Decision No. 1885/QD-TTCP Issuing the Regulation on Publicizing Inspection Conclusions of the Government Inspectorate

Pursuant to …;

Issuing regulations on publicizing inspection conclusions of the Government Inspectorate

__________________________

GOVERNMENT INSPECTOR GENERAL

BASED ON THE INSPECTION LAW NO. 56/2010/QH12 OF NOVEMBER 15, 2010;

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;

Considering the proposal of the Director of the Legal Department and the Head of the Office of the Government Inspectorate,

Pursuant to …;

Article 1. This Decision promulgates the "Regulations on Publicizing Inspection Conclusions of the Government Inspectorate" attached hereto.

Article 2. This Decision shall take effect fifteen days from the date of signature.

Article 3. The Heads of Departments, Directors of Units under the Government Inspectorate are responsible for implementing this Decision.

REGULATIONS

PUBLICIZING INSPECTION CONCLUSIONS OF THE GOVERNMENT INSPECTORATE
(Issued together with Decision No. 1885/QD-TTCP dated July 31, 2012 of the Chief Inspector General)

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of Regulation

These Regulations stipulate the authority, content, methods, and procedures for publicizing inspection conclusions of the Government Inspectorate.

Article 2. Applicability

These Regulations apply to all departments, units, members of inspection teams of cadres, civil servants, and public officials under the Government Inspectorate in the process of publicizing inspection conclusions of the Government Inspectorate.

Article 3. Principles of Publicizing Inspection Conclusions

1. The content of inspection conclusions of the Government Inspectorate must be publicized according to these Regulations and other relevant laws, except for contents related to state secrets and national security.

2. Publicizing inspection conclusions of the Government Inspectorate must ensure compliance with the authority, content, methods, and procedures prescribed in these Regulations and other relevant laws; related documents must be recorded in a publicizing file and kept in the inspection dossier.

Chapter 2.

AUTHORITY, CONTENT, METHODS FOR PUBLICIZING INSPECTION CONCLUSIONS

Article 4. Authority for Publicizing Inspection Conclusions

Publicizing inspection conclusions of the Government Inspectorate falls within the authority of the Chief Inspector General.

In cases where the Deputy Chief Inspector General signs inspection conclusions instead of the Chief Inspector General, the Deputy Chief Inspector General who signed the conclusion has the authority to decide on publicizing the inspection conclusion after the Chief Inspector General approves the content of the inspection conclusion to be publicized.

Article 5. Content of Inspection Conclusions to be Publicized

Except for the contents specified in Clause 2, Article 6 of these Regulations, the contents of inspection conclusions to be publicized must be compiled into an Inspection Conclusion Notice signed by the Chief Inspector General or the Deputy Chief Inspector General who signed the inspection conclusion. The Inspection Conclusion Notice includes the following contents:

1. The scope of inspection;

2. Strengths and violations identified through the inspection;

3. Administrative, economic, criminal recommendations and other recommendations as prescribed by law.

Article 6. Methods for Publicizing

1. Publicizing inspection conclusions is carried out through an Inspection Conclusion Notice or an Inspection Conclusion document.

2. Publicizing the Inspection Conclusion document to the inspected entity is announced at a meeting chaired by the Chief Inspector General or the Deputy Chief Inspector General who signed the inspection conclusion, with the participation of the Head of the inspection team, representatives of the inspection team, the inspected entity, and related organizations and individuals.

3. In addition to the method specified in Clause 2 of this Article, depending on the nature of each inspection, the Inspection Conclusion Notice can be publicized through the following methods:

a) Posting on the Government Inspectorate's electronic portal at the address: http://thanhtra.gov.vn

b) Announcing at regular or special press conferences chaired by the Chief Inspector General, Deputy Chief Inspector General, or spokesperson of the Government Inspectorate according to the Government Inspectorate's Press Release and Information Provision Regulations for the Media.

4. The application of the publicizing methods specified in point a and point b, Clause 3, Article 6 of these Regulations is decided by the Chief Inspector General or the Deputy Chief Inspector General who signed the inspection conclusion based on the proposal of the Department or Bureau Director assigned to lead the inspection.

5. In cases where related agencies, organizations, units, individuals involved in the inspection or media outlets request information outside press conferences, they should contact the Spokesperson of the Government Inspectorate.

Chapter 3.

PROCEDURES FOR PUBLICIZING INSPECTION CONCLUSIONS.

Article 7. Construction and submission of the Inspection Conclusion Notification

1. The Director of the Department or Bureau responsible for leading the inspection shall be responsible for drafting the draft Inspection Conclusion Notification to submit to the Chief Inspector General or Deputy Chief Inspector General for approval within five days from the date of assignment to draft the Notification.

2. Based on the opinions of the Chief Inspector General or Deputy Chief Inspector General who signed the inspection conclusion, the Director of the Department or Bureau shall complete the Inspection Conclusion Notification to submit to the Chief Inspector General for approval.

3. Depending on the chosen method of publicizing, within three days from the date of signing the Inspection Conclusion Notification, the Director of the Bureau or Department with the inspection team shall send the Inspection Conclusion Notification to the Information Center to post it on the Inspector General's electronic information portal or submit it to the Chief Inspector General's Office to include it in the Inspector General's press release or organize an unexpected press conference to announce the inspection conclusion.

4. The submission of the Inspection Conclusion Notification to news agencies shall be carried out by the Inspector General's Office according to the directives of the Chief Inspector General or Deputy Chief Inspector General who signed the inspection conclusion.

Article 8. Publicizing the inspection conclusion

1. Publicizing the Inspection Conclusion with the inspected entity shall be conducted as follows:

a) At the public meeting announcing the inspection conclusion, the Head of the inspection team reads the full content of the inspection conclusion.

b) The Head of the inspection team is responsible for assigning members of the inspection team to record the minutes of the public meeting announcing the inspection conclusion.

2. Publicizing through other methods shall be conducted as follows:

a) Within one day from the date of receiving the Inspection Conclusion Notification, the Director of the Information Center is responsible for posting the Inspection Conclusion Notification on the Inspector General's electronic information portal in accordance with point a, Clause 3, Article 6 of this Regulation. The period of publicity on the electronic information portal must be at least five days.

b) In case the Inspector General organizes an unexpected press conference to publicize the inspection conclusion, the Chief Inspector General's Office is responsible for reading the full content of the Inspection Conclusion Notification at the press conference.

c) In case the Inspector General organizes a regular press conference, the Inspector General's Office is responsible for summarizing the content of the Inspection Conclusion Notification to include in the press release.

d) The Information Center is responsible for publishing on the Inspector General's electronic information portal about the content of the Inspector General's press conference.

Chapter 4.

IMPLEMENTATION AND HANDLING OF VIOLATIONS

Article 9. Implementation Provisions

1. The Directors of Departments and Bureaus, Heads of units, Heads of inspection teams, members of inspection teams, officials, and civil servants under the Inspector General are responsible for implementing this Regulation. The Directors of Departments and Bureaus shall urge and inspect the implementation of responsibilities in publicizing the inspection conclusions, while assisting the Chief Inspector General in monitoring and managing the publicizing of inspection conclusions.

2. The Chief Inspector General's Office is responsible for:

a) Based on the Inspection Conclusion, the Inspection Conclusion Notification, and the directives of the Chief Inspector General and Deputy Chief Inspector General, actively coordinate with the Press and Publishing Department under the Central Propaganda Department and the Press Bureau under the Ministry of Information and Communications in publishing information about the Inspector General's inspection conclusions on mass media and preparing the content for unexpected and regular press conferences of the Inspector General.

b) Inspect, report to the Chief Inspector General on the implementation, and propose amendments and supplements to the Regulation in accordance with requirements and actual circumstances.

Article 10. Handling of violations

Members of the inspection team, officials, civil servants, and employees under the Inspector General who violate the provisions of this Regulation shall be subject to administrative or criminal penalties depending on the nature and severity of the violation as stipulated by law.

Article 11. Amendment and supplementation to the Regulationpolicies

During the implementation of the Regulation, if there are any difficulties or new issues arising, the Heads of the Departments, Directors of Units under the Government Inspectorate shall promptly notify the Director of the Government Inspectorate's Office to report to the Chief Inspector for consideration and amendment./.