This Circular details the procedures for conducting an administrative inspection within the People's Public Security force, including contents such as planning the inspection; organizing the implementation of the inspection; concluding the activities of the Inspection Team and managing the inspection files. This Circular replaces Circular No. 02/2015/TT-BCA dated January 5, 2015, of the Ministry of Public Security.
Scope of application
This Circular applies to units, localities within the People's Public Security force, and related agencies and organizations when conducting administrative inspections.
Key points
- Detailed regulations on the procedure for planning inspections
- Guidelines on the organization and implementation of inspections
- Requirements for concluding the activities of the Inspection Team and drawing lessons learned
- Regulations on managing administrative inspection files
- Effective from June 6, 2022
🌐 Social impact of this document
- Enhancing the effectiveness of inspection work within the People's Public Security force
- Ensuring transparency and objectivity during the conduct of inspections
- Creating a clear legal basis for the management and storage of inspection files
❓ Frequently asked questions
Which circular does this replace?
This Circular replaces Circular No. 02/2015/TT-BCA dated January 5, 2015, of the Ministry of Public Security.
When is the effective date of this circular?
This Circular takes effect from June 6, 2022.
Full text
CIRCULAR
Regulations on administrative inspection procedures
within the People's Public Security force
__________________
Based on the Inspection Law dated November 15, 2010;
Pursuant to the Law on People's Police dated November 20, 2018;
Pursuant to Decree No. 86/2011/NĐ-CP dated September 22, 2011 of the Government detailing and guiding the implementation of certain provisions of the Inspection Law;
Pursuant to Decree No. 01/2018/NĐ-CP dated August 6, 2018 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;
Pursuant to Decree No. 41/2014/NĐ-CP dated May 13, 2014 of the Government on the organization and operation of administrative inspections within the People's Public Security force;
Pursuant to Decree No. 25/2021/NĐ-CP dated March 24, 2021 of the Government amending and supplementing certain articles of Decree No. 41/2014/NĐ-CP;
At the proposal of the Inspector General of the Ministry of Public Security;
The Minister of Public Security issues this Circular prescribing the administrative inspection procedures within the People's Public Security force.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Circular stipulates the objects, principles, forms, authorities, and procedures for administrative inspections within the People's Public Security force.
Article 2. Applicability
This Circular applies to:
1. Units under the Ministry of Public Security, provincial public security services, centrally governed city public security services, district public security services, town public security services, centrally governed city districts, commune public security services, ward public security services, town public security services (hereinafter referred to as public security units and localities).
2. Heads of inspection agencies, leaders of inspection teams, deputy leaders of inspection teams, members of administrative inspection teams, persons assigned to monitor the situation, persons responsible for supervision, persons responsible for evaluation.
3. Agencies, organizations, and individuals related to the administrative inspection activities of the People's Public Security force.
Article 3. Explanation of Terms
In this Circular, the following terms are understood as follows:
1. "Scope of inspection" refers to specific limits regarding the content of the inspection, the inspected object, the period during which policies, laws, tasks, and granted powers are implemented by the inspected object, as determined in the plan for conducting the inspection.
2. "Content of inspection" refers to the inspection of the implementation of policies, laws, tasks, and granted powers by the inspected object.
3. "Inspected object" refers to public security units and localities; agencies, organizations, and individuals under the management authority of public security units and localities related to the content of the inspection.
4. "Duration of inspection" refers to the time period from the date of announcing the decision to inspect until the end of the direct inspection at the inspected location, excluding holidays as prescribed by law.
5. "Re-inspection" refers to the review, assessment, and handling of inspection conclusions when signs of violation of laws are discovered during the inspection process, leading to the issuance of inspection conclusions.
Article 4. Principles in inspection activities
1. Compliance with the provisions of this Circular and other relevant legal regulations.
2. Ensuring accuracy, objectivity, honesty, transparency, democracy, and timeliness.
3. Properly performing assigned tasks and authorities.
4. Avoiding overlap in scope, objects, content, and duration of inspections among agencies carrying out inspection functions; not hindering the normal operations of agencies, organizations, and individuals that are the inspected objects.
5. Inspection activities shall be conducted under the head system. Members of the inspection team must comply with decisions and directives of the leader of the inspection team; heads of the main inspection agency, leaders of the inspection team must comply with decisions of the person issuing the inspection decision.
Article 5. Forms of administrative inspection
1. Administrative inspections shall be conducted in the following forms:
a) Inspections according to approved plans;
b) Surprise inspections.
2. Surprise inspections shall be conducted in the following cases:
a) When signs of violation of laws by agencies, organizations, or individuals are discovered;
b) At the request for handling complaints, denunciations, or anti-corruption activities;
c) Areas or cases specified by persons with authority under Article 6 of this Circular.
Article 6. Authority to issue inspection decisions
1. The Minister of Public Security shall issue inspection decisions:
a) For complex areas or cases involving multiple local public security units;
b) For particularly complex areas or cases related to the management responsibility of multiple levels and sectors, primarily that of the Ministry of Public Security;
c) Re-inspection of cases concluded by the Inspector General of the Ministry, the Director of the Prison Police Department, the Director of Compulsory Education Facilities, the Director of Juvenile Rehabilitation Centers, or the Provincial Public Security Director, where there are signs of law violations.
2. The Inspector General of the Ministry shall issue inspection decisions:
a) For areas within the Ministry's jurisdiction according to plans approved by the Minister of Public Security;
b) Surprise inspections when signs of law violations by agencies, organizations, or individuals are discovered; at the request for handling complaints, denunciations, or anti-corruption activities, or for areas or cases assigned by the Minister of Public Security;
c) Re-inspection of cases concluded by the Inspector General of local public security units, where there are signs of law violations.
3. The Provincial Public Security Director shall issue inspection decisions:
a) For complex areas or cases involving multiple local public security units within their jurisdiction;
b) For particularly complex areas or cases related to the management responsibility of multiple levels and sectors, primarily that of the Provincial Public Security.
4. The Inspector General of the Provincial Public Security shall issue inspection decisions:
a) For areas within the Provincial Public Security's jurisdiction according to plans approved by the Provincial Public Security Director;
b) Surprise inspections when signs of law violations by agencies, organizations, or individuals are discovered; at the request for handling complaints, denunciations, or anti-corruption activities, or for areas or cases assigned by the Provincial Public Security Director.
5. The Director of the Prison Police Department shall issue inspection decisions:
a) For complex areas or cases involving multiple units within their jurisdiction;
b) Surprise inspections for cases within their authority.
6. The Inspector General of the Prison Police Department shall issue inspection decisions:
a) For areas within their jurisdiction according to plans approved by the Director of the Prison Police Department;
b) Surprise inspections when signs of law violations by agencies, organizations, or individuals are discovered; at the request for handling complaints, denunciations, or anti-corruption activities within their jurisdiction, or for areas or cases assigned by the Director of the Prison Police Department pursuant to Clause 2, Article 28 of Decree No. 41/2014/NĐ-CP dated May 13, 2014 of the Government on the organization and operation of police inspections.
Article 7. Supervision of the Inspection Team's Activities
1. The person issuing the inspection decision shall be responsible for supervising the activities of the Inspection Team. In cases where necessary, the person issuing the inspection decision shall issue a supervision decision regarding the Inspection Team's activities. The organization of supervision of the Inspection Team's activities shall be carried out in accordance with the provisions of Chapter V of Circular No. 06/2021/TT-TTCP dated October 1, 2021, issued by the Government Inspectorate on the organization and operation of the Inspection Team and the procedures and formalities for conducting an inspection (hereinafter referred to as Circular No. 06/2021/TT-TTCP).
2. Tasks of supervising the activities of the Inspection Team shall not be assigned to persons falling under the following circumstances:
a) The circumstances prescribed in Clause 2, Article 11 of this Circular;
b) Being the spouse; father, mother; father, mother-in-law or father, mother of the spouse; child; full brother, sister; full brother, sister of the spouse of the Head of the Inspection Team, Deputy Head of the Inspection Team, or members of the Inspection Team.
Article 8. Inspection Team's Logbook
1. The Inspection Team's logbook includes the following contents:
a) Time, location, and tasks performed on that day;
b) Guidance opinions and management directives of the person issuing the inspection decision, the Head of the Inspection Team (if applicable);
c) Time, location, and content of meetings and consultations held by the Inspection Team;
d) Difficulties and obstacles arising during the Inspection Team's inspection activities (if any);
e) Matters requiring attention.
2. The Head of the Inspection Team shall assign a member of the Inspection Team to be responsible for recording and managing the Inspection Team's logbook; the recorded content must be confirmed by the Head of the Inspection Team. In case the Inspection Team's logbook is lost or damaged, the Head of the Inspection Team must report to the person issuing the inspection decision for consideration and resolution.
3. The Inspection Team's logbook shall be implemented according to the model prescribed by the Government Inspectorate and kept in the inspection business file in accordance with the provisions of Circular No. 52/2021/TT-BCA dated May 14, 2021, issued by the Ministry of Public Security on the work of inspection business files of the People's Police (hereinafter referred to as Circular No. 52/2021/TT-BCA).
Article 9. Location and Working Hours of the Inspection Team
1. The Inspection Team shall conduct its work at the headquarters of the inspected entity, the headquarters of the inspection agency, or the place where inspections and verifications are conducted.
2. The Inspection Team shall work with the inspected entity, agencies, organizations, and individuals related to the inspection during regular working hours. In cases where it is necessary to work outside regular working hours, the Head of the Inspection Team shall decide on specific times and notify all relevant parties.
Article 10. Composition of the Inspection Team
1. The composition of the Inspection Team includes: the Head of the Inspection Team, the Deputy Head of the Inspection Team (if any), and members of the Inspection Team:
a) The Head of the Inspection Team is responsible for organizing and directing the members of the Inspection Team to implement the inspection content and schedule as stipulated in the inspection decision and the inspection plan; implementing information and reporting systems as required by the person issuing the inspection decision; being accountable to the person issuing the inspection decision for the activities of the Inspection Team;
b) The Deputy Head of the Inspection Team is responsible for assisting the Head of the Inspection Team in performing assigned tasks and taking charge of certain activities of the Inspection Team when delegated by the Head of the Inspection Team;
c) Members of the Inspection Team shall perform their tasks as assigned by the Head of the Inspection Team.
2. Based on the requirements of the inspection, the head of the leading agency for the inspection:
a) Shall advise and propose the composition of the Inspection Team: the Head of the Inspection Team, the Deputy Head of the Inspection Team (if any), and members participating in the Inspection Team;
b) Shall report to the person issuing the inspection decision.
Article 11. Cases Prohibited from Participating in the Inspection Team
Persons falling into any of the following cases shall not be allowed to participate in the Inspection Team:
1. Not meeting the requirements and tasks of inspection.
2. Having a spouse; father, mother; father-in-law, mother-in-law; children; full siblings; or full siblings of the spouse who are the subjects of inspection.
3. Not satisfying other conditions for participating in the Inspection Team as prescribed by law.
Article 12. Changing Members of the Inspection Team and the Head of the Inspection Team
1. The person issuing the inspection decision may review and change members of the Inspection Team when such members fall into any of the following cases:
a) Committing any of the prohibited acts as stipulated in Article 13 of the Inspection Law;
b) Situations prescribed in Article 11 of this Circular;
c) Failing to comply with reporting and management directives of the Head of the Inspection Team.
2. The person issuing the inspection decision may review and change the Head of the Inspection Team when the Head falls into any of the following cases:
a) Falling into any of the cases prescribed at points a and b, Clause 1 of this Article;
b) Failing to comply with reporting and management directives of the person issuing the inspection decision;
c) Being assigned another task upon request of the competent authority.
3. Any changes to members of the Inspection Team and the Head of the Inspection Team must be made in writing, decided by the person issuing the inspection decision, and sent to the inspected entity.
Chapter II
INSPECTION PROCEDURES
Section 1
PREPARATION FOR INSPECTION
Article 13. Understanding the Situation, Collecting Information and Documents for Issuing the Inspection Decision
1. Prior to issuing the inspection decision, if necessary, the person issuing the inspection decision may direct the understanding of the situation, collection of information and documents to serve the issuance of the inspection decision.
2. The time for understanding the situation, collecting information and documents shall not exceed 10 working days. Within five working days from the end of the understanding and collection process, the staff member must submit a written report on the results to the assignor.
3. Staff members assigned to understand the situation and collect information and documents must present: The document from the competent authority assigning the task; Police Officer Identity Card or Inspection Card when conducting work with agencies, organizations, or individuals.
4. During the process of understanding the situation and collecting information and documents, staff members must not cause difficulties or inconvenience to agencies, organizations, or individuals required to provide information and documents, nor request information and documents outside the scope of their assigned tasks.
5. Methods for understanding the situation and collecting information and documents:
a) Studying and compiling information from mass media, petitions, complaints, reports, and anti-corruption activities related to the proposed inspection content;
b) Requesting agencies, organizations, or individuals expected to be inspected to report in writing about their operational status and compliance with relevant policies and laws concerning the proposed inspection content; results of inspections, audits, investigations conducted by competent authorities related to the proposed inspection content (if any), and other relevant information;
c) In necessary cases, staff members assigned to understand the situation and collect information and documents may directly work with agencies, organizations, or individuals expected to be inspected or those related to them.
Article 14. Decision on Inspection
1. The issuance of an inspection decision must be based on one of the following grounds:
a) Annual inspection plan;
b) At the request of the competent head of the Public Security agency;
c) When signs of violation of laws are discovered;
d) Requirements for handling complaints, reports, and anti-corruption activities.
2. An inspection decision must clearly state the following contents:
a) Date of issuing the inspection decision;
b) Legal basis for issuing the inspection decision;
c) Scope, subject, content, and tasks of the inspection;
d) Inspection deadline;
d) Head of the inspection team, Deputy Head of the inspection team (if any), members of the inspection team.
3. Within five working days from the date of signing (except in cases of sudden inspections), the inspection decision must be sent to the higher-level Public Security inspection agency for reporting and to the inspected entity.
Article 15. Building and Approving the Plan to Conduct Inspections
1. Within five working days (in cases of sudden inspections, not exceeding three working days), from the date of issuing the inspection decision, the Head of the inspection team is responsible for building the plan to conduct the inspection of the inspection team and submitting it to the person who issued the inspection decision for approval.
2. The plan to conduct inspections includes the following contents:
a) Purpose, requirements; scope, content, subjects, time limit for inspections;
b) Methods of conducting inspections; progress, information and reporting systems; use of equipment, devices, funds, and other material conditions necessary to serve the activities of the inspection team.
c) Implementation organization.
Article 16. Drafting the Outline Requesting the Inspected Entity to Report
1. Based on the inspection decision and the plan to conduct inspections, the Head of the inspection team is responsible for directing and organizing the drafting of the outline requesting the inspected entity to report.
2. The outline requesting the inspected entity to report includes the following contents:
a) Situation and characteristics related to the inspected entity and the inspection content, and their impacts, issues that need to be explained, commented on, and evaluated (if any) regarding the implementation of policies, laws, and tasks of the inspected entity;
b) Current status of the implementation of policies, laws, and tasks of the inspected entity according to each inspection content;
c) Difficulties, obstacles, and proposals, recommendations (if any).
3. Within five working days before announcing the inspection decision, the Head of the inspection team sends a document to the inspected entity along with the outline requesting the report and must clearly specify the content, form, and deadline for the report.
Article 17. Dissemination of the Plan to Conduct Inspections
1. The Head of the inspection team organizes a meeting of the inspection team to disseminate the plan to conduct inspections, clarify the purpose, requirements, content, scope, time limit, time, methods of conducting inspections, and assign tasks to the members of the inspection team.
2. Members of the inspection team build plans to implement assigned tasks and report to the Head of the inspection team for approval. The plan to implement assigned tasks of the members of the inspection team includes the following contents:
a) Specific tasks assigned;
b) Objectives and requirements;
c) Methods and ways of conducting;
d) Time of implementation;
d) Proposals (if any).
Article 18. Notification of the Decision to Conduct an Inspection
1. The Head of the Inspection Team shall be responsible for notifying in writing about the publication of the inspection decision to the inspected entity. In cases where necessary, the person issuing the inspection decision shall sign the notification document regarding the publication of the inspection decision.
2. The notification document regarding the publication of the inspection decision must clearly state the time, location, and participants.
Section 2 CONDUCTING THE INSPECTION
Article 19. Publication of the Inspection Decision
1. Within fifteen working days from the date of issuance of the inspection decision, the Head of the Inspection Team shall be responsible for publishing the inspection decision. In cases where necessary, the person issuing the inspection decision shall chair the publication or delegate the head of the leading agency conducting the inspection to carry out the publication of the inspection decision.
2. Participants at the session for the publication of the inspection decision include:
a) A representative of the leadership of the leading agency conducting the inspection;
b) The Inspection Team;
c) The inspected entity;
d) Agencies, organizations, or individuals related to the content of the inspection (if applicable);
e) The person performing the function of supervising the Inspection Team (if applicable).
3. When publishing the inspection decision, the Head of the Inspection Team must clearly state the tasks and powers of the Head of the Inspection Team and members of the Inspection Team; rights and obligations of the inspected entity; the proposed schedule of work of the Inspection Team and other matters related to the activities of the Inspection Team. The publication of the inspection decision must be recorded in a minutes book and filed in the inspection dossier.
Article 20. Conducting the Inspection
1. Collecting information, files, and documents related to the content of the inspection:
a) The Head of the Inspection Team and members of the Inspection Team shall request the inspected entity to report according to a draft outline; provide information, files, and documents related to the content of the inspection;
b) The handover and receipt of files and documents shall be recorded in a minutes book in accordance with the provisions of the law.
2. Checking and verifying information and documents:
a) The Inspection Team shall be responsible for studying the collected information, files, and documents to clarify the content of the inspection;
b) Evaluating compliance with policies, laws, tasks, and powers of the inspected entity related to the content of the inspection; requesting persons responsible or related parties to explain issues that lack sufficient basis for conclusion;
c) In cases where it is necessary to check and verify against agencies, organizations, or individuals related, members of the Inspection Team shall report to the Head of the Inspection Team for consideration and decision.
3. Upon discovering violations by the inspected entity, the Head of the Inspection Team and members of the Inspection Team shall record the violations of the inspected entity in a minutes book.
4. At the end of the direct inspection at the place where the inspection is conducted, the Inspection Team must record the results of the inspection in a minutes book.
Article 21. Amending and Supplementing the Content of the Plan for Conducting the Inspection
1. Amending and supplementing the content of the plan for conducting the inspection shall be carried out in the following cases:
a) When requested by the person issuing the inspection decision;
b) When suggested by the Head of the Inspection Team;
c) During the inspection, discovering contents that require amendment and supplementation.
2. Amending and supplementing the content of the plan for conducting the inspection shall be reviewed and decided by the person issuing the inspection decision.
3. The Head of the Inspection Team shall notify the inspected entity in writing about the amendment and supplementation of the content of the plan for conducting the inspection.
Article 22. Extension of Inspection Period
1. The extension of the inspection period shall be implemented in the following cases:
a) The inspection content is complex, involving multiple fields, agencies, organizations, and individuals;
b) When it is necessary to seek opinions from specialized agencies, request expert appraisals, or conduct inspections, verifications, and further clarifications related to the inspection;
c) When the inspected subject, agencies, organizations, and individuals show non-cooperative attitudes, obstruct, oppose, or create difficulties for the inspection activities, affecting the inspection period;
d) Other objective factors affecting the inspection period.
2. The head of the inspection team is responsible for drafting a document requesting an extension of the inspection period to be sent to the person issuing the inspection decision. The request document must clearly state the following contents:
a) The number of the request document, place name, date and year;
b) Legal basis;
c) Reasons for and duration of the extended inspection;
d) Inspected subject;
đ) Name, rank, and position of the requester.
3. Within three working days from the date of receipt of the document requesting an extension of the inspection period, the person issuing the inspection decision must review and decide on the extension. The extension of the inspection period shall be carried out in accordance with the provisions of Article 45 of the Inspection Law.
4. The decision extending the inspection period must be sent to the inspected subject and filed in the inspection dossier.
Article 23. Reporting Progress and Results of Inspection Tasks
1. Reporting progress and results of tasks is done in writing and must clearly state the following contents:
a) Progress in implementing inspection tasks up to the reporting date;
b) Content of completed inspection results;
c) Content of ongoing inspections;
d) Planned work to be carried out in the near future;
đ) Difficulties, obstacles, and recommendations, proposals (if any).
2. Responsibility for reporting:
a) Members of the inspection team report progress and results of task implementation to the head of the inspection team; in case of arising issues, members of the inspection team must immediately report to the head of the inspection team for consideration and decision.
b) Every fifteen working days from the start of the inspection or upon urgent request, the head of the inspection team reports progress and results of task implementation of the inspection team to the person issuing the inspection decision for review and guidance. Depending on specific circumstances, the report can be made in writing, directly, or via telephone.
c) The head of the inspection team directs and handles recommendations from members of the inspection team; if exceeding the authority prescribed by law, they must report to the person issuing the inspection decision for review and decision.
Article 24. Transfer of Dossier to Investigative Agency or Other Competent Authority
1. During the inspection process or at the end of the inspection, if violations by the inspected subject, other agencies, organizations, or individuals are discovered with signs of criminal offenses or beyond the jurisdiction of the inspection team, the head of the inspection team must complete the dossier, report to the person issuing the inspection decision to transfer the dossier to the Investigative Agency or other competent authority for resolution.
2. Within two working days from the date of receipt of the report from the head of the inspection team, the person issuing the inspection decision must review and decide on the transfer of the dossier to the Investigative Agency or other competent authority for resolution.
3. Within three working days from the date of receipt of the written directive from the person issuing the inspection decision regarding the handover of the dossier, the head of the inspection team must carry out the handover procedures. The handover record and the directive from the person issuing the inspection decision must be filed in the inspection dossier.
Article 25. Conclusion of On-Site Inspection
1. Upon completion of on-site inspection at the inspected location, members of the inspection team shall report to the Head of the inspection team in accordance with point a, Clause 2, Article 23 of this Circular.
2. Within two working days from the date of conclusion of on-site inspection, the Head of the inspection team shall notify in writing the time of conclusion of on-site inspection and send it to the inspected entity.
Article 26. Forms in Inspection Activities
Administrative inspection forms shall be implemented in accordance with Circular No. 54/2017/TT-BCA dated November 15, 2017 of the Ministry of Public Security (Circular No. 54/2017/TT-BCA), which amends and supplements Article 1 of Circular No. 60/2014/TT-BCA dated November 18, 2014 on forms used in inspection activities, complaint resolution, and citizen reception.
Section 3
CONCLUSION OF INSPECTION
Article 27. Preparation of Inspection Result Report
1. Within fifteen working days from the date of conclusion of on-site inspection, based on the files and documents of the inspection team, the Head of the inspection team shall lead the preparation of the inspection result report of the inspection team and submit it to the person who issued the inspection decision. In case the Head of the inspection team cannot continue performing the task due to health reasons or other reasons, the person who issued the inspection decision shall assign the Deputy Head of the inspection team (if any) or another member of the inspection team to prepare and present the inspection result report until a decision to change the Head of the inspection team is made.
2. The Head of the inspection team must seek opinions of the members of the inspection team regarding the draft inspection result report of the inspection team. Members of the inspection team have the right to reserve their opinions on the contents related to the results of the assigned tasks and other contents of the draft inspection result report before the Head of the inspection team. Reserved opinions must be expressed in writing and attached to the inspection result report sent to the person who issued the inspection decision and kept in the inspection file.
3. When necessary, the Head of the inspection team may refer to the opinions of relevant agencies, organizations, or individuals to ensure that observations, evaluations, conclusions, and recommendations for handling violations are accurate, objective, and bear responsibility for incorporating and perfecting the inspection result report of the inspection team.
4. The inspection result report includes the following contents:
a) The situation and characteristics of the inspected entity directly related to the inspection content and compliance with the inspection decision;
b) Evaluation of compliance with policies, laws, functions, duties, and authorities of the inspected entity and the causes and responsibilities of agencies, organizations, or individuals; measures taken or recommended by the inspection team for handling violations during the inspection process; differing opinions among members of the inspection team when evaluating the compliance of the inspected entity (if any);
c) Recommendations and proposals to the person who issued the inspection decision.
Article 28. Review of Inspection Result Report
1. The person who issued the inspection decision shall review and evaluate the contents of the inspection result report.
2. If further clarification or supplementation of the contents of the inspection result report is required, the person who issued the inspection decision shall request the Head and members of the inspection team to report or organize a meeting of the inspection team attended by the head of the leading agency conducting the inspection and the supervisory personnel to hear the inspection team's direct report.
3. The Head of the inspection team shall convene a meeting of the inspection team to discuss and clarify the inspection result report, and complete the supplementary report according to the guidance of the person who issued the inspection decision.
4. The Head of the inspection team shall present the supplementary report and provide additional clarification of the inspection result report to the person who issued the inspection decision, along with differing opinions of the members of the inspection team (if any).
Article 29. Drafting the Inspection Conclusion
1. After receiving the inspection result report and supplementary report (if any) from the Inspection Team, the person issuing the inspection decision directs the Head of the Inspection Team to draft the inspection conclusion for submission to the person issuing the inspection decision. In case the Head of the Inspection Team cannot continue performing the task due to health reasons or other reasons, the person issuing the inspection decision assigns the Deputy Head of the Inspection Team (if available) or another member of the Inspection Team to draft and submit the Inspection Conclusion until a decision on changing the Head of the Inspection Team is made.
2. The draft inspection conclusion shall include the following contents:
a) Evaluation of the implementation of policies, laws, tasks, and authorities of the inspected entity within the scope of the inspection;
b) Conclusions on each inspection content listed in the inspection plan;
c) Causes and responsibilities of agencies, organizations, and individuals for deficiencies, shortcomings, and violations discovered through the inspection;
d) Recommendations related to the inspected entity and competent authorities for handling according to the provisions of the law.
3. Upon receiving the draft inspection conclusion, if deemed necessary, the person issuing the inspection decision shall take the following measures:
a) Assign a functional department or a person with specialized expertise to organize the review of part or all of the draft inspection conclusion to ensure the accuracy and objectivity of the issuance of the inspection conclusion; the review of the draft inspection conclusion shall be carried out in accordance with Circular No. 06/2021/TT-TTCP;
b) Request the Head and members of the Inspection Team to report and clarify any necessary issues to serve the conclusion of each inspection content;
c) Solicit opinions from specialized agencies with authority;
d) Send the draft inspection conclusion to the inspected entity for participation in providing opinions and explanations. The participation in providing opinions and explanations by the inspected entity shall be done in writing and accompanied by supporting documents;
e) Request the Head of the Inspection Team to organize a meeting between the Inspection Team and the inspected entity to provide opinions on the draft inspection conclusion. The content of the meeting shall be recorded in a minutes document confirmed by representatives of the Inspection Team's leadership and the inspected entity to report to the person issuing the inspection decision (in cases where the person issuing the inspection decision does not chair the meeting) and kept in the inspection file.
Article 30. Signing and Issuing the Inspection Conclusion
1. Within fifteen working days from the date of receipt of the inspection result report and the draft inspection conclusion, the person issuing the inspection decision shall sign and issue the inspection conclusion.
2. The inspection conclusion shall be sent to the head of the state management agency at the same level, the higher-level inspection agency; the inspected entity, and other cases as prescribed by law. In cases where the inspection conclusion contains national secret content, the person issuing the inspection decision shall determine the level of confidentiality of the document.
Article 31. Publicizing the Inspection Conclusion
1. Within ten working days from the date of issuance of the inspection conclusion, the person issuing the inspection decision shall be responsible for publicizing the inspection conclusion, except for inspection conclusions containing content listed in the national secret directory.
2. The form of publicizing the inspection conclusion shall be implemented in accordance with Clause 2 of Article 39 of the Inspection Law and Clause 3 of Article 46 of Decree No. 86/2011/NĐ-CP dated September 22, 2011 of the Government detailing and guiding the implementation of certain provisions of the Inspection Law.
Article 32. Summary of Inspection Activities
1. The Head of the Inspection Team shall convene a meeting of the Inspection Team to summarize and draw lessons from the activities of the Team.
2. The content of summarizing the activities of the Inspection Team includes:
a) Evaluation of the inspection results;
b) Evaluation of the performance of the assigned responsibilities and tasks of the Inspection Team and each member;
c) Summarization, drawing lessons, recommendations, and proposals of the Inspection Team (if any);
d) Other contents as required by the decision-making authority for inspections.
Article 33. Inspection Files
The establishment, registration, management, completion, and submission for retention of administrative inspection files shall be carried out in accordance with the provisions of Circular No. 52/2021/TT-BCA.
Chapter III IMPLEMENTATION PROVISIONS
Article 34. Effective Date
1. This Circular takes effect from June 6, 2022, and replaces Circular No. 02/2015/TT-BCA dated January 5, 2015, of the Ministry of Public Security on the procedures for conducting an administrative inspection in the People's Public Security force.
2. When legal normative documents, articles, or clauses of legal normative documents cited in this Circular are amended, supplemented, or replaced, the cited content in this Circular shall be adjusted and implemented according to the amended, supplemented, or replaced legal normative documents, articles, or clauses.
Article 35. Responsibility for Implementation
1. Heads of public security units and localities within their functions and related agencies, organizations, and individuals are responsible for implementing this Circular.
2. The Inspectorate of the Ministry of Public Security is responsible for guiding, urging, and inspecting the implementation of this Circular. During the implementation of this Circular, if there are difficulties, obstacles, or feedback, they should be reported to the Ministry of Public Security (through the Inspectorate of the Ministry of Public Security) for timely guidance.
During the implementation of this Circular, if there are difficulties, obstacles, or feedback, they should be reported to the Ministry of Public Security (through the Inspectorate of the Ministry of Public Security) for timely guidance./.
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