Decree No. 173/2016/NĐ-CP stipulates on the organization and operation of the Inspection Agency of the Ministry of Culture, Sports and Tourism.

DECREE

PROVISIONS ON THE ORGANIZATION AND OPERATIONS OF THE INSPECTION AUTHORITY IN THE CULTURE, SPORTS, AND TOURISM SECTOR

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 Minister of Culture, Sports and Tourism;

The Government issues a Decree providing for the organization and operations of the Inspection Authority in the Culture, Sports, and Tourism sector.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides for the organization and operations of the Inspection Authority under the Ministry of Culture, Sports, and Tourism; Inspectors, civil servants, and inspection associates in the Culture, Sports, and Tourism sector; uniforms, means, technical equipment, and operational funding; responsibilities of agencies, organizations, and individuals in the inspection activities of the Culture, Sports, and Tourism sector.

Article 2. Applicability

1. Agencies, organizations, and individuals within the direct management scope of the Ministry of Culture, Sports, and Tourism, Departments of Culture, Sports, and Tourism, Departments of Culture and Sports, and Departments of Tourism.

2. Agencies, organizations, and individuals have the obligation to comply with legal regulations in fields under the state management of the Ministry of Culture, Sports, and Tourism, Departments of Culture, Sports, and Tourism, Departments of Culture and Sports, and Departments of Tourism.

Chapter II

ORGANIZATION, DUTIES, AND POWERS OF THE INSPECTION AUTHORITY IN THE CULTURE, SPORTS, AND TOURISM SECTOR

Article 3. The Inspection Authority under the Ministry of Culture, Sports, and Tourism

1. The Inspection Authority under the Ministry of Culture, Sports, and Tourism (hereinafter referred to as the Ministry-level Inspection Authority).

2. The Inspection Authority under the Department of Culture, Sports, and Tourism, the Inspection Authority under the Department of Culture and Sports, and the Inspection Authority under the Department of Tourism (hereinafter referred to as the Provincial-level Inspection Authority).

Article 4. Organization of the Ministry-level Inspection Authority

1. The Ministry-level Inspection Authority is an agency of the Ministry of Culture, Sports, and Tourism, assisting the Minister of Culture, Sports, and Tourism (hereinafter referred to as the Minister) in state management over inspection work, handling complaints and appeals, receiving citizens, and preventing corruption; conducting administrative inspections, specialized inspections; handling complaints and appeals, receiving citizens, and preventing corruption according to the provisions of the law.

2. The Ministry-level Inspection Authority has the Inspector General, Deputy Inspector Generals, Inspectors, and civil servants.

The Inspector General of the Ministry of Culture, Sports, and Tourism (hereinafter referred to as the Inspector General) is appointed, relieved, or dismissed by the Minister after consultation with the Inspector General of the Government.

Deputy Inspector Generals of the Ministry-level Inspection Authority are appointed, relieved, or dismissed by the Minister upon the proposal of the Inspector General. Deputy Inspector Generals assist the Inspector General in performing tasks assigned by the Inspector General. The number of Deputy Inspector Generals shall not exceed three persons.

3. The Ministry-level Inspection Authority has specialized departments, which are established by the Minister.

4. The Ministry-level Inspection Authority has its own seal and separate account.

5. The Ministry-level Inspection Authority is subject to direction and management by the Minister and is subject to guidance on work and organizational and professional matters by the Government Inspectorate.

Article 5. Duties and Powers of the Ministry-level Inspection Authority

The Ministry-level Inspection Authority performs duties and powers as prescribed in Article 18 of the Inspection Law and Article 7 of the Government's Decree No. 86/2011/NĐ-CP dated September 22, 2011 detailing and guiding the implementation of certain provisions of the Inspection Law, and the following duties and powers:

1. Taking the lead or participating in drafting normative legal documents as assigned by the Minister.

2. Drafting annual inspection plans to be submitted to the Minister for approval.

3. Providing professional guidance on specialized inspection to the Provincial-level Inspection Authority.

4. Organizing training and professional development in specialized inspection, complaint resolution, and citizen reception.

5. Monitoring, urging, and inspecting the implementation of conclusions, recommendations, and decisions on inspection by the Minister and the Inspector General.

6. Guiding, inspecting, and supervising agencies and units under the Ministry of Culture, Sports, and Tourism in implementing legal regulations on inspection, complaint resolution, citizen reception, and anti-corruption.

7. Performing citizen reception work in accordance with the law.

8. Summarizing and reporting to the Minister and the Inspector General of the Government on the results of inspection work, complaint resolution, citizen reception, and anti-corruption within the scope of state management of the Ministry of Culture, Sports, and Tourism.

9. Performing other tasks and powers as prescribed by law or assigned by the Minister.

Article 6. Duties and Authorities of the Inspector General of the Ministry

The Inspector General of the Ministry shall perform the duties and authorities stipulated in Article 19 of the Inspection Law and Clause 8 of Decree No. 86/2011/NĐ-CP, as well as the following duties and authorities:

1. Decide on administrative inspections, specialized inspections, and establish inspection teams to carry out inspection tasks.

2. Assist the Minister in checking, verifying, concluding, and recommending measures for handling complaints within the Minister's jurisdiction when assigned, and other tasks as prescribed by laws on complaints.

3. Verify the content of accusations, conclude the verification results, and recommend measures to handle accusations within the Minister's jurisdiction when assigned, and other tasks as prescribed by laws on accusations.

4. Organize citizen reception in accordance with the law.

5. Assist the Minister in directing, urging, and inspecting the implementation of anti-corruption work by agencies and units directly under the Minister's management.

6. Perform other duties and authorities as prescribed by law or assigned by the Minister.

Article 7. Organization of the Inspectorate of the Department

1. The Inspectorate of the Department is an agency of the Department of Culture, Sports and Tourism, the Department of Culture and Sports, and the Department of Tourism, assisting the Director of the Department of Culture, Sports and Tourism, the Director of the Department of Culture and Sports, and the Director of the Department of Tourism (hereinafter referred to as the Director of the Department) in conducting administrative inspections, specialized inspections; resolving complaints, accusations, citizen reception, and anti-corruption work in accordance with the law.

2. The Inspectorate of the Department has an Inspector General, Deputy Inspector Generals, Inspectors, and civil servants.

The Inspector General of the Department of Culture, Sports and Tourism, the Inspector General of the Department of Culture and Sports, and the Inspector General of the Department of Tourism (hereinafter referred to as the Inspector General of the Department) shall be appointed, relieved, or dismissed by the Director of the Department after consultation with the Inspector General of the province or centrally-administered city (hereinafter referred to as the Inspector General of the province).

Deputy Inspector Generals of the Department shall be appointed, relieved, or dismissed by the Director of the Department upon the recommendation of the Inspector General of the Department. Deputy Inspector Generals of the Department assist the Inspector General of the Department in performing tasks as delegated by the Inspector General of the Department.

3. The Inspectorate of the Department has its own seal and separate account.

4. The Inspectorate of the Department is subject to the direction and management of the Director of the Department; it is subject to the direction of the provincial Inspectorate regarding inspection work and guidance on administrative inspection procedures, and to the direction and guidance of the specialized inspection procedures of the Inspectorate of the Ministry.

Article 8. Duties and Authorities of the Inspectorate of the Department

The Inspectorate of the Department shall perform the duties and authorities stipulated in Article 24 of the Inspection Law and Clause 13 of Decree No. 86/2011/NĐ-CP, as well as the following duties and authorities:

1. Develop the annual inspection plan to submit to the Director of the Department for approval.

2. Guide, inspect, and conduct inspections on agencies and units under the Department of Culture, Sports and Tourism, the Department of Culture and Sports, and the Department of Tourism in implementing laws on inspections, complaint resolution, accusation handling, citizen reception, and anti-corruption.

3. Receive citizens in accordance with the law.

4. Summarize and report to the Director of the Department and the Inspector General of the province on the results of inspection work, complaint resolution, accusation handling, citizen reception, and anti-corruption; report to the Inspector General of the Ministry on specialized inspection work, complaint resolution, accusation handling, and citizen reception in the fields of Culture, Family, Sports, and Tourism.

5. Perform other duties and authorities as prescribed by law or assigned by the Director of the Department.

Article 9. Tasks and authorities of the Director of the Department of Inspection

The Director of the Department of Inspection shall perform the tasks and authorities prescribed in Article 25 of the Inspection Law and Article 14 of Decree No. 86/2011/NĐ-CP, as well as the following tasks and authorities:

1. Decide on administrative inspections, specialized inspections, and establish inspection teams to carry out inspection tasks.

2. Assist the Director of the department in inspecting, verifying, concluding, and recommending measures to resolve complaints within the authority of the Director of the department when assigned and other tasks as provided for by laws on complaints.

3. Verify the content of accusations, conclude the verified content, and recommend measures to handle accusations within the authority to resolve of the Director of the department when assigned and other tasks as provided for by laws on accusations.

4. Organize citizen reception in accordance with the law.

5. Assist the Director of the department in directing, urging, and inspecting the implementation of anti-corruption work by agencies and units directly under the management of the Director of the department.

6. Perform other tasks and authorities as prescribed by laws or assigned by the Director of the department.

Chapter III

INSPECTION ACTIVITIES IN THE CULTURE, SPORTS AND TOURISM SECTOR

Article 10. Administrative inspection activities

1. Inspect the implementation of policies, laws, tasks, and authorities of agencies, organizations, and individuals as stipulated in Clause 1 of Article 2 of this Decree.

2. Administrative inspection activities shall be carried out in accordance with the provisions from Article 43 to Article 50 of the Inspection Law, from Article 19 to Article 31 of Decree No. 86/2011/NĐ-CP, and other legal regulations on administrative inspections.

Article 11. Specialized inspection activities

1. Inspect the compliance with legal regulations by agencies, organizations, and individuals as stipulated in Clause 2 of Article 2 of this Decree.

2. Specialized inspection activities shall be carried out in accordance with the provisions from Article 51 to Article 56 of the Inspection Law, and from Article 14 to Article 32 of Decree No. 07/2012/NĐ-CP dated February 9, 2012, of the Government on agencies entrusted to perform specialized inspection functions and specialized inspection activities.

Article 12. Content of specialized cultural-family inspections

1. Inspect the compliance with legal regulations on protecting and promoting the value of intangible cultural heritage; protecting and promoting the value of tangible cultural heritage (historical-cultural relics, scenic spots, antiquities, antiques, national treasures, museums); conditions for operating antique appraisal businesses; conditions for practicing restoration of historical-cultural relics and scenic spots.

2. Inspect the compliance with legal regulations on film production; film distribution; film dissemination.

3. Inspect the compliance with legal regulations:

a) On copyright concerning literary, scientific works, textbooks, teaching materials, and other works expressed in writing or other symbols; lectures, speeches, and other spoken works; press works; musical works; theatrical works; cinematographic works; applied art works; photographic works; architectural works; drawings, diagrams, maps, and engineering drawings related to topography, architecture, and scientific projects; folk literary and artistic works; computer programs and data collections; derivative works;

b) On related rights concerning performances; sound recordings; broadcast programs; satellite signals carrying encoded programs;

c) On copyright and related rights concerning collective management organizations for copyright and related rights.

4. Inspect the compliance with legal regulations on advertising activities, signboards, foreign-related advertising activities within the authorized scope.

5. Inspect the compliance with legal regulations on library activities.

6. Inspect the compliance with legal regulations on artistic performance, fashion shows; beauty pageants and model competitions; circulation and business of audiovisual recordings of music, dance, theater.

7. Inspect the compliance with legal regulations on fine arts activities; photography; exhibitions.

8. Inspect the compliance with legal regulations on exporting and importing cultural products not for commercial purposes; exporting and importing goods subject to specialized cultural management by the Ministry of Culture, Sports and Tourism.

9. Inspect the compliance with legal regulations on organizing festivals; nightclub activities; karaoke activities; electronic game activities (excluding online games).

10. Inspect the compliance with legal regulations on preventing domestic violence.

11. Inspect the compliance with other legal regulations related to cultural and family activities.

Article 13. Contents of specialized inspection in Physical Education and Sports

1. Inspect compliance with laws and regulations on mass physical education and sports.

2. Inspect compliance with laws and regulations on high-performance sports; professional sports.

3. Inspect compliance with laws and regulations on sports facilities; conditions for operating sports activities.

4. Inspect compliance with laws and regulations on physical education and sports by associations and non-governmental organizations operating in the field of physical education and sports.

5. Inspect compliance with other laws and regulations related to physical education and sports activities.

Article 14. Contents of specialized inspection in Tourism

1. Inspect compliance with laws and regulations on domestic travel agency business, international travel agency business, travel agency agency business.

2. Inspect compliance with laws and regulations on tourism accommodation business.

3. Inspect compliance with laws and regulations on tour guiding.

4. Inspect compliance with other laws and regulations related to tourism activities.

Article 15. Construction and approval of annual inspection plans

1. Based on the orientation of the inspection program, guidance from the General Inspector of the Government, and management requirements of the Ministry of Culture, Sports and Tourism, the Inspectorate shall be responsible for constructing and submitting the annual inspection plan to the Minister for approval no later than November 15 each year.

The Minister shall approve the inspection plan by November 25th each year at the latest.

2. Based on the annual inspection plan of the Inspectorate and the provincial inspection requirements of the Ministry of Culture, Sports and Tourism, the provincial inspectorate shall construct the annual inspection plan and submit it to the Provincial Department Director no later than December 5 each year.

The Provincial Department Director shall approve the annual inspection plan no later than December 15 each year.

3. The inspection plans stipulated in Clause 1 and Clause 2 of this Article shall be sent to the inspected entities and relevant agencies and organizations.

Article 16. Handling Overlap in Inspection Activities

1. In cases where the annual inspection plan of the Ministry of Culture, Sports and Tourism overlaps with that of the provincial departments of culture, sports and tourism, culture and sports, or tourism, the plan of the Ministry of Culture, Sports and Tourism shall be followed.

2. The Chief Inspector of the Ministry shall coordinate with the Chief Inspectors of other ministries and sectors to resolve overlap issues in inspection activities of their respective inspectorates; coordinate with the Chief Inspector of the province to resolve overlap issues in cultural, sports, and tourism inspections with local inspectorates.

3. The Chief Inspector of the provincial department shall report to the Chief Inspector of the province to handle overlap issues in inspection activities of the provincial inspectorate with local inspectorates.

Article 17. Re-inspection

1. The Chief Inspector of the Ministry decides to conduct re-inspection of cases concluded by the People's Committee Chairman at the provincial level within the scope and authority of the Ministry of Culture, Sports and Tourism, but which have been found to have signs of law violations upon assignment by the Minister.

2. The procedures and formalities for re-inspection shall be carried out according to the provisions from Article 48 to Article 52 of Decree No. 86/2011/ND-CP and from Article 33 to Article 38 of Decree No. 07/2012/ND-CP.

Article 18. Reporting System for Inspection Work

1. The Inspectorate reports to the Minister and the General Inspector of the Government on inspection work, complaint resolution, citizen reception, and anti-corruption efforts within its assigned responsibilities as stipulated by law.

2. The provincial inspectorate reports to the Provincial Department Director and the Chief Inspector of the province on inspection work, complaint resolution, citizen reception, and anti-corruption efforts; reports to the Chief Inspector of the Ministry on specialized inspection work, complaint resolution, and citizen reception in the fields of culture, family, sports, and tourism.

Chapter IV

INSPECTORS AND ASSISTANT INSPECTORS IN THE FIELD OF CULTURE, SPORTS AND TOURISM

Article 19. Inspectors

1. Inspectors of the Ministry of Culture, Sports and Tourism are civil servants of the Inspectorate of the ministry or provincial inspectorate appointed to the inspector rank to perform inspection tasks in accordance with the provisions of the law and other tasks assigned by the Inspector General of the Ministry or Provincial Inspector General.

2. The duties, powers, and standards for Inspectors are stipulated in Articles 31, 32, and 33 of the Inspection Law 2010; Articles 2, 3, 5, 7, and 8 of Decree No. 97/2011/ND-CP dated October 21, 2011 of the Government on Inspectors and Inspection Collaborators (hereinafter referred to as Decree No. 97/2011/ND-CP) and relevant laws.

3. Inspectors of the Ministry of Culture, Sports and Tourism are provided with uniforms, inspection cards, insignias, shoulder straps, ranks, and other benefits according to the provisions of the law.

Article 20. Inspection Collaborators

1. Inspection Collaborators of the Ministry of Culture, Sports and Tourism are civil servants or public officials not belonging to the establishment of state inspection agencies, having good moral character, sense of responsibility, integrity, honesty, fairness, and objectivity; possessing expertise and vocational skills suitable for the requirements and tasks of the inspection agency that summons them.

2. Inspection Collaborators of the Ministry of Culture, Sports and Tourism are persons summoned by the Inspectorate of the Ministry or Provincial Inspectorate to participate in inspection teams.

3. Inspection Collaborators of the Ministry of Culture, Sports and Tourism have duties and powers as prescribed in Article 24 of Decree No. 97/2011/ND-CP and enjoy benefits and policies according to the law on inspection and related laws.

Chapter V

UNIFORMS, MEANS, TECHNICAL EQUIPMENT, AND OPERATING EXPENSES OF THE INSPECTION OF THE MINISTRY OF CULTURE, SPORTS AND TOURISM

Article 21. Uniforms, Means, Technical Equipment

1. The Inspection of the Ministry of Culture, Sports and Tourism is equipped with uniforms, means, and technical equipment to serve inspection work, handling complaints and denunciations, receiving citizens, and preventing and combating corruption.

2. The Minister of Culture, Sports and Tourism shall specify in detail:

a) Uniforms, insignias, shoulder straps, ranks of Inspectors after consultation with the Chief Inspector General of the Government;

b) List of means and technical equipment, maintenance and use of such means and equipment for inspection activities.

Article 22. Operating Expenses

1. The operating expenses of the Inspectorate of the Ministry of Culture, Sports and Tourism are guaranteed by the state budget. The allocation, management, and use of the budget of the Inspectorate of the Ministry of Culture, Sports and Tourism are carried out in accordance with the provisions of the state budget law.

2. The Inspectorate of the Ministry of Culture, Sports and Tourism may allocate a portion of the funds recovered from inspections and deposited into the state budget to support the enhancement of inspection capacity, strengthen material infrastructure, and reward and motivate organizations and individuals who have achieved success in inspection work.

Chapter VI

RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS IN THE INSPECTION ACTIVITIES OF THE MINISTRY OF CULTURE, SPORTS AND TOURISM

Article 23. Responsibilities of the Minister of Culture, Sports and Tourism

1. Leading and directing inspection activities within the scope of management of the Ministry of Culture, Sports and Tourism.

2. Approving the annual inspection program and plan.

3. Timely address conclusions and recommendations regarding inspection work.

4. Strengthening organizational structure, arranging civil servants with professional expertise and moral integrity to work in inspection; organizing, directing and ensuring conditions for inspection activities.

5. Performing other tasks as prescribed by law.

Article 24. Responsibilities of the Chairman of the Provincial People's Committee

1. Organize, direct, and implement the improvement of the organizational structure, staffing, uniforms, equipment, technical devices, and operating funds of the Department of Inspection according to the proposal of the Department Director.

2. Issue regulations on coordinating activities between the Department of Inspection and public security agencies, market management agencies, specialized inspections, people's committees at all levels, and related organizations within the jurisdiction.

Article 25. Responsibilities of the Department Director

1. Lead and direct inspection activities within the scope of management of the Department of Culture, Sports and Tourism, the Department of Culture and Sports, and the Department of Tourism.

2. Directing the construction and approval of the annual inspection plan.

3. Timely address conclusions and recommendations regarding inspection work.

4. Improve the organization and ensure funding and operational conditions for the Department of Inspection within their authority.

5. Promptly resolving difficulties and obstacles in inspection work; handling overlapping issues in inspection and supervision activities within the scope of management.

6. Performing other tasks as prescribed by law.

Article 26. Responsibilities for Coordination Between the Cultural, Sports, and Tourism Inspection Agency and Related Agencies and Organizations

1. The Ministry-level Inspection Agency shall coordinate with units under the Government Inspectorate; functional agencies, inspection agencies of ministries and sectors; General Departments, Bureaus, Divisions under the Ministry of Culture, Sports and Tourism, provincial Inspections, Departments of Culture, Sports and Tourism, Departments of Culture and Sports, Departments of Tourism, and related agencies in inspection activities, handling complaints and petitions, and anti-corruption efforts.

2. The Department-level Inspection Agency shall coordinate with the Ministry-level Inspection Agency; provincial Inspections; specialized agencies, inspection agencies of departments and sectors of the province; district Inspections, Cultural and Information Offices, and related agencies in inspection activities, handling complaints and petitions, receiving citizens, and anti-corruption efforts.

Article 27. Responsibilities for Coordination of Agencies, Organizations, and Individuals Subject to Inspection

Agencies, organizations, and individuals subject to inspection have the responsibility to coordinate with the Cultural, Sports, and Tourism Inspection Agency in inspection activities. They must perform the rights and obligations of inspected entities as prescribed by law.

Chapter VII

IMPLEMENTING PROVISIONS

Article 28. Effective Date

This Decree takes effect from February 15, 2017.

2. Decree No. 71/2009/ND-CP dated August 28, 2009 of the Government on the organization and operation of the Cultural, Sports, and Tourism Inspection Agency ceases to be effective from the date this Decree takes effect.

Article 29. Responsibility for Implementation

1. The Minister of Culture, Sports and Tourism shall organize the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairmen of provincial and centrally-administered city People's Committees, relevant agencies, organizations, and individuals shall be responsible for implementing this Decree./.