Decree No. 159/2016/ND-CP detailing and providing implementation measures for certain articles of the Inspection Law regarding the organization and operation of the People's Inspectorate.

DECREE

Regulations detailing and measures for implementing certain articles of the Inspection Law

concerning the organization and operation of People's Inspection Committees

______________________

Pursuant to the Law on Government Organization dated June 19, 2015;

Based on the Inspection Law dated November 15, 2010;

At the proposal of the Government Inspectorate;

The Government promulgates this Decree to detail regulations and measures for implementing certain articles of the Inspection Law concerning the organization and operation of People's Inspection Committees.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree details regulations and measures for implementing certain articles of the Inspection Law concerning the organization and operation of People's Inspection Committees at communes, wards, towns, state agencies, public service units, and state-owned enterprises.

Article 2. Role of People's Inspection Committees

People's Inspection Committees are established at communes, wards, towns, state agencies, public service units, and state-owned enterprises to monitor the implementation of policies and laws, the handling of complaints and denunciations, suggestions, and reflections, the implementation of laws on democracy at the grassroots level by agencies, organizations, and individuals, contributing to promoting democracy, combating corruption and negative practices, and protecting the rights and legitimate interests of citizens, agencies, organizations, and units.

Article 3. Standards and Conditions for Members of People's Inspection Committees

1. Members of People's Inspection Committees must be honest, impartial, reputable, knowledgeable about policies and laws, and voluntarily participate in People's Inspection Committees.

2. Members of People's Inspection Committees in state agencies, public service units, and state-owned enterprises must be employees of these agencies and units and cannot be heads or deputies of heads of these agencies, organizations, and units. The person elected as a member of the People's Inspection Committee must have a working period equal to or longer than the term of operation of the People's Inspection Committee.

3. Members of People's Inspection Committees at communes, wards, and towns must be residents of these communes, wards, and towns and cannot be current members of the People's Councils of these communes, wards, and towns.

Article 4. Principles of Operation of People's Inspection Committees

People's Inspection Committees operate according to the principles of objectivity, transparency, democracy, and timeliness; they work collectively and decide by majority rule.

Article 5. Prohibited acts

1. Threatening, retaliating against, or suppressing members of People's Inspection Committees.

2. Misusing the duties and powers of People's Inspection Committees to incite, entice, or lure others to file false complaints and denunciations and to commit acts contrary to the law.

Chapter II

ORGANIZATION AND OPERATION OF PEOPLE'S INSPECTION COMMITTEES AT COMMUNES, WARDS, AND TOWNS

Section 1

ORGANIZATION, TASKS, AND POWERS OF PEOPLE'S INSPECTION COMMITTEES AT COMMUNES, WARDS, AND TOWNS

Article 6. Organization of People's Inspection Committees

1. The organization of People's Inspection Committees at communes, wards, and towns shall be carried out in accordance with Article 68 of the Inspection Law.

2. Members of People's Inspection Committees at communes, wards, and towns shall be elected by the People's Congress or the People's Representative Congress at village, hamlet, ward, or neighborhood levels.

3. A People's Inspection Committee consists of a Chairperson, Deputy Chairpersons, and other members. The Chairperson is responsible for the overall operation of the People's Inspection Committee. Deputy Chairpersons assist the Chairperson in performing tasks. Other members perform their tasks as assigned by the Chairperson.

4. The term of office of People's Inspection Committees at communes, wards, and towns is two years.

Article 7. Number of Members of the People's Inspection Board

1. The People's Inspection Board at commune, ward, town shall have from 5 to 11 members.

For communes, wards, towns in the plains with a population under 5,000 people, they shall elect 5 or 7 members; from 5,000 to under 9,000 people, they shall elect 7 or 9 members; 9,000 people or more, they shall elect 9 or 11 members.

For communes, wards, towns in mountainous, midland, and island areas, each village, hamlet, group of households, residential area shall elect 1 member, but the number of members of the People's Inspection Board shall not exceed 11 people.

2. Based on the territory and population, the Standing Committee of the Vietnam Fatherland Front Committee at commune, ward, town decides the number of members of the People's Inspection Board at commune, ward, town.

Article 8. Election of Members of the People's Inspection Board

1. Based on the number of members of the People's Inspection Board at commune, ward, town, the Standing Committee of the Vietnam Fatherland Front Committee at commune, ward, town determines the number of members of the People's Inspection Board that each village, hamlet, group of households, residential area shall elect.

2. The Head of the Mass Work Team chairs and coordinates with the Village Chief, Group Leader of the Residential Area to organize a People's Meeting or a Meeting of Representatives of the People at village, hamlet, group of households, residential area to elect members of the People's Inspection Board.

3. Members of the People's Inspection Board are elected based on the introduction by the Mass Work Team and the nomination by the representatives attending the meeting. Members of the People's Inspection Board are elected through raising hands or secret ballot as decided by the meeting.

4. The People's Meeting or the Meeting of Representatives of the People shall be held when over 50% of the representatives summoned are present. The person elected as a member of the People's Inspection Board must receive the trust of over 50% of the representatives attending the meeting and be selected according to the order of the highest number of votes.

The Head of the Mass Work Team is responsible for reporting the election results to the Standing Committee of the Vietnam Fatherland Front Committee at commune, ward, town.

Article 9. Recognition of the People's Inspection Board

Within no more than 5 days from the date of completing the election of members of the People's Inspection Board, the Standing Committee of the Vietnam Fatherland Front Committee at commune, ward, town shall convene a meeting with the members of the People's Inspection Board to elect the Chairman, Deputy Chairmen, and submit the Resolution recognizing the People's Inspection Board to the Meeting of the Vietnam Fatherland Front Committee at the same level for approval, and inform the People's Council and People's Committee at the same level in the nearest session, post the recognition result of the People's Inspection Board at the office, and notify the local residents.

Article 10. Removal, Dismissal of Members of the People's Inspection Board and Election of Replacement Members

1. During the term of office, if a member of the People's Inspection Board fails to fulfill their duties or loses the trust of the people, the Vietnam Fatherland Front Committee at commune, ward, town shall propose to the People's Meeting or the Meeting of Representatives of the People to remove them and elect another person to replace them.

2. In cases where due to health reasons, family circumstances, or other reasons, a member of the People's Inspection Board submits a resignation letter to withdraw from the People's Inspection Board or becomes a member of the People's Committee at the commune level or changes their place of permanent residence to another locality as stipulated in Clause 3, Article 3 of this Decree, the Standing Committee of the Vietnam Fatherland Front Committee at commune, ward, town shall report to the Meeting of the Vietnam Fatherland Front Committee at the same level to temporarily relieve them of their duties and report to the nearest People's Meeting or Meeting of Representatives of the People to decide on dismissing that member and electing another person to replace them.

3. If the People's Inspection Board still has two-thirds or more of its members remaining after a member is removed or dismissed, the People's Inspection Board will continue to operate normally.

4. The election of replacement members of the People's Inspection Board for those who are removed or dismissed as stipulated in Clauses 1 and 2 of this Article shall be carried out in accordance with the provisions of Article 8 of this Decree.

Article 11. Tasks and Authorities of the People's Inspection Board and the Head of the People's Inspection Board

1. Tasks and Authorities of the People's Inspection Board:

a) Supervise agencies, organizations, and individuals responsible at commune, ward, town level in implementing policies and laws; handling complaints, denunciations, suggestions, and reflections; implementing laws on grassroots democracy according to Article 13 of this Decree. When signs of law violations are detected, they shall propose competent authorities to handle them in accordance with the law and supervise the implementation of such proposals;

b) Verify cases assigned by the Chairman of the Commune, Ward, Town People's Committee;

c) Participate in inspections and audits at commune, ward, town level upon request of authorized state agencies; provide information, documents, and send representatives when requested;

d) Propose the Chairman of the Commune, Ward, Town People's Committee to handle violations within their authority and rectify weaknesses and shortcomings discovered through supervision activities, ensuring citizens' rights and legitimate interests, as well as those of agencies and organizations;

đ) Propose the Chairman of the Commune, Ward, Town People's Committee and the Vietnam Fatherland Front Committee at the same level to adopt forms of encouragement, commendation, and rewards for collectives and individuals who detect errors and have outstanding achievements in their work;

e) Receive suggestions and reflections from agencies, organizations, units, and individuals related to the scope of supervision of the People's Inspection Board;

g) Perform other tasks and authorities prescribed by law.

2. Tasks and Authorities of the Head of the People's Inspection Board:

a) Convene and chair meetings and conferences; chair supervisory and verification activities within the authority of the People's Inspection Board;

b) Assign tasks to members of the People's Inspection Board;

c) Represent the People's Inspection Board in relations with the Standing Committee of the Vietnam Fatherland Front, the Chairman of the People's Committee, the Standing Committee of the People's Council at the same level, and relevant agencies and organizations;

d) Be invited to attend meetings of the People's Council, People's Committee at commune, ward, town level that relate to the supervision and verification tasks of the People's Inspection Board;

đ) Attend meetings of the Vietnam Fatherland Front Committee at commune, ward, town level that relate to the organization and operation of the People's Inspection Board.

Section 2

ACTIVITIES OF THE PEOPLE'S INSPECTION BOARD AT COMMUNE, WARD, TOWN LEVEL

Article 12. Building Programs and Plans for Activities of the People's Inspection Board

1. Annually, the People's Inspection Board bases on the Resolution of the Commune, Ward, Town People's Council, action programs, and guidance of the Vietnam Fatherland Front at the same level to build programs and plans for activities.

2. The programs and plans for activities of the People's Inspection Board must be reported to the Vietnam Fatherland Front Committee at commune, ward, town level.

Article 13. Scope of Supervision of the People's Inspection Board

1. Activities of the Commune, Ward, Town People's Committee.

2. Implementation of resolutions of the People's Council and decisions of the People's Committee at commune, ward, town level.

3. Activities of the Chairman, Deputy Chairmen of the People's Council, Chairman, Deputy Chairmen of the People's Committee, and members of the People's Committee working at commune, ward, town level, Village Chiefs, Deputy Village Chiefs, Group Leaders, Deputy Group Leaders, and persons holding equivalent positions.

4. Handling complaints, denunciations, suggestions, and reflections at commune, ward, town level:

a) Citizen reception work of the Chairman of the Commune, Ward, Town People's Committee;

b) Receiving and processing complaints, denunciations, suggestions, and reflections by the Chairman of the Commune, Ward, Town People's Committee;

c) Handling complaints, denunciations, suggestions, and reflections within the authority of the Chairman of the Commune, Ward, Town People's Committee;

d) Enforcement of decisions resolving complaints and decisions dealing with denunciations that have legal effect at commune, ward, town level.

5. Implementation of grassroots democratic regulations at commune, ward, town level.

6. Revenue and expenditure of the budget, settlement of accounts, and financial transparency at commune, ward, town level.

7. Implementation of investment projects and constructions funded by the people, the State, organizations, and individuals for commune, ward, town level.

8. Construction works implemented on the territory of commune, ward, town level directly affecting production, security, public order, culture-society, environmental sanitation, and people's life.

9. Management of construction order, management of collective residential areas, and residential areas, and land management and use at commune, ward, town level.

10. Collection and expenditure of various funds and fees as stipulated by the State, and contributions from the people at commune, ward, town level.

11. Implementation of conclusions and decisions on inspection and audit by authorized state agencies, handling corruption cases involving commune, ward, town level officials.

12. Implementation of preferential policies, care, and support for war invalids, martyrs' families, those and their families who have contributed to the country, social insurance, and social assistance policies in the commune, ward, town area.

13. Other matters as prescribed by law.

Article 14. Methods for Implementing the Supervisory Rights of the People's Inspection Board

1. Receiving opinions and reflections from the people, directly collecting information and documents to examine and monitor agencies, organizations, and individuals responsible at commune, ward, town level in performing matters within the scope of supervision by the People's Inspection Board.

2. Identifying acts violating the law by agencies, organizations, and individuals at commune, ward, town level.

3. Making direct recommendations or through the Standing Committee of the Vietnam Fatherland Front Committee at commune, ward, town level to recommend to the Chairman of the People's Council, the Chairman of the People's Committee at commune, ward, town level, or competent agencies, organizations, and individuals to consider and resolve issues related to the content of supervision by the People's Inspection Board and supervise the resolution of such recommendations.

Article 15. Activities of Supervision by the People's Inspection Board

1. At least five days before conducting a supervision activity, the People's Inspection Board must submit a plan to the Standing Committee of the Vietnam Fatherland Front Committee at commune, ward, town level and the Chairman of the People's Committee at commune, ward, town level. The plan must clearly state the content, time, location of supervision; personnel participating in the supervision; budget and conditions ensuring the supervision activity.

2. During the implementation of supervision activities, the People's Inspection Board has the right to request the Chairman of the People's Council, the Chairman of the People's Committee at commune, ward, town level to provide relevant information and documents concerning the content of supervision.

3. In cases where discovering agencies, organizations, and individuals responsible at commune, ward, town level infringing upon the people's ownership rights and showing signs of corruption, waste, misappropriation of state assets, state budget, and contributions from the people; implementing programs, projects, land management and usage contrary to legal provisions and other illegal acts within the scope of supervision by the People's Inspection Board, the People's Inspection Board shall recommend the Chairman of the People's Council or the Chairman of the People's Committee at commune, ward, town level, or other competent agencies, organizations, and individuals to consider and resolve, while reporting to the Vietnam Fatherland Front Committee at commune, ward, town level.

4. Within fifteen days from the date of receiving recommendations, responsible agencies, organizations, and individuals must consider and resolve and notify the results of resolution to the People's Inspection Board. If recommendations are not considered, resolved, or fully implemented, the People's Inspection Board has the right to recommend the Chairman of the People's Council or the Chairman of the People's Committee at district, urban district, town, provincial city level, or other competent agencies, organizations, and individuals to consider and resolve, handle responsibility.

Article 16. Verification Activities of the People's Inspection Board

1. When assigned by the Chairman of the People's Committee at commune, ward, town level to verify specific cases, the People's Inspection Board is responsible for implementing the assigned content, time, scope, and tasks.

2. During the verification process, the People's Inspection Board has the right to require organizations and individuals related to provide necessary information and documents for verification; examine to clarify the matter under verification; the verification is recorded in a protocol.

Upon completion of verification, the People's Inspection Board reports to the Chairman of the People's Committee at commune, ward, town level on the results of verification; simultaneously recommending measures for handling.

3. In cases where identifying acts violating the law causing damage to the interests of the state, legitimate rights and interests of organizations and citizens that need immediate handling, a protocol is established and recommendations made to the Chairman of the People's Council or the Chairman of the People's Committee at commune, ward, town level, or competent agencies, organizations, and individuals to resolve, while supervising the implementation of such recommendations.

4. Within fifteen days from the date of receiving recommendations, the head of the competent agency or organization must consider and resolve and notify the results to the People's Inspection Board. If the recommendation is not implemented or not fully implemented, the People's Inspection Board has the right to recommend the Chairman of the People's Council or the Chairman of the People's Committee at district, urban district, town, provincial city level to consider and resolve, handle responsibility.

Article 17. Working regime of the People's Inspectorate

The People's Inspectorate convenes regular meetings once every quarter to review its work in that quarter and to deploy tasks for the next quarter. In cases of necessity, it may convene extraordinary meetings.

The People's Inspectorate implements a quarterly reporting system before the Meeting of the Vietnam Fatherland Front Committee at the commune, ward, town level; conducts mid-year reviews every six months; and annually summarizes its activities and reports before the Meeting of the Vietnam Fatherland Front Committee at the commune, ward, town level.

Section 3

RESPONSIBILITIES OF THE VIETNAM FATHERLAND FRONT COMMITTEE, COMMUNE, WARD, TOWN PEOPLE'S COMMITTEE, AND COUNTY INSPECTORATE

Article 18. Responsibilities of the Vietnam Fatherland Front Committee at the commune, ward, town level

1. Implement the tasks as prescribed in Article 71 of the Inspection Law.

2. Examine, resolve, and urge prompt resolution of the recommendations of the People's Inspectorate.

3. Chair or coordinate with relevant agencies and organizations to provide vocational training for members of the People's Inspectorate. Chair the organization of coordination among member organizations of the Front to support the activities of the People's Inspectorate.

4. Invite representatives of the People's Inspectorate to attend meetings of the Vietnam Fatherland Front Committee at the commune, ward, town level where the agenda relates to the activities of the People's Inspectorate.

Article 19. Responsibilities of the Commune, Ward, Town People's Committee

1. Implement the tasks as prescribed in Article 70 of the Inspection Law.

2. Examine and promptly resolve the recommendations of the People's Inspectorate. Where the content of the recommendation exceeds their authority, report to the County, District, Town, City under Province People's Committee or competent state agency for examination, resolution, and handling, while informing the People's Inspectorate.

3. Handle according to their authority or propose competent agencies, organizations, individuals to handle persons who violate the law, obstruct the activities of the People's Inspectorate, threaten, retaliate against, or undermine members of the People's Inspectorate.

4. Invite representatives of the People's Inspectorate to attend meetings of the People's Committee where the agenda relates to the supervisory tasks of the People's Inspectorate.

5. Allocate funds for the People's Inspectorate according to the decision of the competent state agency and create favorable conditions for the People's Inspectorate to operate.

Article 20. Responsibilities of the County Inspectorate

The County Inspectorate has the responsibility to coordinate with the Vietnam Fatherland Front Committee at the same level to guide the work of the People's Inspectorates at the commune, ward, town levels.

Article 21. Budget and financial regime of the People's Inspectorate

1. The operating budget of the People's Inspectorate is provided by the Provincial People's Committee to the provincial People's Council for balancing and allocating to the commune budget for the commune People's Committee to allocate to the People's Inspectorate for operation.

2. The operating budget of the People's Inspectorate shall be used to cover costs for organizing supervision sessions; verification sessions, meetings; payment of remuneration for responsibilities to members and other activities of the People's Inspectorate as prescribed by law.

3. The Ministry of Finance is responsible for issuing Circulars guiding the operating budget of the People's Inspectorate at the commune, ward, town levels.

Chapter III

ORGANIZATION AND ACTIVITIES OF THE PEOPLE'S INSPECTORATE AT STATE AGENCIES, PUBLIC INSTITUTIONS, AND STATE ENTERPRISES

Section 1

ORGANIZATION, TASKS, LIMITATIONS OF THE PEOPLE'S INSPECTORATE AT STATE AGENCIES, PUBLIC INSTITUTIONS, AND STATE ENTERPRISES

Article 22. Establishment of People's Inspection Committees

1. The establishment of People's Inspection Committees at state agencies, public service units, and state-owned enterprises shall be carried out in accordance with the provisions of Article 72 of the Inspection Law.

2. A People's Inspection Committee consists of a Chairperson and members. A People's Inspection Committee with five or more members may elect one Deputy Chairperson.

The Chairperson is responsible for the overall activities of the People's Inspection Committee. The Deputy Chairperson assists the Chairperson in performing tasks. Other members of the People's Inspection Committee perform their duties as assigned by the Chairperson.

3. The term of office of the People's Inspection Committee at state agencies, public service units, and state-owned enterprises is two years.

4. The People's Inspection Committee at state agencies and public service units is elected by the Staff Congress or the Representative Staff Congress. The People's Inspection Committee at state-owned enterprises is elected by the Workers' Congress.

5. People's Inspection Committees shall be established at state agencies from central to commune level, public service units, and state-owned enterprises that have grassroots trade unions.

Article 23. Number of Members of the People's Inspection Committee

The People's Inspection Committee at state agencies, public service units, and state-owned enterprises has three, five, seven, or nine members. Based on the number of staff, civil servants, employees, and workers, the Grassroots Trade Union Executive Board proposes the number of members of the People's Inspection Committee, which is decided by the Staff Congress, the Representative Staff Congress, or the Workers' Congress.

In cases where state agencies, public service units, and state-owned enterprises have special characteristics or dispersed production and business operations, the Grassroots Trade Union Executive Board decides on the appropriate number of members of the People's Inspection Committee to ensure effective operation.

Article 24. Election of Members of the People's Inspection Committee

1. Based on the criteria and number of members of the People's Inspection Committee at state agencies, public service units, and state-owned enterprises, the Grassroots Trade Union Executive Board introduces a list of candidates and a list of nominees proposed by staff, workers, and employees to organize the election of the People's Inspection Committee.

2. The Staff Congress, the Representative Staff Congress, or the Workers' Congress must ensure the presence of more than 50% of the delegates called upon when electing members of the People's Inspection Committee. The election of members of the People's Inspection Committee is conducted by secret ballot. The person elected as a member of the People's Inspection Committee must receive more than 50% of the delegates' trust votes and be selected in descending order of the number of trust votes received.

Article 25. Recognition of the People's Inspection Committee

Within five days from the date of completing the election of members of the People's Inspection Committee, the Grassroots Trade Union Executive Board convenes a meeting with the members of the People's Inspection Committee to elect the Chairperson and Deputy Chairperson; issues a decision recognizing the People's Inspection Committee and informs all staff, civil servants, employees, and workers in state agencies, public service units, and state-owned enterprises.

Article 26. Dismissal, Removal, and Replacement of Members of the People's Inspection Board

1. During their term, if a member of the People's Inspection Board fails to fulfill their duties or loses trust, the grassroots trade union executive committee shall propose that the Staff and Civil Servants Conference or the Delegates' Conference of Staff and Civil Servants or the Workers' Assembly make a decision to dismiss that member and elect another person to replace them.

2. In cases where a member of the People's Inspection Board resigns due to health reasons, family circumstances, or other reasons, or is appointed to a management position as stipulated in Clause 2, Article 3 of this Decree, or transfers to another agency or unit, the grassroots trade union executive committee shall temporarily relieve them of their duties and report to the Staff and Civil Servants Conference or the Delegates' Conference of Staff and Civil Servants or the Workers' Assembly to make a decision to remove that member and elect another person to replace them.

3. If a member of the People's Inspection Board is dismissed or removed, and the board still has at least two-thirds of its members remaining, the board will continue to operate normally.

4. The grassroots trade union executive committee is responsible for nominating candidates to replace those who have been dismissed or removed for election at the Staff and Civil Servants Conference or the Delegates' Conference of Staff and Civil Servants or the Workers' Assembly. The election of replacement members of the People's Inspection Board shall be carried out in accordance with Article 24 of this Decree.

Article 27. Duties and Authorities of the People's Inspection Board and the Head of the People's Inspection Board

1. Tasks and Authorities of the People's Inspection Board:

a) Supervise state agencies, public service units, state-owned enterprises, and individuals responsible within state agencies, public service units, and state-owned enterprises as provided for in Article 29 of this Decree. When signs of violation of laws are discovered, they shall recommend that competent authorities handle the matter according to the law and monitor the implementation of such recommendations;

b) Verify cases assigned by the heads of state agencies, public service units, and state-owned enterprises;

c) Participate in inspections and audits at state agencies, public service units, and state-owned enterprises upon request from competent state authorities; provide information, documents, and personnel when requested;

d) Recommend to the heads of state agencies, public service units, and state-owned enterprises to address violations within their authority and rectify weaknesses and deficiencies identified through supervision activities, ensuring the rights and legitimate interests of civil servants, staff, employees, and workers;

đ) Recommend to the grassroots trade union executive committee and the heads of state agencies, public service units, and state-owned enterprises forms of encouragement, commendation, and rewards for civil servants, staff, employees, and workers who identify violations and achieve outstanding results in their work;

e) Receive complaints and reflections from civil servants, staff, employees, and related organizations and individuals within the scope of supervision of the People's Inspection Board;

g) Perform other tasks and authorities prescribed by law.

2. Tasks and Authorities of the Head of the People's Inspection Board:

a) Convene and chair meetings and conferences; chair supervisory and verification activities within the authority of the People's Inspection Board;

b) Assign tasks to members of the People's Inspection Board;

c) Represent the People's Inspection Board in relations with the grassroots trade union executive committee, the heads of state agencies, public service units, and state-owned enterprises, and relevant agencies and organizations;

d) Be invited to attend meetings of state agencies, public service units, and state-owned enterprises concerning matters related to the inspection board's supervisory and verification tasks;

đ) Attend meetings of the grassroots trade union executive committee concerning the organization and operation of the People's Inspection Board.

Section 2

ACTIVITIES OF THE PEOPLE'S INSPECTION BOARD AT STATE AGENCIES, PUBLIC SERVICE UNITS, AND STATE-OWNED ENTERPRISES

Article 28. Building the program and plan of activities of the People's Inspectorate

1. Annually, the People's Inspectorate shall base on the Resolution of the Staff and Civil Servants Conference or the Staff and Civil Servants Representative Conference in state agencies and public service units, the Workers' Meeting in state-owned enterprises, and the guidance of the Trade Union Committee to build the program, plan, and operating budget.

2. The program, plan, and operating budget of the People's Inspectorate shall be implemented after being approved by the Trade Union Committee.

Article 29. Scope of Supervision of the People's Inspectorate

1. The scope of supervision of the People's Inspectorate in state agencies and public service units:

a) Implementation of the Party's guidelines and policies, state laws, and annual tasks of the agency or unit;

b) Use of operating funds from the state budget, management of various funds, financial management systems, asset management, and internal financial audit work of the agency or unit;

c) Implementation of Resolutions of the Staff and Civil Servants Conference, Resolutions of the Staff and Civil Servants Representative Conference of the agency or unit; implementation of internal regulations and rules of the agency or unit;

d) Implementation of regulations and policies for cadres, civil servants, public officials, and workers as stipulated by law;

đ) Implementation of grassroots democracy regulations in the agency or unit;

e) Receiving and handling citizens' petitions, complaints, proposals, and reflections; handling complaints and appeals within the authority of the head of the state agency or public service unit; enforcement of decisions resolving complaints and appeals that have taken legal effect at the state agency or public service unit;

g) Implementation of conclusions and decisions on inspection and examination by competent state agencies; handling cases of corruption and waste in the agency or unit;

h) Other matters as prescribed by law.

2. The scope of supervision of the People's Inspectorate in state-owned enterprises:

a) Implementation of tasks and production and business targets set out in the enterprise's plans; implementation of labor policies and regulations as stipulated by law;

b) Implementation of grassroots democracy regulations at the workplace; Resolutions of the Workers' Meeting; results of regular dialogues and dialogues upon request recorded in dialogue minutes;

c) Implementation of internal regulations and rules of the enterprise;

d) Implementation of collective labor agreements;

đ) Implementation of labor contracts;

e) Implementation of state policies and obligations of the enterprise towards the state; use of various funds in the enterprise;

g) Handling labor disputes;

h) Receiving and handling citizens' petitions, complaints, proposals, and reflections; handling complaints and appeals within the authority of the head of the enterprise; enforcement of decisions resolving complaints and appeals that have taken legal effect in the enterprise;

i) Implementation of conclusions and decisions on inspection and examination by competent state agencies; handling cases of corruption and waste in the enterprise;

k) Other matters as prescribed by law.

Article 30. Methods for Implementing the Supervisory Rights of the People's Inspectorate Board

1. Receiving opinions and reflections from officials, civil servants, employees, and workers, collecting information and documents to review and monitor state agencies, organizations, and individuals at public service units and state-owned enterprises within the scope of supervision by the People's Inspectorate Board.

2. Identifying acts contrary to the law by state agencies, organizations, and individuals at public service units and state-owned enterprises.

3. Making direct recommendations or through the grassroots trade union executive board to recommend to the heads of state agencies, public service units, and state-owned enterprises regarding issues directly related to the content within the scope of supervision by the People's Inspectorate Board.

Article 31. Activities of Supervision by the People's Inspectorate Board

1. At least five days before conducting a supervision activity, the People's Inspectorate Board must send a plan to the grassroots trade union executive board and the head of the state agency, public service unit, or state-owned enterprise. The plan must clearly specify the content, time, location of the supervision; personnel participating in the supervision; budget and conditions ensuring the supervision.

2. During the implementation of supervision activities, the People's Inspectorate Board has the right to request the head of the state agency, public service unit, or state-owned enterprise to provide information and documents related to the supervision content.

3. In cases where violations infringing upon the rights and legitimate interests of officials, civil servants, employees, and workers, signs of corruption, waste, misuse of budget expenditures and contributions, welfare funds of officials, civil servants, employees, and other illegal acts within the scope of supervision by the People's Inspectorate Board are discovered, recommendations shall be made or through the grassroots trade union executive board to recommend to the head of the state agency, public service unit, or state-owned enterprise or competent authority to consider and resolve. If the recommendation is made directly to the head for consideration and resolution, the People's Inspectorate Board must report to the grassroots trade union executive board.

4. Within fifteen days from the date of receipt of the recommendation, the head of the state agency, public service unit, or state-owned enterprise or competent authority must consider and resolve and notify the result of the resolution to the People's Inspectorate Board. If the recommendation is not considered, resolved, or implemented fully, the People's Inspectorate Board has the right to recommend the head of the superior agency, organization, or unit of the state agency, public service unit, or state-owned enterprise to consider and resolve, handle responsibility. If the head of the superior agency, organization, or unit does not consider or resolve, the People's Inspectorate Board has the right to recommend another competent authority to consider and resolve, handle responsibility.

Article 32. Verification Activities of the People's Inspectorate Board

1. When assigned verification tasks by the head of the state agency, public service unit, or state-owned enterprise, the People's Inspectorate Board is responsible for implementing the content, time, and scope of the assigned task accurately.

2. During the verification process, the People's Inspectorate Board has the right to require organizations and individuals related to provide necessary information and documents to serve the examination and clarification of the verified matter.

Upon completion of the verification, the People's Inspectorate Board reports to the head of the state agency, public service unit, or state-owned enterprise on the results of the verification; simultaneously recommending measures for resolution.

3. During the verification process, if illegal acts causing damage to national interests, the rights, and legitimate interests of officials, civil servants, employees, and workers that need immediate handling are discovered, a record is made and recommendations are made to the head of the state agency, public service unit, or state-owned enterprise or competent authority to resolve, while supervising the implementation of these recommendations.

4. Within fifteen days from the date of receipt of the recommendation, the head of the state agency, public service unit, or state-owned enterprise or competent authority is responsible for considering and resolving and notifying the result of the resolution to the People's Inspectorate Board. If the recommendation is not implemented or implemented incompletely, the People's Inspectorate Board has the right to recommend the head of the superior agency, organization, or unit of the state agency, public service unit, or state-owned enterprise to consider and resolve, handle responsibility. If the head of the superior agency, organization, or unit does not consider or resolve, the People's Inspectorate Board has the right to recommend another competent authority to consider and resolve, handle responsibility.

Article 33. Working Regime of the People's Inspectorate Board

The People's Inspectorate convenes regular meetings once every quarter to review its work in that quarter and to deploy tasks for the next quarter. In cases of necessity, it may convene extraordinary meetings.

The People's Inspectorate Board shall implement a quarterly and semi-annual reporting system to the Trade Union Committee of the grassroots level; annually, it shall summarize its activities and report before the Staff and Civil Servants Conference, or the Staff and Civil Servants Representatives Conference, or the Workers' Meeting.

Section 3

RESPONSIBILITIES OF THE TRADE UNION COMMITTEE, STATE AGENCIES, PUBLIC SERVICE UNITS, STATE ENTERPRISES, AND THE STATE INSPECTION AGENCY

Article 34. Responsibilities of the Trade Union Committee

1. The Trade Union Committee at the grassroots level shall have the responsibility to:

a) Implement tasks as prescribed in Article 75 of the Inspection Law;

b) Lead or coordinate with relevant agencies and organizations to train and enhance the professional skills of the members of the People's Inspectorate Board. Lead and coordinate with other organizations within the agency or unit in supporting the activities of the People's Inspectorate Board;

c) Guide the People's Inspectorate Board in developing the annual work program;

d) Timely consider and resolve any recommendations made by the People's Inspectorate Board;

đ) Invite representatives of the People's Inspectorate Board to attend meetings of the Trade Union Committee at the grassroots level that relate to the organization and activities of the People's Inspectorate Board;

2. The Trade Union Committee at the immediate higher level shall have the responsibility to direct the Trade Union Committee at the grassroots level in guiding and directing the organization and activities of the People's Inspectorate Board.

Article 35. Responsibilities of the Heads of State Agencies, Public Service Units, and State Enterprises

1. Implement tasks as stipulated in Article 74 of the Inspection Law.

2. Timely resolve any recommendations made by the People's Inspectorate Board. In cases where the content of the recommendation exceeds their authority, they shall report to the competent agency, organization, or individual for consideration and resolution, and inform the People's Inspectorate Board.

3. Handle according to their authority or propose to the competent agency, organization, or individual to handle persons who violate the law, obstruct the activities of the People's Inspectorate Board, threaten, retaliate against, or undermine members of the People's Inspectorate Board.

4. Invite representatives of the People's Inspectorate Board to attend meetings of state agencies, public service units, and state enterprises that relate to the supervisory duties of the People's Inspectorate Board.

5. Provide annual operating funds for the People's Inspectorate Board; ensure necessary conditions for the People's Inspectorate Board to operate.

Article 36. Responsibilities of State Inspection Agencies

1. The Government Inspectorate, within its functions, tasks, and powers, shall be responsible for coordinating with the Central Steering Committee of the Vietnam Fatherland Front and the Executive Board of the Vietnam General Confederation of Labor to guide the professional work of the People's Inspectorate Board.

2. The Inspectorate of ministries and agencies equivalent to ministries shall be responsible for coordinating with the Trade Union Committee at the same level to guide the professional work of the People's Inspectorate Board in state agencies, public service units, and state enterprises under the management of the ministry or sector.

3. The Inspectorate of provinces shall be responsible for coordinating with the Trade Union at the same level to guide the professional work of the People's Inspectorate Board in state agencies, public service units, and state enterprises managed by the provincial People's Council.

4. The Inspectorate of districts shall be responsible for coordinating with the Trade Union at the same level to guide the professional work of the People's Inspectorate Board in state agencies, public service units, and state enterprises managed by the district People's Council.

Article 37. Budget and Financial System of the People's Inspection Board

1. The operating budget of the People's Inspection Board at state agencies, public service units, and state-owned enterprises shall be balanced from the operating budget of those state agencies, public service units, and state-owned enterprises.

2. The operating budget of the People's Inspectorate shall be used to cover costs for organizing supervision sessions; verification sessions, meetings; payment of remuneration for responsibilities to members and other activities of the People's Inspectorate as prescribed by law.

3. The Ministry of Finance shall be responsible for issuing Circulars guiding the operating budget of the People's Inspection Board at state agencies, public service units, and state-owned enterprises.

Chapter IV

IMPLEMENTING PROVISIONS

Article 38. Effective Date

1. This Decree takes effect from February 1, 2017, and replaces Decree No. 99/2005/NĐ-CP dated July 28, 2005, of the Government detailing certain provisions of the Inspection Law regarding the organization and operation of the People's Inspection Board.

2. The People's Inspection Boards established before this Decree takes effect shall continue to operate until the end of their term and perform tasks and powers as prescribed in this Decree.

Article 39. Responsibility for Implementation

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

2. It is requested that the Standing Committee of the Vietnam Fatherland Front Central Committee and the Chairman of the Vietnam General Confederation of Labor within the scope of their functions, duties, and powers guide the implementation of issues related to directing the organization and operation of the People's Inspection Board; coordinate with relevant state agencies to guide the implementation of this Decree./.