Decree No. 157/2006/NĐ-CP on the organization and operation of the Foreign Affairs Inspection

DECREE

Regarding the organization and operation of the Foreign Affairs Inspection

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THE GOVERNMENT

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

Based on the Inspection Law dated June 15, 2004;

Based on the Ordinance on Diplomatic Missions of the Socialist Republic of Vietnam Abroad dated December 2, 1993;

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

Considering the proposal of the Minister of Foreign Affairs.

 DECREE:

PART I

GENERAL PROVISIONS

Article 1. Position and Functions

The Foreign Affairs Inspection is an inspection body under the foreign affairs sector; at the central level, it is the Foreign Affairs Inspection under the Ministry of Foreign Affairs (hereinafter referred to as the Ministry Inspection), and at provincial and centrally-administered city levels, it is the Foreign Affairs Inspection under the Department of Foreign Affairs (hereinafter referred to as the Department Inspection); performing administrative inspection functions and specialized inspection functions related to foreign affairs within the scope of state management as prescribed by law.

Article 2. Inspection Object

1. Agencies, organizations, and individuals directly under the management of state agencies responsible for foreign affairs.

2. Diplomatic missions of the Socialist Republic of Vietnam abroad.

3. Representative offices with legal personality of Vietnamese agencies, organizations, and individuals abroad; Vietnamese agencies, organizations, and individuals, and foreign agencies, organizations, and individuals in Vietnam participating in activities within the scope of state management of the Ministry of Foreign Affairs and the Department of Foreign Affairs regarding foreign affairs. In cases where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise, such provisions shall apply.
1. Foreign Affairs Inspection activities must comply with the law, ensuring accuracy, objectivity, honesty, transparency, democracy, timeliness, without hindering the normal operations of the inspected entities and relevant agencies, organizations, and individuals.

Article 3. Principles of Operation

2. When conducting inspections, the person issuing the inspection decision, the head of the inspection agency, the leader of the inspection team, the inspector, and members of the inspection team must comply with the laws on inspection and other relevant laws and bear responsibility for their actions and decisions.

Working Relationships

Article 4. 1. The Ministry Inspection is subject to direct leadership and guidance from the Minister of Foreign Affairs, while also being subject to guidance and direction on work, organization, and inspection business by the Government Inspectorate in accordance with the law.

2. The Department Inspection is subject to direct leadership and guidance from the Director of the Department of Foreign Affairs, while also being subject to guidance and direction on administrative inspection work by the provincial inspectorate and guidance on specialized inspection business by the Ministry Inspection.

3. The Foreign Affairs Inspection coordinates with the Inspections of Ministries, ministerial-level agencies, government agencies, and other local agencies during the inspection process concerning foreign affairs issues to avoid overlap and enhance the effectiveness of inspections, prevention, and handling of violations of the law.

ORGANIZATION, DUTIES, AND POWERS OF THE FOREIGN AFFAIRS INSPECTION

Chapter II

Organization

Article 5. 1. The Ministry of Foreign Affairs has the Ministry Inspection.

2. Provincial and centrally-administered city Departments of Foreign Affairs have the Department Inspection.

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

1. The Ministry Inspection is an agency of the Ministry of Foreign Affairs, responsible for assisting the Minister of Foreign Affairs in managing state affairs related to inspection, performing inspection duties and powers in administrative and specialized fields within the scope of the Ministry of Foreign Affairs' state management.

Article 6. Inspectorate Department

2. The Ministry Inspection has the Chief Inspector, Deputy Chief Inspectors, and Inspectors. The appointment, dismissal, and removal of the Chief Inspector, Deputy Chief Inspectors, and Inspectors are carried out in accordance with the law.

3. The Ministry Inspection has departments to perform its assigned functions and tasks. The Minister of Foreign Affairs specifies in detail the duties, powers, organizational structure, and staffing of the Ministry Inspection.

Duties and Powers of the Ministry Inspection

Article 7. 1. Inspect the implementation of policies, laws, and tasks of agencies, organizations, and individuals under the Ministry of Foreign Affairs' state management.

2. Inspect the implementation of policies, laws, and tasks of Vietnamese diplomatic missions abroad; activities of representative offices with legal personality of Vietnamese agencies, organizations, and individuals abroad; Vietnamese agencies, organizations, and individuals, and foreign agencies, organizations, and individuals in Vietnam related to foreign affairs within the scope of the Ministry of Foreign Affairs' state management.

3. Take the lead or participate in drafting normative legal documents; propose competent authorities to amend, supplement, or promulgate normative legal documents related to inspection of foreign affairs work.

4. Impose administrative penalties in the field of foreign affairs in accordance with the law on handling administrative violations.

5. Assist the Minister of Foreign Affairs in organizing citizen reception and handling complaints and denunciations in accordance with the law on complaints and denunciations.

6. Perform anti-corruption prevention and combat duties in accordance with the law on anti-corruption.

7. Monitor, inspect, and urge the implementation of inspection conclusions, recommendations, and decisions on handling.

8. Recommend state agencies with authority to handle violations of the law in the field of foreign affairs; suspend the enforcement or revoke regulations, decisions contrary to the law discovered through inspection work.

9. Guide, inspect, and units under the Ministry of Foreign Affairs to implement legal provisions on inspection work and complaint resolution; guide and train specialized inspection business for the Department Inspection.

10. Summon officials and civil servants of related agencies and units to join the inspection team.

11. Summarize and report on inspection work results, complaint and denunciation resolution, anti-corruption efforts within the scope of the Ministry of Foreign Affairs' state management in accordance with regulations.

12. Perform international cooperation tasks in the field of inspection related to foreign affairs work.

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

Duties and Powers of the Chief Inspector of the Ministry

Article 8. Duties and powers of the Inspector General of the Ministry

1. Assist the Minister of Foreign Affairs (hereinafter referred to as the Minister) in leading and directing inspection work within the scope of the Ministry of Foreign Affairs' state management.

2. Develop inspection programs and plans for submission to the Minister for decision and organization of implementation.

3. Handle administrative violations in the field of foreign affairs work in accordance with the provisions of the law.

4. Submit to the Minister for decision on conducting surprise inspections when signs of law violation are discovered.

5. Submit to the Minister for decision or decide within their authority on the establishment of inspection teams, appointment of inspectors, and summoning of inspection collaborators to perform inspection tasks in accordance with the provisions of the law.

6. Propose to the Minister to handle overlapping and repetitive programs, plans, and contents of inspections and audits within the scope of the Ministry's state management; advise the Minister to coordinate with the Chairman of the People's Committee of provinces and centrally governed cities to handle overlapping and repetitive programs, plans, and contents of inspections and audits related to foreign affairs work in provinces and centrally governed cities.

7. Assist the Minister in inspecting and auditing the responsibility of heads of agencies and units under the Ministry of Foreign Affairs in implementing laws on inspection and handling complaints and denunciations; propose to the Minister to consider responsibility and handle persons who violate laws within the Minister's jurisdiction; coordinate with heads of agencies and organizations in considering responsibility and handling persons who violate laws within the jurisdiction of those agencies and organizations.

8. Propose to the Minister to temporarily suspend or revoke decisions made by agencies and organizations under the Ministry of Foreign Affairs' jurisdiction when there is evidence that such decisions contravene the law or obstruct inspection activities.

9. Monitor, inspect, and urge the implementation of conclusions, recommendations, and decisions on handling inspections within the responsibility of heads of agencies and units under the Ministry of Foreign Affairs' jurisdiction.

10. Lead the Ministry's Inspection Agency in performing tasks and exercising powers as prescribed by this Decree and other relevant laws.

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

Article 9. Provincial Inspectorate

1. The Provincial Inspectorate is an agency of the Department of Foreign Affairs, responsible for assisting the Department Director in performing administrative inspection and specialized inspection tasks within the scope of the Department Director's duties and powers.

2. The Provincial Inspectorate has a Chief Inspector, Deputy Chief Inspectors, and Inspectors. The appointment, dismissal, and removal of the Chief Inspector, Deputy Chief Inspectors, and Inspectors shall be carried out in accordance with the provisions of the law.

3. The establishment of the Provincial Inspectorate is decided by the Department Director of Foreign Affairs after reaching consensus with the Chief Inspector of the province and the Director of the Department of Home Affairs, who then submit the proposal to the Chairman of the Provincial People's Committee for approval. Based on management requirements and tasks, the Department Director of Foreign Affairs specifies the tasks, powers, organizational structure, and staffing of the Provincial Inspectorate.

Article 10. Tasks and Powers of the Provincial Inspectorate

1. Inspect the implementation of policies, laws, and tasks of agencies, organizations, and individuals under the Department of Foreign Affairs' jurisdiction.

2. Inspect compliance with laws and specialized regulations within the scope of the Department of Foreign Affairs' state management concerning Vietnamese agencies, organizations, and individuals, and foreign agencies, organizations, and individuals in Vietnam, as provided by law.

3. Administer administrative penalties in accordance with the provisions of the law on administrative offenses.

4. Perform tasks related to complaint and denunciation resolution as prescribed by the law on complaints and denunciations.

5. Carry out tasks related to prevention and combating corruption as prescribed by the law on prevention and combating corruption.

6. Propose to competent state agencies to suspend the enforcement or revoke regulations found to be contrary to the law through inspection work.

7. Guide and inspect subordinate units in implementing laws on inspection, complaint, and denunciation resolution.

8. Request relevant agencies and units to assign officials and civil servants to participate in inspection teams.

9. Summarize and report on the results of inspection work; complaint and denunciation resolution; and anti-corruption efforts within the scope of the Department of Foreign Affairs' state management.

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

Article 11. Tasks and Powers of the Chief Inspector of the Provincial Inspectorate

1. Lead and direct inspection work within the scope of the Department of Foreign Affairs' state management in accordance with the provisions of the law.

2. Develop inspection programs and plans for submission to the Department Director for decision and organize the implementation of these programs and plans.

3. Administer administrative penalties in accordance with the provisions of the law on administrative offenses.

4. Submit to the Department Director for decision on conducting inspections when signs of law violation are discovered.

5. Propose to the Department Director to consider and handle persons who violate laws on foreign affairs work within the Department's jurisdiction; coordinate with heads of agencies and organizations under the Department in considering responsibility and handling persons who violate laws within the jurisdiction of those agencies and organizations.

6. Perform tasks related to complaint and denunciation resolution as prescribed by the law on complaints and denunciations.

7. Inspect and audit the responsibility of heads of units under the Department in implementing laws on inspection, complaint, and denunciation resolution; prevention and combating corruption. When necessary, propose to the Department Director to convene heads of related agencies and units to meet and propose and unify measures to handle complex inspection, complaint, and denunciation cases.

8. Monitor, inspect, and urge the implementation of conclusions, recommendations, and decisions on handling inspections within the responsibility of heads of units under the Department Director's jurisdiction.

9. Lead the Provincial Inspectorate Agency in performing tasks and exercising powers as prescribed by this Decree and other relevant laws.

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

Article 12. INSPECTION ACTIVITIES IN LOCALITIES WITHOUT A DEPARTMENT OF FOREIGN AFFAIRS

For provinces and centrally governed cities without a Department of Foreign Affairs, the head of the agency managing foreign affairs work shall be responsible for using personnel under their jurisdiction to concurrently undertake some inspection tasks and be subject to guidance on specialized inspection work from the Ministry's Inspectorate.

Chapter III

INSPECTORS AND INSPECTION COLLABORATORS

Article 13. Inspectors

1. A Diplomatic Inspector is a civil servant appointed to the inspector rank to perform inspection tasks. The appointment, dismissal, and removal of a Diplomatic Inspector shall be carried out in accordance with the provisions of the law.

2. A Diplomatic Inspector performs duties and powers as prescribed by the Inspection Law and other duties and powers as stipulated by the law.

3. A Diplomatic Inspector must meet the standards for the ranks of civil servants in the Inspection sector as prescribed by the Inspection Law and must also meet the conditions and standards appropriate to the sector and field as specified by the Minister of Foreign Affairs.

4. A Diplomatic Inspector enjoys benefits and policies and is guaranteed necessary conditions for inspection activities as prescribed by the law.

Article 14. Collaborating Inspectors

1. Collaborating Inspectors are individuals recruited to perform inspection tasks at the request of the Chief Inspector at various levels or the head of state agencies with authority to carry out inspection tasks.

2. Collaborating Inspectors must have good political qualities; a sense of responsibility, honesty, objectivity, fairness; and professional qualifications suitable for the inspection tasks assigned in the foreign affairs sector.

3. Collaborating Inspectors enjoy benefits and policies as prescribed by the law and are provided with conditions to complete their tasks.

Chapter IV

ACTIVITIES OF DIPLOMATIC INSPECTION

Article 15. Scope of Inspection

1. Inspection of the implementation of policies, laws, and tasks of agencies, organizations, and individuals under the management of the Ministry of Foreign Affairs and Provincial Departments of Foreign Affairs.

2. Specialized inspection of agencies, organizations, and individuals in the following fields:

a) Implementation of policies, laws, and tasks of diplomatic missions of the Socialist Republic of Vietnam abroad;

b) Activities of representative offices with legal personality of Vietnam abroad, of Vietnamese agencies, organizations, and individuals, and foreign agencies, organizations, and individuals in Vietnam related to foreign affairs work within the scope of management of the Ministry of Foreign Affairs and Provincial Departments of Foreign Affairs;

c) Signing and implementing international treaties;

d) Border and national territory work;

đ) Work with overseas Vietnamese communities;

e) Consular, entry-exit work for Vietnamese citizens and foreigners as assigned by the Government; legalization, consular certification, nationality, and household registration; protection of citizens abroad as prescribed by law;

g) Diplomatic work serving economic development;

h) Other areas related to foreign affairs work within the scope of management of the Ministry of Foreign Affairs and Provincial Departments of Foreign Affairs as prescribed by law.

Article 16. Forms and Methods of Inspection Activities

1. Diplomatic inspection activities are conducted in the form of program-based and plan-based inspections and surprise inspections.

Program-based and plan-based inspections are approved by the Minister of Foreign Affairs and the Director of Provincial Departments of Foreign Affairs.

Surprise inspections are conducted when organizations or individuals show signs of violating the law; upon request for handling complaints and reports; upon request for preventive work and anti-corruption efforts; or as assigned by the head of the competent state management agency.

2. Inspections are carried out through inspection teams or individual inspectors.

Inspection teams and inspectors operate in accordance with the law on inspection and other relevant laws.

Chapter V

UNIFORMS, BADGES, RANKS, SIGNS, INFRASTRUCTURE AND TECHNICAL EQUIPMENT, AND OPERATING FUNDS

INFRASTRUCTURE AND TECHNICAL EQUIPMENT AND OPERATING FUNDS

Article 17. Uniforms, Badges, Ranks, Signs

1. Diplomatic inspection has uniforms, badges, ranks, and signs as prescribed by law.

It is strictly prohibited for organizations and individuals to use similar uniforms, badges, ranks, and signs that may cause confusion with Diplomatic Inspectors.

2. The Minister of Foreign Affairs shall specify the uniforms, badges, ranks, and signs of Diplomatic Inspectors after coordinating with the General Inspector.

Article 18. Infrastructure and Technical Equipment

1. Diplomatic inspection agencies are allocated office space, means of transportation, and technical equipment to serve inspection work.

2. The Minister of Foreign Affairs shall specify the details of means of transportation and technical equipment for Diplomatic inspection agencies in accordance with the law.

Article 19. Operating Funds

1. The operating funds of Diplomatic Inspection are provided from the state budget and other sources as prescribed by law.

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

Chapter VI

RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS, AND INDIVIDUALS IN THE IMPLEMENTATION OF INSPECTION CONCLUSIONS

IN DIPLOMATIC INSPECTION ACTIVITIES

Article 20. Responsibilities of Heads of State Management Agencies in Diplomatic Inspection Activities

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

2. The Chairman of the People's Committee of provinces and centrally-administered cities is responsible for directing the Director of the Provincial Department of Foreign Affairs to improve the organization, ensure funding, staffing, infrastructure, and other necessary conditions for the activities of the Provincial Department's Inspection; directing the heads of agencies managing foreign affairs work to assign personnel under their jurisdiction to concurrently undertake some inspection tasks in localities without Provincial Departments of Foreign Affairs.
3. The Director of the Provincial Department of Foreign Affairs is responsible for organizing and directing activities, improving the organization of the Provincial Department's Inspection; promptly addressing conclusions and recommendations of the Provincial Department's Inspection as prescribed by law.

Rights, Obligations, and Responsibilities of the Inspected Object; Responsibilities of Related Agencies, Organizations, and Individuals

Article 21. 1. The inspected objects have rights, obligations, and responsibilities as prescribed by the Inspection Law and other relevant legal documents.

2. Agencies, organizations, and individuals with information and documents related to the inspection content must provide them fully and promptly according to the requirements of the inspection agency and bear responsibility for the accuracy and truthfulness of the information and documents provided.

2. Organizations, individuals having information, documents related to the inspection content must provide fully and promptly according to the requirements of the inspection agency and bear responsibility for the accuracy and truthfulness of the provided information and documents.

The provision, use, and management of information and documents containing contents classified as state secrets shall be carried out in accordance with the provisions of the law on the protection of state secrets.

Chapter VII

REWARD AND DISCIPLINARY ACTION FOR VIOLATIONS

AND SETTLEMENT OF COMPLAINTS AND REPORTS

Article 22. Awards

Organizations and individuals who have achievements in the activities of Diplomatic Inspection shall be rewarded in accordance with the provisions of the law.

Article 23. Handling of violations

Those who oppose, obstruct, bribe, persecute, retaliate against persons performing inspection duties or falsely report, violate the law on inspection; those who abuse their inspection powers for personal motives or lack a sense of responsibility, resulting in false inspection conclusions that infringe upon the lawful rights and interests of organizations and individuals operating in the field of diplomacy shall be subject to disciplinary action, administrative penalties, or criminal prosecution, if causing damage, they must compensate according to the provisions of the law, depending on the nature and degree of violation.

Article 24. Settlement of complaints and reports in inspection activities

The settlement of complaints and reports in Diplomatic Inspection activities shall be carried out in accordance with the provisions of the law on complaints and reports.

Chapter VIII

IMPLEMENTING PROVISIONS

Article 25. Effectiveness

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

Article 26. Guidance and responsibility for implementation

1. The Minister of Foreign Affairs shall take the lead and coordinate with the Ministers and Heads of agencies at the ministerial level relevant 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 directly under the central government shall be responsible for enforcing this Decree./.