Decree No. 164/2024/ND-CP on the organization and operation of inspection activities of the People's Public Security

Decree No. 164/2024/ND-CP stipulates the organization and operation of inspection activities of the People's Public Security, applicable to state management agencies, heads of state management agencies, units under the Ministry of Public Security, and agencies performing inspection functions. This decree focuses on building inspection plans, inspection procedures, responsibilities of inspectors and inspected entities, as well as measures for handling violations in inspection activities.

Document No.164/2024/NĐ-CP
Document typeDecree
Issuing authorityMinistry of Public Security
Signed byPhạm Minh Chính — Thủ tướng Chính phủ
Updated23/06/2026
FieldUncategorized
Issued date25/12/2024
Effective date10/02/2025
Expiry date
StatusIn effect
✦ Smart summary

Decree No. 164/2024/ND-CP stipulates the organization and operation of inspection activities of the People's Public Security, applicable to state management agencies, heads of state management agencies, units under the Ministry of Public Security, and agencies performing inspection functions. This decree focuses on building inspection plans, inspection procedures, responsibilities of inspectors and inspected entities, as well as measures for handling violations in inspection activities.

Scope of application

State management agencies, heads of state management agencies; units under the Ministry of Public Security and provincial-level public security organs; agencies performing inspection functions and heads of agencies performing inspection functions of the People's Public Security; inspectors, dedicated inspection officers, concurrently assigned inspection officers; heads of inspection teams, members of inspection teams of the People's Public Security.

Key points

  • The People's Public Security inspection agency includes the Inspectorate of the Ministry, the Inspectorate of Provincial Public Security Organs, and the Bureau of Prison Management, Compulsory Education Facilities, and Rehabilitation Schools; the Inspectorate of the Fire Prevention, Firefighting, and Rescue Bureau.
  • People's Public Security inspectors are appointed to the inspector, senior inspector, and chief inspector ranks according to specific criteria.
  • The decision to inspect must be announced within fifteen days from the date of signature for planned inspections and thirty days for surprise inspections.
  • The inspection conclusion must be issued within thirty days from the receipt of the inspection result report and then made public in accordance with regulations.
  • Responsibilities of heads of state agencies at all levels, sectors, and the Minister of Public Security in implementing inspection conclusions.

🌐 Social impact of this document

  • Positive impact: Strengthening the effectiveness of state management in inspection work, contributing to improving the quality of operations of the People's Public Security force.
  • Negative impact: May impose a burden on time and resources for units in implementing inspection plans.

❓ Frequently asked questions

How are People's Public Security inspectors appointed?

People's Public Security inspectors are appointed to the inspector, senior inspector, and chief inspector ranks according to specific criteria set out in Articles 15 to 17 of this Decree.

What is the duration of an inspection?

An inspection conducted by the Inspectorate of the Ministry or Inspectorate of Bureaus shall not exceed forty-five days; an inspection conducted by the Inspectorate of Provincial Public Security Organs shall not exceed thirty days. Extensions may be granted once, not exceeding thirty days for the Inspectorate of the Ministry and fifteen days for the Inspectorate of Provincial Public Security Organs.

When is the inspection decision published?

For planned inspections, the inspection decision must be published no later than fifteen days from the date of signature; for surprise inspections, it is implemented according to the provisions of Clause 4, Article 59 of the Inspection Law.

What are the responsibilities of heads of state agencies at all levels in the People's Public Security inspection activities?

Heads of state management agencies at all levels and sectors are responsible for organizing the implementation of recommendations, inspection conclusions, and decisions on handling violations of the Ministry of Public Security as prescribed.

How are violations handled during inspection activities?

During the conduct of inspections, if violations by the inspected entity and related organizations, institutions, or individuals are discovered, the inspector must apply or propose competent authorities to apply measures for handling violations as provided for in Article 68 of the Inspection Law. If the inspector commits a violation, they will also be subject to handling according to regulations.

Full text

THE GOVERNMENT

SOCIALIST REPUBLIC OF VIET NAM
Independence – Freedom – Happiness

Number: 164/2024/NĐ-CP
Hanoi, December 25, 2024

DECREE

Regulations on the organization and operation of inspection activities of the People's Public Security

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Inspection Law on November 14, 2022;

Pursuant to the Law on the Public Security Organs dated November 20, 2018; the Law Amending and Supplementing Certain Articles of the Law on the Public Security Organs dated June 22, 2023;

The Government promulgates this Decree on regulations regarding entry, exit, and residence policies for foreigners at the International Financial Center in Vietnam.

The Government issues this Decree to regulate the organization and operation of inspection activities of the People's Public Security.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree regulates the organization and operation of inspection activities of the People's Public Security.

Article 2. Applicability

1. State administrative agencies, Heads of state administrative agencies; units under the Ministry of Public Security and provincial-level public security organs; inspection function agencies and Heads of inspection function agencies of the People's Public Security; Inspectors, full-time inspection officers, part-time inspection officers; Heads of inspection teams, members of inspection teams of the People's Public Security.

2. Inspection objects as stipulated in Article 4 of this Decree and related agencies, organizations, and individuals involved in the inspection activities of the People's Public Security.

Article 3. Functions of the inspection agency of the People's Public Security

Within their tasks and powers, the inspection agency of the People's Public Security assists the Head of the Public Security at the same level in managing state administration regarding inspection work, receiving citizens, handling complaints and denunciations, and preventing and combating corruption and negative practices; conducts inspections, receives citizens, handles complaints and denunciations, and prevents and combats corruption and negative practices in accordance with the provisions of the law.

Article 4. Inspection Objects

1. Agencies, organizations, and individuals under the management of the Ministry of Public Security.

2. Vietnamese agencies, organizations, and individuals have the obligation to comply with laws on national security protection and social order and safety management within the scope of state administration of the Ministry of Public Security.

3. Foreign agencies, organizations, and individuals operating on the territory of the Socialist Republic of Vietnam related to laws on national security protection and social order and safety management within the scope of state administration of the Ministry of Public Security.

Article 5. Principles of inspection activities of the People's Public Security

1. Inspection activities of the People's Public Security must comply with principles as prescribed by the Inspection Law.

2. Inspection activities of the People's Public Security are conducted through inspection teams; the team leader and team members strictly follow the regulations of the People's Public Security and other provisions of the Ministry of Public Security.

Article 6. Work relationship of the inspection agency of the People's Public Security

1. The Ministry of Public Security's inspection agency is directly managed and commanded by the Minister of Public Security and guided in work and instructed in inspection business by the Government Inspectorate.

2. Inspection function agencies of the People's Public Security, full-time inspection officers, and part-time inspection officers stationed where there is no inspection organization operate under the direct management and guidance of the Head of Public Security at the same level and are supervised and checked in inspection business by the superior inspection agency of the People's Public Security.

3. The relationship between the inspection agency of the People's Public Security and functional agencies and units under the Ministry of Public Security is a cooperative relationship to fulfill assigned tasks in accordance with the law.

4. The relationship between the inspection agency of the People's Public Security and inspection agencies of ministries, sectors, and other relevant agencies at central and local levels is a cooperative relationship to fulfill tasks in accordance with the law.

Chapter II

ORGANIZATION OF INSPECTION OF THE PEOPLE'S PUBLIC SECURITY

Article 7. Agencies performing inspection functions of the People's Public Security

1. Inspection agencies of the People's Public Security include:

a) Inspectorate of the Ministry of Public Security (hereinafter referred to as the Inspectorate of the Ministry);

b) Inspectorate of Provincial-level City Public Security Organs (hereinafter referred to as the Inspectorate of Provincial-level City Public Security);

c) Inspectorate of the Police Force for Prison Management, Compulsory Education Facilities, and Juvenile Rehabilitation Centers; Inspectorate of the Fire Prevention, Firefighting, and Rescue Police Force (hereinafter referred to as the Inspectorate of the Police Force).

2. Public Security bureaus of districts, towns, cities, and units with a strength of 200 officers and soldiers or more shall be equipped with full-time inspection officers; Public Security units with less than 200 officers and soldiers shall be equipped with part-time inspection officers.

The number of full-time inspection officers and part-time inspection officers in units is decided by the unit's Head.

Article 8. Ministry Inspectorate

1. The Ministry Inspectorate is an agency under the Ministry of Public Security, responsible for assisting the Minister of Public Security in state management of inspection work, receiving citizens, handling complaints and grievances, and preventing corruption and negative practices within the People's Public Security; conducting administrative inspections on agencies, organizations, and individuals under the management authority of the Ministry of Public Security; conducting specialized inspections on agencies, organizations, and individuals within the scope of state management over national security protection and social order and safety by the Ministry of Public Security; performing tasks of receiving citizens, handling complaints and grievances, and preventing corruption and negative practices in accordance with the provisions of the law.

2. The Ministry Inspectorate has an Inspector General, Deputy Inspector General, Inspectors, and professional and technical officers.

The appointment, dismissal, removal from office, transfer, rotation, and assignment of the Inspector General of the Ministry shall be consulted with the Inspector General of the Government before making a decision.

Article 9. Provincial Police Inspectorate

1. The Provincial Police Inspectorate is a department-level unit under the provincial police force, responsible for assisting the Director of the provincial police force in managing inspection work, receiving citizens, handling complaints and grievances, and preventing corruption and negative practices; performing tasks of administrative inspection and specialized inspection within the scope of state management over national security protection and social order and safety as assigned; performing tasks of receiving citizens, handling complaints and grievances, and preventing corruption and negative practices in accordance with the provisions of the law.

2. The Provincial Police Inspection shall have an Inspector General, Deputy Inspector General, Inspectors, and professional officers and non-commissioned officers with technical expertise.

The appointment, dismissal, removal from office, transfer, rotation, and assignment of the Inspector General of the Provincial Police Inspectorate shall be consulted with the Inspector General of the Ministry before making a decision.

Article 10. Inspectorate of the Prison Management Police Corps, Compulsory Education Facilities, and Juvenile Rehabilitation Centers

1. The Inspectorate of the Prison Management Police Corps, Compulsory Education Facilities, and Juvenile Rehabilitation Centers performs the function of implementing inspection work, receiving citizens, handling complaints and grievances, and preventing corruption and negative practices within the corps in accordance with the provisions of the law.

2. The Bureau Inspection shall have an Inspector General, Deputy Inspector General, Inspectors, and professional officers and non-commissioned officers with technical expertise.

The appointment, dismissal, removal from office, transfer, rotation, and assignment of the Inspector General of the Corps shall be consulted with the Inspector General of the Ministry before making a decision.

Article 11. Inspectorate of the Fire Prevention, Firefighting, and Rescue Police Corps

1. The Inspectorate of the Fire Prevention, Firefighting, and Rescue Police Corps performs the function of carrying out specialized inspection tasks regarding fire prevention, firefighting, and rescue operations for agencies, organizations, and individuals within the scope of state management over fire prevention, firefighting, and rescue operations by the Ministry of Public Security; performing tasks of receiving citizens, handling complaints and grievances, and preventing corruption and negative practices within the corps in accordance with the provisions of the law.

2. The Fire Prevention, Firefighting, and Rescue Police Inspection shall have an Inspector General, Deputy Inspector General, Inspectors, and professional officers and non-commissioned officers with technical expertise.

The appointment, dismissal, removal from office, transfer, rotation, and assignment of the Inspector General of the Corps shall be consulted with the Inspector General of the Ministry before making a decision.

Article 12. Tasks of dedicated inspectors and concurrently serving inspectors

Dedicated inspectors and concurrently serving inspectors at agencies and units without an inspection organization are responsible for advising the head of the unit to implement citizen reception work; handle complaints and grievances; prevent corruption and negative practices; and perform other inspection tasks within the unit in accordance with the provisions of the law.

Article 13. Seals and accounts of the People's Public Security Inspection Agency

1. The Ministry Inspection, the Provincial Public Security Inspection, and the Inspection of the Fire Prevention, Firefighting, and Rescue Management Bureau shall have their own seals and be allowed to open temporary holding accounts at the State Treasury.

2. The Inspection of the Detention Facility Management and Compulsory Education Institution Bureau shall have its own seal.

Chapter III

 PEOPLE'S PUBLIC SECURITY INSPECTOR

Article 14. Inspectors and Inspector Ranks of the People's Public Security

1. A People's Public Security Inspector is a specialist officer engaged in dedicated inspection work, appointed to the Inspector rank to perform duties and powers in accordance with the provisions of the law.

2. The Inspector ranks of the People's Public Security include Inspector, Senior Inspector, and Senior Inspector (High Rank).

3. The examination and appointment of Inspector ranks of the People's Public Security must ensure conditions, standards, and job position requirements. The authority, procedures, and file formalities for appointing Inspector ranks of the People's Public Security shall be implemented in accordance with Article 11 of Decree No. 43/2023/NĐ-CP dated June 30, 2023, of the Government detailing certain provisions and measures to implement the Inspection Law.

Article 15. Standards for Appointment to the Inspector Rank

1. General Standards

Meeting the standards prescribed in Article 39 of the Inspection Law, specifically as follows:

a) Classified as an officer performing satisfactorily or better in the year immediately preceding the year of appointment; not within the period of disciplinary action or under consideration for disciplinary action;

b) Familiar with laws and professional work of the Public Security sector; possessing administrative management knowledge; able to use information technology and foreign languages suitable for work requirements or know the language of ethnic minorities in areas with many ethnic minority residents;

c) Holding a bachelor's degree in Public Security or another field with Public Security training.

2. Specific Standards

a) Holding a certificate of completion of basic political theory or political-administrative studies or above, or having a certificate of basic political theory level or above from the competent authority as prescribed;

b) Holding a certificate of Inspector training.

Article 16. Standards for Appointment to the Senior Inspector Rank

1. Meeting the standards prescribed in Clause 1 of Article 15 of this Decree.

2. Holding a certificate of completion of intermediate political theory or political-administrative studies or above, or having a certificate of intermediate political theory level or above from the competent authority as prescribed.

3. Holding a certificate in senior inspector training.

4. During the time holding the Inspector rank or equivalent, directly advised on and achieved results in one of the following tasks: mid-term or final review of specialized topics; leading or participating in drafting at least one legal document or research topic, project, program at the grassroots level or higher concerning public security work or inspection work; leading or participating in compiling, reviewing training materials for public security or inspection work.

5. Having held the Inspector rank or equivalent for a minimum of nine years or having held the intermediate-level position or equivalent. For officers with the rank of Major or higher, they must have held the Inspector rank for a minimum of one year.

Article 17. Criteria for appointment to the Senior Inspector rank

1. Meeting the standards prescribed in Clause 1 of Article 15 of this Decree.

2. Hold a graduation certificate in Advanced Political Theory, Political-Administrative or have a certificate confirming Advanced Political Theory level issued by the competent authority as prescribed.

3. Holding a certificate in high-rank inspector training.

4. During the time holding the Inspector rank or equivalent, directly advised on and achieved results in at least one of the following tasks: participating in drafting at least two regulatory legal documents; serving as head or participating in researching topics, projects, programs of scientific research at the ministry, sector or provincial level or higher concerning police work or inspection work; serving as chief editor or participating in compiling, reviewing training materials for police business or inspection business.

5. Have held the Inspector rank or equivalent for a minimum of six years or have held the senior-level position for a certain period. For officers with the rank of Major or higher, they must have held the Inspector rank for at least one year.

Article 18. Removal of Inspectors

1. Inspectors shall be automatically dismissed from their positions in the following cases:

a) Retirement, discharge from military service, transfer to another profession, or change of job position or work;

b) Being disciplined with the revocation of the title of People's Public Security Officer;

c) Being sentenced by a court and the judgment or decision has become legally effective;

2. The Minister of Public Security shall issue a decision to dismiss Inspectors in the following cases:

a) Due to health reasons, family circumstances, or other reasons that prevent them from fulfilling assigned tasks;

b) Committing acts prohibited under Article 8 of the Inspection Law;

c) Engaging in fraudulent behavior or making false declarations in the appointment dossier for Inspector positions;

d) Other cases as prescribed by law.

3. Procedures and formalities for removing the Inspector rank

a) The automatic removal of the Inspector rank takes effect from the date the decisions or judgments become legally enforceable;

b) The head of the police unit or locality directly managing the inspector shall be responsible for completing the file and submitting a written proposal for the removal of the Inspector to the Ministry of Public Security's Inspectorate based on Clause 2 of this Article;

c) Based on the proposal of the police unit or locality, the Ministry of Public Security's Inspectorate will review the files and draft the decision on removal, send the file to the Personnel Organization Department for comments before submitting it to the Minister of Public Security for approval;

d) The head of the police unit or locality directly managing the Inspector shall be responsible for announcing the removal decision; collecting the Inspector card from the officer being removed and sending it back to the Ministry of Public Security's Inspectorate.

Article 19. Policies and benefits for National Police Inspectors

National Police Inspectors enjoy benefits as prescribed for armed forces and additional allowances according to their profession as stipulated by law.

Chapter IV

PUBLIC SECURITY INSPECTION ACTIVITIES

Article 20. Drafting and Issuing Inspection Plans

1. By no later than November 10 each year, local public security agencies shall submit draft inspection plans for their units to be compiled into the next year's inspection plan of the Ministry.

2. Based on the direction of the inspection program, guidelines of the Government Inspectorate, and management requirements of the Ministry of Public Security, the Ministry Inspectorate drafts the annual inspection plan of the Ministry of Public Security, submitting it to the Minister no later than November 30. The Minister of Public Security issues the Ministry’s inspection plan no later than December 10 each year. The inspection plan is immediately sent to the inspected entities, state audit agencies, and related organizations.

3. Based on the Ministry of Public Security's inspection plan, the Inspectorate of the police unit or locality advises on drafting the inspection plan of their own unit, submitting it to the unit head for issuance no later than December 15 each year for implementation.

Article 21. Forms of Inspection and Basis for Issuing Inspection Decisions

1. National Police inspection activities are carried out according to plans or on an ad hoc basis.

2. Issuing an inspection decision must be based on one of the following grounds:

a) The annual inspection plan of the Ministry of Public Security and local public security agencies;

b) Requests of the authorized police head;

c) When signs of violation of laws are discovered in the activities of agencies, organizations, and individuals under the jurisdiction and management scope of the Ministry of Public Security;

d) Requirements for handling complaints, accusations, preventing and combating corruption and malpractice within the National Police force;

đ) Other grounds as provided by law.

Article 22. Duration of Inspection and Extension of Inspection Duration

Clause 1. An inspection conducted by the Ministry Inspectorate or the Inspectorate of the Department shall not exceed 45 days; in complex cases or in mountainous areas, border regions, islands, remote or difficult-to-reach areas, it may be extended once for no more than 30 days.

An inspection conducted by the Provincial Public Security Inspectorate shall not exceed 30 days; in complex cases or in mountainous areas, border regions, islands, remote or difficult-to-reach areas, it may be extended once for no more than 15 days.

The time during which an inspection is temporarily suspended as provided for in Article 30 of this Decree shall not be counted within the inspection duration.

Clause 2. The extension of the inspection duration shall be carried out in accordance with the provisions of Article 48 of the Inspection Law.

Article 23. Issuing Inspection Decision, Developing Inspection Plan and Drafting Outline for Reporting Requirements of the Inspected Entity

Clause 1. Based on Clause 2 of Article 21 of this Decree, the Chief Inspector of the Public Security at all levels issues the inspection decision and establishes the inspection team to carry out the inspection tasks within their authority. The inspection decision includes contents as prescribed in Clause 2 of Article 59 of the Inspection Law.

Clause 2. The Head of the inspection team leads the development of the plan to conduct the inspection, including contents as prescribed in Clause 2 of Article 61 of the Inspection Law. After submitting the plan for approval by the person issuing the inspection decision, the Head of the inspection team organizes a meeting of the inspection team to disseminate the plan to conduct the inspection and assign tasks to the members of the inspection team.

Clause 3. Based on the inspection content and the plan to conduct the inspection, the Head of the inspection team develops the outline for reporting requirements of the inspected entity.

Clause 4. The inspection decision must be sent to the Ministry Inspectorate, the head of the Public Security at the same level, and attached with the outline for reporting requirements to the inspected entity at least five working days before announcing the inspection decision.

Clause 5. At the latest ten days from the date of signing the inspection decision, the Head of the inspection team or the person issuing the inspection decision shall notify in writing the inspected entity about the announcement of the inspection decision in accordance with Article 63 of the Inspection Law.

Article 24. Announcing the Inspection Decision

Clause 1. For planned inspections, the inspection decision must be announced no later than fifteen days from the date of signature; for surprise inspections, it shall be implemented in accordance with Clause 4 of Article 59 of the Inspection Law.

Clause 2. The Head of the inspection team or the person issuing the inspection decision shall lead the announcement of the inspection decision. Participants include: the inspection team; representatives of the agency, organization, or individual being inspected. If necessary, the Head of the inspection team may invite representatives of the agency leading the inspection, representatives of agencies, organizations, or individuals related to attend the announcement of the inspection decision. The announcement of the inspection decision must be recorded in a minutes.

Clause 3. Content of the announcement session: The Head of the inspection team announces the inspection decision; the person implementing supervision announces the supervision decision (if applicable); the head of the agency, organization, unit, or individual being inspected reports on the contents according to the outline for reporting requirements of the inspection team; other participants attending the announcement session may express opinions related to the inspection content.

Article 25. Contents of Inspection

1. Contents of administrative inspection: Inspect the implementation of policies, laws, tasks, and authorities assigned to the objects specified in Clause 1, Article 4 of this Decree.

2. Contents of specialized inspection: Inspect the compliance with laws by agencies, organizations, and individuals under the scope of state management for national security protection and social order and safety protection as stipulated by law, according to the regulations of the Ministry of Public Security.

Article 26. Procedure and Formalities for Conducting an Inspection

The procedure and formalities for conducting an administrative inspection and specialized inspection shall be carried out in accordance with the provisions of Articles 49 and 50 of the Inspection Law.

Article 27. Inspection Team, Inspection Team Logbook

1. The inspection team shall be established by the Director of the Inspection Department of the Ministry, the Director of the Inspection Department of the local public security agency to perform the inspection task. The composition, standards of the inspection team, and the recruitment of officers to join the inspection team shall be implemented in accordance with the provisions from Article 25 to Article 31 and Article 33 of Decree No. 43/2023/NĐ-CP.

2. The location and time of work of the inspection team shall be implemented in accordance with the provisions of Article 65 of the Inspection Law.

3. The inspection team logbook shall be managed and recorded by the head of the inspection team, documenting contents related to the activities of the inspection team from the date of announcing the inspection decision to the date of issuing the inspection conclusion. The inspection agency has the responsibility to advise and propose the head of the same-level public security agency to implement printing and distributing the inspection team logbook according to a unified model of the Government Inspectorate.

Article 28. Tasks and Authorities of the Inspection Officer; Authorities and Obligations of the Inspected Object

1. During the process of conducting inspections, the person issuing the inspection decision, the head of the inspection team, and other members of the inspection team shall perform their tasks and authorities in accordance with the provisions from Article 80 to Article 91 of the Inspection Law.

The head of the inspection team may use the seal of the inspection agency during the performance of inspection tasks.

2. The inspected object shall perform the rights and obligations prescribed in Articles 92 and 93 of the Inspection Law.

Article 29. Supervision of the Activities of the Inspection Team

1. The person issuing the inspection decision shall be responsible for self-supervision, assigning an officer to supervise or establishing a Supervision Group (hereinafter referred to collectively as the supervisor) to carry out supervision of the activities of the inspection team.

In cases of self-supervision, it must be clearly recorded in the inspection decision regarding self-supervision; in cases of assigning supervisors, a supervision decision must be issued.

2. The content of supervision; tasks and authorities of the supervisor; organization of supervision; reporting on the results of supervision, shall be implemented in accordance with the provisions from Article 98 to Article 101 of the Inspection Law.

Article 30. Amendment and Supplement to the Plan for Conducting Inspections; Suspension of the Inspection, Termination of the Inspection

1. During the inspection process, upon the proposal of the head of the inspection team or the request of the head of the same-level public security agency, the person issuing the inspection decision shall instruct the head of the inspection team to develop and submit for approval by the person issuing the inspection decision a plan for amending and supplementing the plan for conducting inspections.

2. The suspension of the inspection and termination of the inspection shall be carried out in accordance with the provisions of Articles 70 and 71 of the Inspection Law.

Article 31. Completion of Direct Inspection

Upon completion of direct inspection, the Head of the inspection team shall report to the person issuing the inspection decision and notify in writing the inspected entity.

The notification of the completion of direct inspection shall be conducted once immediately after the completion of direct inspection for the last inspected entity.

Article 32. Reporting on the Results of Inspection

1. The head of the inspection team shall prepare a report on the results of the inspection to be submitted to the person issuing the inspection decision. The report on the results of the inspection must ensure the contents as prescribed in Article 73 of the Inspection Law.

2. The time for preparing the report on the results of the inspection by the Ministry's Inspection Department, the Bureau's Inspection Department shall not exceed 30 days, and by the Provincial Public Security Inspection Department shall not exceed 20 days, counted from the date of completion of direct inspection activities.

3. The person issuing the inspection decision shall review the report on inspection results, request the Head of the inspection team to clarify or supplement the content of the report on inspection results if necessary.

Article 33. Drafting the Inspection Conclusion

1. Within five working days from the date of receiving the report on the inspection results, the person issuing the inspection decision shall instruct the Head of the Inspection Team to draft the inspection conclusion. The draft inspection conclusion shall include the contents prescribed in Clause 2 of Article 78 of the Inspection Law.

2. The draft inspection conclusion shall be sent to members of the inspection team for their comments. The person issuing the inspection decision has the right to request the Head of the inspection team and its members to report, send a written request to the inspected entity to provide explanations or seek opinions from relevant agencies, organizations, or individuals regarding one or more contents of the draft inspection conclusion.

The explanations provided by the inspected entity and the contents of the responses from relevant agencies, organizations, or individuals must be made in writing, accompanied by information, documents, and evidence to prove.

3. The time limit for drafting the draft inspection conclusion by the Ministry Inspectorate and the Inspectorate of the Department shall not exceed thirty days, by the Provincial Public Security Inspectorate shall not exceed twenty days, starting from the date the person issuing the inspection decision assigns the drafting of the draft inspection conclusion.

4. The draft administrative inspection conclusion of the Ministry Inspectorate must be reviewed before issuance; the draft specialized inspection conclusion of the Ministry Inspectorate, the draft inspection conclusion of the Provincial Public Security Inspectorate, and the Inspectorate of the Department shall be subject to review at the discretion of the person issuing the inspection decision when deemed necessary.

Article 34. Issuing the Inspection Conclusion

1. Based on the report on the inspection results, the report on the review results, and any explanatory documents and comments (if any), the person issuing the inspection decision shall direct the completion of the draft inspection conclusion, report, and seek the opinion of the head of the same-level public security agency on the draft inspection conclusion.

 No later than thirty days from the date of receipt of the directive from the head of the same-level public security agency, the person issuing the inspection decision must complete and issue the inspection conclusion.

2. In cases where multiple inspection conclusions need to be issued to promptly meet management requirements, the Head of the Inspection Team shall draft a report on the inspection results concerning the contents that have been checked and verified, sufficient to conclude; draft the inspection conclusion, submit it to the person issuing the inspection decision for examination and issuance.

3. Prior to making the inspection conclusion public, the person issuing the inspection decision may issue a revised, supplemented, or substituted inspection conclusion partially or entirely if there is evidence indicating that the inspection conclusion does not ensure completeness, accuracy, objectivity, affecting the interests of the State, the rights, and legitimate interests of agencies, organizations, or individuals.

Article 35. Making the Inspection Conclusion Public

1. The procedure for making the inspection conclusion public shall be carried out in accordance with Article 79 of the Inspection Law.

2. For inspection conclusions containing state secrets, the person issuing the inspection decision shall excerpt and implement the public disclosure of contents that do not contain state secrets according to regulations.

Article 36. Re-inspection and Handling Overlapping and Duplicate Activities in Public Security Inspections

1. When there is a basis as stipulated in Article 19 of Decree No. 43/2023/NĐ-CP, the General Inspector of the Government decides to re-inspect matters already concluded by the Ministry Inspectorate; the Chief Inspector of the Ministry decides to re-inspect matters already concluded by the Provincial Public Security Inspectorate and the Inspectorate of the Department. The procedures and formalities for re-inspection shall be implemented in accordance with Articles 20 to 24 of Decree No. 43/2023/NĐ-CP.

2. The handling of overlapping and duplicate activities in the Public Security force's inspections shall be carried out in accordance with Article 55 of the Inspection Law.

Article 37. Inspection Files

The inspection dossier of the Public Security force shall be implemented in accordance with Article 57 of the Inspection Law.

Chapter V

IMPLEMENTING THE INSPECTION CONCLUSION

Article 38. Responsibilities of the Inspector General and Heads of Public Security Organs

1. The Inspector General at all levels of public security organs must send inspection conclusions and issue recommendation and proposal documents to the heads of public security organs at the same level for directing the implementation of the contents of the inspection conclusions.

2. Within fifteen days from the date of receipt of the inspection conclusion and recommendation and proposal documents from the Inspector General, the head of the public security organ at the same level must issue a document organizing the implementation of the inspection conclusion. The implementation organization document must ensure the contents stipulated in Clause 2 of Article 103 of the Inspection Law.

Article 39. Responsibilities of the inspected object, heads of agencies and organizations directly managing the inspected object, and related agencies, organizations, and individuals

The inspected object, heads of agencies and organizations directly managing the inspected object, and related agencies, organizations, and individuals have the responsibility to implement the contents prescribed in Article 104 of the Inspection Law.

Article 40. Supervision, Urging, and Inspection of the Implementation of Inspection Conclusions

The supervision, urging, and inspection of the implementation of inspection conclusions by the People's Public Security Forces shall be carried out according to the provisions from Article 50 to Article 59 of Decree No. 43/2023/NĐ-CP.

Chapter VI

STATE MANAGEMENT

ON INSPECTION WORK OF THE PEOPLE'S PUBLIC SECURITY FORCES

Article 41. Competence and Content of State Management over Inspection Work

1. The Minister of Public Security uniformly manages state administration over inspection work within the People's Public Security Forces; the heads of public security units and localities are responsible for managing inspection work within their respective areas of management.

2. The Inspectorate of the Ministry shall be responsible for assisting the Minister in managing state administration over inspection work within the People's Public Security.

3. Inspectors of public security units and localities and specialized or part-time inspectors in places without inspection organizations have the responsibility to assist the heads of public security units at the same level in managing inspection work within the assigned scope of management.

4. The content of state management includes:

a) Propose competent authorities to promulish or promulish within their competence and guide and organize the implementation of legal documents on inspection;

b) Promote, disseminate, and educate on the implementation of legal regulations on inspection;

c) Inspect and check the responsibility of heads of public security organs at all levels in implementing legal regulations on inspection, receiving citizens, handling complaints and denunciations, and preventing and combating corruption and negative practices;

d) Improving organizational structure, implementing policies, and ensuring necessary conditions for inspection activities;

d) Train and enhance the professional skills of heads and staff engaged in inspection work of the People's Public Security Forces;

e) Handle complaints and denunciations and prevent and combat corruption and negative practices related to inspection activities in accordance with the law;

g) Summarize practical experiences and conduct scientific research to serve inspection work of the People's Public Security Forces;

h) Implement information and reporting systems on inspection work within the assigned scope of management;

i) International cooperation in the fields of inspection work within the People's Public Security.

Article 42. Responsibilities of Heads of State Administrative Agencies at All Levels and Sectors towards Inspection Activities of the People's Public Security Forces

Heads of state administrative agencies at all levels and sectors within their respective duties and powers are responsible for organizing the implementation of recommendations, conclusions, and decisions on handling inspections issued by the Ministry of Public Security in accordance with the law.

Article 43. Responsibilities of the Minister of Public Security and Heads of Public Security Units and Localities in Organizing and Directing Inspection Activities

1. The Minister of Public Security guides on administrative inspection and specialized inspection business of the People's Public Security Forces; on inspection business forms, files, and the implementation of public security inspection conclusions. Organize the dissemination, education, and guidance on the implementation of legal regulations on inspection within their competence.

2. Direct the establishment and issuance of inspection work programs and plans in accordance with regulations; require inspection agencies at the same level to conduct inspections to serve state management; bear responsibility to higher-level agencies for inspection work within their management scope.

3. Improve organizational structure, allocate capable and virtuous staff for inspection work; appoint, dismiss, or propose competent authorities to appoint or dismiss inspector positions and issue inspector cards.

4. Implement policies for inspectors, full-time and part-time inspection officers; direct competition, commendation, and punishment for violations in inspection activities of the People's Public Security Forces in accordance with regulations.

5. Inspect and check the responsibility of agencies, units, and individuals under their management in implementing laws on inspection, receiving citizens, handling complaints and denunciations, and preventing and combating corruption and negative practices.

6. Timely handle inspection recommendations; direct and organize the implementation of inspection conclusions in accordance with regulations. Utilize inspection results to enhance the effectiveness of state management over national security protection, social order and safety assurance, force building, and other aspects of the People's Public Security Forces' work.

7. Regularly listen to reports on inspection work from inspectors under their direct management; promptly resolve difficulties and obstacles in inspection work.

8. Ensuring funding, equipping material infrastructure, and other necessary conditions for inspection activities of the People's Public Security.

9. Direct the handling of complaints and denunciations in inspection activities in accordance with the law on complaints and denunciations; direct the handling of violations by inspection personnel, inspected objects, and related agencies, organizations, and individuals in accordance with the law.

10. Implementing reporting systems on inspection work in accordance with regulations.

Article 44. Handling Violations in the Inspection Activities of the People's Public Security

1. During the inspection process, if violations by the inspected entity and related organizations, institutions, or individuals are discovered, the inspector must apply or propose the competent authority to apply handling measures as prescribed in Article 68 of the Inspection Law.

2. If the inspector commits a violation, they shall be handled according to the provisions of Article 54 of the Inspection Law.

3. Those who violate in implementing the inspection conclusion shall be dealt with according to the provisions of Decree No. 43/2023/NĐ-CP, Articles 64 and 65.

Article 45. Handling Petitions, Complaints, and Appeals

1. The competence, procedure, and formalities for handling petitions and complaints during inspection activities; handling petitions regarding the content of inspection conclusions shall be carried out according to the provisions from Article 60 to Article 63 of Decree No. 43/2023/NĐ-CP.

2. Appeals and complaints about the inspection activities of the people's public security force and the resolution thereof shall be conducted in accordance with the laws on appeals and complaints.

Chapter VII

IMPLEMENTING PROVISIONS

Article 46. Effective Date

This Decree takes effect from February 10, 2025, replacing Government Decree No. 41/2014/NĐ-CP dated May 13, 2014, which stipulates the organization and operation of inspections by the people's public security force, and Government Decree No. 25/2021/NĐ-CP dated March 24, 2021, amending and supplementing certain articles of Government Decree No. 41/2014/NĐ-CP.

Article 47. Responsibility for Implementation

The Minister, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees, and related agencies, organizations, and individuals are responsible for implementing this Decree.

 

PRIME MINISTER
PRIME MINISTER
(Signed)
PHAM MINH CHINH

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164/2024/NĐ-CP
Decree No. 164/2024/ND-CP on the organization and operation of inspection activities of the People's Public Security
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