cases, an extension decision may be issued, but it shall not exceed 70 days;
b) An inspection conducted by the Inspectorate of a Department shall not exceed 30 days; in mountainous areas or places with difficult access, an extension decision may be issued, but it shall not exceed 45 days.
2. Time limit for specialized inspection:
a) A specialized inspection organized through an inspection team shall not exceed 30 days;
b) In necessary cases, an extension decision may be issued once. The extension period shall not exceed the time limit specified in point a, Clause 2 of this Article.
c) The duration of the inspection is calculated from the date of publication of the inspection decision to the end of the inspection at the inspected location, excluding holidays and public holidays.
Article 21. 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. Decisions to conduct inspections and extend inspection periods must be made by the head of the inspection agency or the head of the state administrative management agency at the same level.
4. The head of the inspection team and inspectors must be responsible under the law and to the person who issued the inspection decision regarding decisions and measures taken during the inspection process and their inspection report results.
5. When handling violations, the head of the inspection team and inspectors must fully comply with the procedures prescribed by law.
Chapter V
UNIFORMS, BADGES, RANKS, SIGNS,
TECHNICAL MATERIAL AND FINANCIAL RESOURCES FOR ACTIVITIES
Article 22. Uniforms, badges, ranks, signs
1. The Agricultural and Rural Development Inspectorate has its own uniforms, badges, ranks, and signs.
It is strictly prohibited for organizations and individuals to use similar uniforms, badges, ranks, and signs that cause confusion with the Agricultural and Rural Development Inspectorate.
2. The Minister of Agriculture and Rural Development shall prescribe the uniforms, badges, ranks, and signs of the Agricultural and Rural Development Inspectorate after coordinating with the General Inspectorate.
Article 23. Technical material and equipment
1. Agricultural and Rural Development Inspectorates have offices and are equipped with technical means and devices to serve inspection work.
Depending on each specialty, state management agencies in agriculture and rural development must equip technical means and devices and support tools or weapons suitable for self-defense to serve the activities of inspectorates and specialized inspectors.
2. The Minister of Agriculture and Rural Development shall coordinate with the General Inspectorate, the Minister of Public Security, the Minister of National Defense, and the Minister of Finance to prescribe technical means and equipment and support tools or weapons for the Agricultural and Rural Development Inspectorate.
Article 24. Operating funds
1. The operating funds for the Agricultural Inspection and Rural Development shall be provided from the state budget and other sources as prescribed by law.
2. The establishment, management, and utilization of inspection business funds shall be carried out in accordance with the provisions of the law.
Chapter VI
RESPONSIBILITIES OF AUTHORITIES, ORGANIZATIONS, AND INDIVIDUALS
IN ENSURING THE INSPECTION ACTIVITIES
Article 25. Responsibilities of the decision-maker for inspections
1. The person making the inspection decision must implement according to the provisions of the Inspection Law when concluding inspections; recommendations for handling inspections must clearly identify the subject, time frame for implementation, and responsibility of relevant agencies, units, and individuals.
2. In cases where measures to recover money and assets are required as stipulated at point i, Clause 1, Article 42 of the Inspection Law, the inspection agency shall issue a decision on handling and organize the execution of that decision.
Article 26. Responsibilities of the Minister of Agriculture and Rural Development and the Director of the Department of Agriculture and Rural Development
1. The Minister of Agriculture and Rural Development is responsible for leading and directing the activities of the inspection agency within the scope of the Ministry's administrative management; improving organizational structure, appointing positions of the Ministry's Inspection Agency in accordance with regulations; assigning capable and virtuous staff to inspection work; organizing, directing, and ensuring conditions for the operation of the Ministry's Inspection Agency; promptly considering and handling conclusions and recommendations of the Ministry's Inspection Agency.
2. The Director of the Department of Agriculture and Rural Development is responsible for leading and directing the activities of the inspection agency within the scope of the Department's administrative management; improving organizational structure, appointing positions of the Department's Inspection Agency in accordance with regulations; assigning capable and virtuous staff to inspection work; directing and ensuring conditions for the operation of the Department's Inspection Agency; promptly considering and handling conclusions and recommendations of the Department's Inspection Agency.
3. Directing the development and approval of inspection programs and plans of subordinate inspection agencies.
4. Within fifteen days from the date of receiving the report on the results of the inspection, the Minister and the Director must consider and conclude the inspection and have the responsibility:
a) To issue decisions within their authority to handle administrative violations and economic issues against agencies, organizations, and individuals who violate the law and organize the implementation of these decisions;
b) To request the heads of subordinate agencies and units to take disciplinary measures against agencies, organizations, and individuals who violate the law and report the results of implementing these requests;
c) To apply measures within their authority to rectify and address weaknesses in management work or to recommend competent state agencies to amend, supplement, and perfect mechanisms, policies, and laws;
d) To inform the heads of relevant agencies about the results of considering and handling violations according to the inspection conclusion.
5. Regularly inspect and supervise the responsibilities of agencies, units, and individuals under their management in implementing the law on inspections.
6. Handling complaints and reports related to inspections in accordance with the provisions of the law.
7. Ensuring funding and working conditions for inspection agencies.
8. Periodically listening to reports from subordinate inspection agencies and reporting regularly to higher-level state management agencies on inspection work. Promptly resolving difficulties and obstacles in inspection work; addressing overlapping issues in inspection and supervision activities within their jurisdiction.
Article 27. Responsibilities of Heads of Administrative and Service Units under Ministries and Departments and State-owned Enterprise Leaders under Ministries
1. Establish inspection organizations within their agencies, units, or enterprises; direct internal inspection activities within their agencies, units, or enterprises; periodically report on inspection work, complaint resolution, accusation handling, and anti-corruption efforts to higher-level inspection agencies and the heads of directly managing agencies as prescribed.
2. Implement provisions of the Inspection Law, Government Decree No. 41/2005/NĐ-CP dated March 25, 2005, and other provisions of this Decree.
Article 28. Responsibilities of Agencies, Organizations, and Individuals Subject to Inspection
1. Upon receiving inspection conclusions and decisions, agencies, organizations, and individuals subject to inspection shall be responsible for implementing the contents and deadlines of the requirements and decisions regarding inspections; report on implementation to the agency issuing the inspection conclusion and the directly managing agency.
2. In cases where agencies, organizations, or individuals subject to inspection fail to comply with or strictly comply with the requirements and decisions regarding inspections, the agency issuing the inspection decision shall request the head of the directly managing agency of the inspected entity to apply measures within their authority to compel compliance.
3. In cases where agencies, organizations, or individuals subject to inspection intentionally fail to implement or the head of the directly managing agency of the inspected entity is negligent or deliberately shields them, they shall be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the nature and severity of the violation; if damage is caused, compensation must be provided according to the law.
Article 29. Responsibilities of Related Agencies, Organizations, and Individuals
1. Agencies, organizations, and individuals possessing information, documents, or evidence related to the inspection content must provide them fully and promptly upon request from the inspection agency or the Head of the Inspection Team and bear responsibility for the accuracy and truthfulness of the provided information, documents, and evidence.
2. Within ten days from the date of receipt of the inspection conclusion or decision on handling issued by the inspection agency or competent state management agency, related agencies, organizations, and individuals must take measures to fulfill their responsibilities as determined in the inspection conclusion or decision and report the results to the requesting agency.
Article 30. Coordination Relationships in Agricultural and Rural Development Inspection Activities
Within the scope of their duties and powers, agricultural and rural development inspection authorities have the responsibility to coordinate with the heads of units under their direct management and relevant agencies and organizations in preventing, detecting, and handling violations of laws as prescribed by law.
Chapter VII
REWARD AND VIOLATION HANDLING
Article 31. Awards
Organizations and individuals who achieve outstanding results in agricultural and rural development inspection activities shall be awarded according to state regulations.
Article 32. Handling Violations
1. Persons obstructing, offering bribes, retaliating against those performing inspection duties, violating inspection laws; persons abusing inspection duties for personal motives or due to negligence making incorrect inspection conclusions or handling violations, infringing upon the lawful rights and interests of organizations and individuals, shall be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the nature and severity of the violation; if damage is caused, compensation must be provided according to the law.
2. During the course of inspection activities, the Minister or Department Director may decide to temporarily suspend (for a limited period) or terminate the activities of Agricultural and Rural Development Inspectors under their management based on the nature and severity of the violation.
Chapter VIII
IMPLEMENTING PROVISIONS
Article 33. Effective Date
This Decree shall take effect fifteen days after its publication in the Official Gazette.
Article 34. Responsibility for Implementation
1. The Minister of Agriculture and Rural Development shall lead and coordinate with relevant ministries and sectors 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./.
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