Decree No. 216/2013/ND-CP On the organization and operation of inspection in the Planning and Investment sector

DECREE

Regarding the organization and operation of the inspection activities of the Ministry of Planning and Investment

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Pursuant to the proposal of the Director of the Department of Ethnic Affairs and Religion Propaganda;on issued the Decree on the organization and operation of inspection activities of the industry of Planning and Investmentpolicies This Decree stipulates the organization, tasks, powers, and activities of agencies performing the function of inspecting the industry of Planning and Investment; inspectors, persons assigned to perform specialized inspection tasks, and inspection collaborators of the industry of Planning and Investment; the responsibilities of agencies, organizations, and individuals in the inspection activities of the industry of Planning and Investment.;

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Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

NHIỆM VỤ, QUYỀN HẠN CỦA CÁC CƠ QUAN THỰC HIỆN CHỨC NĂNG THANH TRA NGÀNH KẾ HOẠCH VÀ ĐẦU TƯ

Article 2. Inspection Objects

Article 4. Agencies performing the function of inspecting the industry of Planning and Investment

a) The Inspectorate of the Ministry of Planning and Investment;

Article 3. Application of International Treaties

In cases where this Decree and international treaties to which the Socialist Republic of Vietnam is a member have different provisions on the same issue, the provisions of the international treaty shall be applied.

Chapter II

b) The Inspectorate of the Department of Planning and Investment.

2. Agencies assigned to perform the function of specialized inspection of Planning and Investment include:

1. State inspection agencies, including:

a) General Statistics Office;

b) Statistics Office.

Article 5. Tasks and Powers of the Inspectorate of the Ministry of Planning and Investment

The Inspectorate of the Ministry of Planning and Investment performs the tasks and powers prescribed in Article 18 of the Inspection Law and the following tasks and powers:

1. Collecting information to build annual inspection plans; guiding the Inspectorate of the Department of Planning and Investment in building specialized inspection plans.

2. Inspecting and urging the construction and implementation of specialized inspection plans by the Inspectorate of the Department of Planning and Investment.

3. Organizing training for inspectors and civil servants assigned to perform specialized inspection tasks within the Ministry of Planning and Investment.

4. Propagating, guiding, inspecting, and urging subordinate agencies and units of the Ministry of Planning and Investment to implement laws on inspection.

5. Summarizing and drawing lessons from inspection work within the scope of state management of the Ministry of Planning and Investment.

Article 6. Tasks and Powers of the Head of the Inspectorate of the Ministry of Planning and Investment

The Head of the Inspectorate of the Ministry of Planning and Investment performs the tasks and powers prescribed in Article 19 of the Inspection Law and the following tasks and powers:

1. Reporting to the Minister of Planning and Investment and the Chief Inspector of the Government about inspection work within their scope of responsibility.

6. Other duties and powers as prescribed by law.

2. Inspecting the responsibility of heads of subordinate agencies and units of the Ministry of Planning and Investment in implementing laws on inspection.

Article 7. Tasks and Powers of the Inspectorate of the Department of Planning and Investment

The Inspectorate of the Department of Planning and Investment performs the tasks and powers prescribed in Article 24 of the Inspection Law and the following tasks and powers:

1. Collecting information to build annual inspection plans.

3. Summon civil servants and officials of related agencies and units to participate in inspection activities.

4. Other duties and powers as prescribed by law.

2. Organizing training for inspectors and civil servants engaged in inspection work within the Department of Planning and Investment.

3. Propagating, guiding, inspecting, and urging agencies and units under the Department of Planning and Investment to implement laws on inspection.

4. Summarizing and drawing lessons from inspection work within the scope of state management delegated or authorized to the Department of Planning and Investment.

2. Organize training on specialized inspection business for inspectors and civil servants engaged in inspection work under the Department of Planning and Investment.

3. Propagate, guide, inspect, and urge subordinate agencies and units under the Department of Planning and Investment to implement laws and regulations on inspection.

4. Summarize and draw lessons from inspection work within the scope of administrative management authority delegated to the Department of Planning and Investment.

5. Other tasks and powers as prescribed by law.

Article 8. Duties and Authorities of the Inspector General of the Department of Planning and Investment

The Inspector General of the Department of Planning and Investment shall perform the duties and authorities stipulated in Article 25 of the Inspection Law and the following duties and authorities:

1. Report to the Director of the Department of Planning and Investment, the Inspector General of the provincial inspectorate, and the Inspector General of the Ministry of Planning and Investment on inspection work within their scope of responsibility.

2. Summon civil servants and officials from relevant agencies and units to participate in inspection activities.

3. Other duties and powers as prescribed by law.

Article 9. Duties and Authorities of the General Statistics Office

The General Statistics Office has the duties and authorities prescribed in Clause 1, Article 10 of Decree No. 07/2012/NĐ-CP dated February 9, 2012 of the Government on agencies assigned to perform specialized inspection functions and specialized inspection activities, and the following duties and authorities:

1. Guide the Statistical Bureau in drafting plans for specialized inspections.

2. Implement complaint resolution, accusation handling, and anti-corruption work in accordance with the provisions of the law.

3. Summarize and report to the Inspector General of the Ministry of Planning and Investment the results of specialized inspections, complaint resolution, accusation handling, and anti-corruption efforts within the jurisdiction of the General Statistics Office.

4. Other duties and powers as prescribed by law.

Article 10. Advisory Unit for Specialized Inspection Work

The advisory unit for specialized inspection work on planning and investment at the General Statistics Office shall be organized as a Department; at the Statistical Bureau, it shall be organized as a Section.

Chapter III

INSPECTION ACTIVITIES IN THE PLANNING AND INVESTMENT SECTOR

Article 11. Content of Administrative Inspections

Inspect compliance with policies, laws, tasks, and authorities assigned to agencies, organizations, and individuals as stipulated in Clause 1, Article 2 of this Decree.

Article 12. Content of Specialized Inspections in the Planning and Development Sector

1. Inspect compliance with legal regulations on overall socio-economic development planning, including:

a) The preparation of overall socio-economic development plans;

b) The review of overall socio-economic development plans;

c) The approval and publication of overall socio-economic development plans;

d) The implementation of overall socio-economic development plans.

2. Inspect compliance with legal regulations on socio-economic development plans, including:

a) The formulation and approval of socio-economic development plans;

b) The implementation of socio-economic development plans.

3. Inspect compliance with other legal regulations on overall socio-economic development planning and socio-economic development planning.

Article 13. Content of Specialized Inspections in the Sector of Allocation, Management, and Utilization of Development Investment Funds

1. Inspect compliance with regulations on the preparation, allocation, and distribution of development investment funds.

2. Inspect compliance with regulations on the distribution, management, and utilization of development investment funds.

3. Inspect compliance with regulations on project management and implementation, including:

a) The preparation, review, and approval of investment projects;

b) The implementation of investment projects;

c) The completion of investments and the commissioning of investment projects for operation.

4. Inspect compliance with other legal regulations on the allocation, management, and utilization of development investment funds.

Article 14. Contents of specialized inspection in the field of bidding

1. Inspect compliance with regulations in the preparation, review, approval of bidding plans, investment selection plans, and contractor selection plans.

2. Inspect compliance with regulations in the selection of contractors and investors.

3. Inspect compliance with other provisions of the law on bidding.

Article 15. Contents of specialized inspection in the field of domestic investment, foreign investment, and overseas investment

1. Inspect compliance with regulations on domestic investment, foreign investment, including:

a) Investment promotion;

b) Registration, verification, issuance, adjustment, and revocation of Investment Certificate;

c) Compliance with regulations stipulated in the Investment Certificate.

2. Inspect compliance with regulations on overseas investment, including:

a) Registration, verification, issuance, adjustment, and revocation of Investment Certificate;

b) Compliance with regulations stipulated in the Investment Certificate.

3. Inspect compliance with other provisions of the law on domestic investment, foreign investment, and overseas investment.

Article 16. Contents of specialized inspection in the acceptance, management, and utilization of official development assistance (ODA), preferential loans from sponsors, and non-governmental foreign aid

1. Inspect compliance with regulations in the management and implementation of programs and projects using ODA, preferential loans from sponsors, and non-governmental foreign aid within the scope of authority.

2. Inspect compliance with regulations on monitoring and evaluating programs and projects; implementing reporting and information provision systems for programs and projects using ODA, preferential loans from sponsors, and non-governmental foreign aid within the scope of authority.

3. Inspect compliance with other provisions of the law in the management and utilization of ODA, preferential loans from sponsors, and non-governmental foreign aid within the scope of authority.

Article 17. Contents of specialized inspection in the field of industrial park, economic zone, border economic zone, high-tech zone, and other types of economic zones management and operation

1. Inspect compliance with regulations on the establishment and expansion of industrial parks, economic zones, border economic zones, high-tech zones, and other types of economic zones.

2. Inspect compliance with regulations on infrastructure construction in industrial parks, economic zones, border economic zones, high-tech zones, and other types of economic zones.

3. Inspect compliance with other provisions of the law on management and operation of industrial parks, economic zones, border economic zones, high-tech zones, and other types of economic zones.

Article 18. Contents of specialized inspection in the field of enterprises and business registration

1. Inspect compliance with regulations on the establishment and business registration of various types of enterprises, dependent units of enterprises, and individual businesses.

2. Inspect compliance with contents specified in the Enterprise Registration Certificate for various types of enterprises and Business Registration Certificate for individual businesses.

3. Inspect compliance with regulations on organizational structure, management, and operation of various types of enterprises.

4. Inspect compliance with regulations on division, separation, merger, consolidation, conversion, and dissolution of various types of enterprises.

5. Inspect compliance with regulations on the provision and publication of enterprise registration information.

6. Inspect compliance with other provisions of the law on enterprises and business registration.

Article 19. Contents of specialized inspection in the field of cooperatives and cooperative unions

1. Inspect compliance with regulations on capital contribution, establishment, registration, and changes to the registration content of cooperatives and cooperative unions.

2. Inspect compliance with regulations on conditions for becoming members of cooperatives and cooperative unions.

3. Inspect compliance with regulations on division, separation, merger, consolidation, and dissolution of cooperatives and cooperative unions.

4. Inspect compliance with other provisions of laws on cooperatives and cooperative unions.

Article 20. Contents of specialized inspection in the field of statistics

1. Inspect compliance with regulations on statistical surveys.

2. Inspect compliance with regulations on statistical reports.

3. Inspect compliance with regulations on dissemination and use of statistical information.

4. Inspect compliance with regulations on storage of statistical documents.

5. Inspect compliance with other provisions of laws on statistics.

Article 21. Inspection Authority

1. The Ministry of Planning and Investment's Inspectorate inspects compliance with the provisions of Articles 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20 of this Decree and re-inspection according to Clause 1 of Article 27 of this Decree within the scope of management under the Ministry of Planning and Investment.

2. The Inspectorate of the Department of Planning and Investment inspects compliance with the provisions of Articles 11, 12, 13, 14; Clause 1 and 3 of Article 15; Article 16; Clause 2 and 3 of Article 17; Article 18 and Article 19 of this Decree within the scope of authority or delegated management under the Department of Planning and Investment.

3. The General Statistics Office inspects compliance with the provisions of Article 20 of this Decree within the scope of management under the General Statistics Office.

4. The Statistics Bureau inspects compliance with the provisions of Article 20 of this Decree within the scope of delegated management under the Bureau.

Article 22. Construction and Approval of Annual Inspection Plans

1. The General Statistics Office constructs and sends the Ministry of Planning and Investment's Inspectorate the General Statistics Office's inspection plan not later than November 1st of the year preceding the planned year.

The Ministry of Planning and Investment's Inspectorate compiles the inspection plans of the Ministry of Planning and Investment's Inspectorate and the General Statistics Office and submits them to the Minister of Planning and Investment for approval.

The Minister of Planning and Investment reviews and approves the inspection plans of the Ministry of Planning and Investment's Inspectorate and the General Statistics Office not later than November 25th of the year preceding the planned year.

2. The Inspectorate of the Department of Planning and Investment constructs and submits its inspection plan to the Director of the Department of Planning and Investment not later than December 5th of the year preceding the planned year.

The Director of the Department of Planning and Investment is responsible for reviewing and approving the inspection plan not later than December 15th of the year preceding the planned year.

3. An approved inspection plan that needs adjustment must be reported to the authorized approver.

4. The inspection plans specified in Clauses 1 and 2 of this Article shall be sent to the inspected entities and relevant agencies and organizations.

Article 23. Handling Overlap in Inspection Activities

1. If the inspection plan of a subordinate agency overlaps with that of a superior agency, it shall be implemented according to the plan of the superior agency.

2. The Head of the Ministry of Planning and Investment's Inspectorate is responsible for leading the handling of overlapping issues regarding the scope, subjects, contents, and timeframes of inspections between the Ministry of Planning and Investment's Inspectorate and the agency assigned to perform specialized inspection functions in planning and investment; coordinating with the Inspectorates of Ministries and ministerial-level agencies in handling overlapping issues in the inspection activities of the planning and investment sector; coordinating with provincial inspectors in handling overlapping issues in the inspection activities of the planning and investment sector with local inspection agencies, reporting to the Minister of Planning and Investment for review when necessary.

3. The Head of the Department of Planning and Investment's Inspectorate reports to the Provincial Inspectorate's Head to handle overlapping issues in inspection activities with local inspection agencies.

Article 24. Authority to issue inspection decisions

1. The Inspector General of the Ministry of Planning and Investment, the Inspector General of the Department of Planning and Investment shall issue administrative inspection decisions, specialized inspection decisions, and establish inspection teams.

In cases involving complex matters related to the management responsibilities of multiple agencies, units, levels, and sectors, the Minister of Planning and Investment, the Director of the Department of Planning and Investment shall issue inspection decisions and establish inspection teams.

2. The Director-General of the General Statistics Office shall issue specialized inspection decisions according to plans and establish inspection teams.

In cases involving complex matters related to the management responsibilities of multiple subordinate units, the Minister of Planning and Investment shall issue inspection decisions and establish inspection teams.

Article 25. Inspection Period

1. An administrative inspection conducted by the Inspectorate of the Ministry of Planning and Investment shall not exceed 45 days; in complex cases, it may be extended but shall not exceed 70 days.

An administrative inspection conducted by the Inspectorate of the Department of Planning and Investment shall not exceed 30 days; in complex cases, it may be extended but shall not exceed 45 days.

2. A specialized inspection conducted by the Inspectorate of the Ministry of Planning and Investment and the General Statistics Office shall not exceed 45 days; in complex cases, it may be extended but shall not exceed 70 days.

3. A specialized inspection conducted by the Inspectorate of the Department of Planning and Investment shall not exceed 30 days; in complex cases, it may be extended but shall not exceed 45 days.

4. The extension of the inspection period as stipulated in Clause 1, 2, and 3 of this Article shall be decided by the person issuing the inspection decision.

Article 26. Procedures and Formalities for Conducting Inspections in the Planning and Investment Sector

1. The activities of the Inspectorate of the Ministry of Planning and Investment and the Inspectorate of the Department of Planning and Investment shall be carried out in accordance with the provisions of the Inspection Law; Decree No. 86/2011/ND-CP dated September 22, 2011 of the Government detailing and guiding the implementation of certain articles of the Inspection Law; Decree No. 07/2012/ND-CP dated February 9, 2012 of the Government on agencies assigned to perform specialized inspection functions and specialized inspection activities.

2. The procedures and formalities for conducting inspections by agencies assigned to perform specialized inspection functions in the Planning and Investment sector shall be carried out in accordance with the provisions of the Inspection Law and Decree No. 07/2012/ND-CP.

3. The activities of inspectors and civil servants conducting independent specialized inspections shall be carried out in accordance with the provisions of Decree No. 07/2012/ND-CP.

Article 27. Re-inspection of Inspection Conclusions

1. The Inspector General of the Ministry of Planning and Investment shall decide to re-inspect matters concluded by the Director-General of the General Statistics Office, the Chairpersons of People's Committees of provinces and centrally-administered cities within the scope and authority of state management of the Ministry of Planning and Investment, if such matters are found to have signs of violation of laws upon assignment by the Minister of Planning and Investment.

2. The re-inspection decision shall include the contents prescribed in Clause 1 of Article 52 of the Inspection Law. Within three working days from the date of signing the re-inspection decision, the person issuing the re-inspection decision must send the re-inspection decision to the person who signed the original inspection conclusion and the subject of the re-inspection.

3. The basis for re-inspection, the statute of limitations for re-inspection, the re-inspection period, the tasks, powers of the person issuing the re-inspection decision, the Head of the re-inspection team, members of the re-inspection team, and the report on the results of the re-inspection shall be implemented in accordance with the provisions of the Inspection Law, Decree No. 86/2011/ND-CP, and Decree No. 07/2012/ND-CP.

4. The person issuing the re-inspection decision shall issue a re-inspection conclusion. The content of the re-inspection conclusion shall be implemented in accordance with the provisions of the inspection law.

5. The re-inspection conclusion of the Inspector General of the Ministry of Planning and Investment shall be sent to the Minister of Planning and Investment and the Inspectorate of the Government.

Article 28. Consolidation and Reporting on Inspection Activities of the Planning and Investment Sector

1. The Inspectorate of the Ministry of Planning and Investment shall consolidate and report to the Minister of Planning and Investment and the Chief Inspector of the Government on inspection activities, complaint and denunciation resolution work, and anti-corruption efforts within their scope of responsibility.

2. The General Statistics Office shall consolidate and report to the Inspectorate of the Ministry of Planning and Investment on specialized inspection activities, complaint and denunciation resolution work, and anti-corruption efforts within their scope of responsibility.

3. The Inspector of the Department of Planning and Investment shall report to the Provincial Inspector, the Director of the Department of Planning and Investment, and the Inspectorate of the Ministry of Planning and Investment on inspection activities, complaint and denunciation resolution work, and anti-corruption efforts within their scope of responsibility.

Chapter IV

INSPECTORS OF THE PLANNING AND INVESTMENT SECTOR, SPECIALIZED INSPECTORS OF THE PLANNING AND INVESTMENT SECTOR, AND ASSOCIATES OF THE INSPECTORS OF THE PLANNING AND INVESTMENT SECTOR

Article 29. Inspectors of the Planning and Investment Sector

1. Inspectors of the Planning and Investment Sector (hereinafter referred to as Inspectors) are civil servants of the Inspectorate of the Ministry of Planning and Investment and the Inspectorate of the Department of Planning and Investment appointed to the inspector rank to perform inspection tasks and other tasks assigned by the Head of the Inspectorate of the Ministry of Planning and Investment and the Head of the Inspectorate of the Department of Planning and Investment. Inspectors are provided with uniforms and inspection badges.

2. Inspectors must comply with the law, be responsible before the Head of the Inspectorate of the Ministry of Planning and Investment, the Head of the Inspectorate of the Department of Planning and Investment, and the law regarding the performance of assigned duties and powers.

3. Standards for inspector ranks; appointment and removal of inspectors, and conditions ensuring the operation of inspectors shall be carried out in accordance with the provisions of the law.

Article 30. Specialized Inspectors of the Planning and Investment Sector

1. Persons assigned to perform specialized inspection tasks of the Planning and Investment Sector are civil servants under the establishment of the General Statistics Office and the Statistical Bureau (hereinafter referred to as specialized inspectors).

Specialized inspectors must meet the conditions and standards stipulated in Article 12 of Decree No. 07/2012/ND-CP and the regulations of the Minister of Planning and Investment.

2. Specialized inspectors are entitled to allowances as prescribed. Uniforms and badges for specialized inspectors are regulated by the Minister of Planning and Investment.

3. When conducting inspections, specialized inspectors may impose administrative penalties according to the law; in cases exceeding their authority, they must report to the competent authority for examination and handling.

Article 31. Associates of Inspectors of the Planning and Investment Sector

1. Associates of Inspectors of the Planning and Investment Sector are persons with appropriate expertise and skills for inspection tasks, recruited by the Inspectorate of the Ministry of Planning and Investment and the Inspectorate of the Department of Planning and Investment to participate in inspection teams and not belonging to the establishment of state inspection agencies.

2. Standards, tasks, and powers of associates of Inspectors of the Planning and Investment Sector; procedures and formalities for recruiting associates of Inspectors of the Planning and Investment Sector, and funding for recruiting associates of Inspectors of the Planning and Investment Sector shall be implemented in accordance with the law.

Chapter V

RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS, AND INDIVIDUALS IN THE IMPLEMENTATION OF INSPECTION CONCLUSIONS

Article 32. Responsibilities of the Head of the State Management Agency in the Inspection Activities of Planning and Investment

1. The Minister of Planning and Investment shall be responsible for:

a) Organizing and directing the activities, improving the organizational structure of the Inspectorate under the Ministry of Planning and Investment; ensuring financial conditions, technical equipment, uniforms, and other necessary conditions to serve the activities of the Inspectorate under the Ministry of Planning and Investment; at the same time promptly handling the conclusions and recommendations of the Inspectorate under the Ministry of Planning and Investment in accordance with the provisions of the law;

b) Specifying in detail the tasks and powers of the General Statistics Office, the Director of the General Statistics Office, and the unit advising on specialized inspection work in planning and investment.

2. The Chairman of the People's Committee of the province shall be responsible for directing the Director of the Department of Planning and Investment to improve the organizational structure, ensure financial resources, staffing, technical equipment, uniforms, and other necessary conditions for the activities of the Inspectorate under the Department of Planning and Investment; sending the inspection conclusions to the Ministry of Planning and Investment within the prescribed time limit for inspections involving the functions of state management of the Ministry of Planning and Investment.

3. The Director of the Department of Planning and Investment shall be responsible for organizing and directing the activities, improving the organizational structure of the Inspectorate under the Department of Planning and Investment; promptly handling the conclusions and recommendations of the Inspectorate under the Department of Planning and Investment in accordance with the provisions of the law.

4. The Director-General of the General Statistics Office shall be responsible for organizing and directing the activities, improving the organizational structure of the unit advising on specialized inspection work at the General Statistics Office and the Statistics Bureau; ensuring financial conditions, technical equipment, uniforms, and other necessary conditions to serve the activities of the unit advising on specialized inspection work at the General Statistics Office and the Statistics Bureau.

Article 33. Responsibilities of agencies, organizations, and individuals

1. The responsibilities and rights of agencies, organizations, and individuals that are the subjects of inspection and those related to them shall be implemented in accordance with the provisions of Article 10 of the Inspection Law.

2. Other agencies, organizations, and individuals, upon receiving requests, recommendations, and decisions on handling inspections from the Ministry of Planning and Investment, the Inspectorate under the Ministry of Planning and Investment, the Department of Planning and Investment, the Inspectorate under the Department of Planning and Investment, the General Statistics Office, and the Statistics Bureau, shall be responsible for implementing and responding in writing about the implementation of such requests, recommendations, and decisions on handling.

Chapter VI

IMPLEMENTING PROVISIONS

Article 34. Effective Date

This Decree takes effect from March 1, 2014, replacing Decree No. 148/2005/NĐ-CP dated November 30, 2005 of the Government on the organization and operation of the Inspectorate of Planning and Investment.

Article 35. Responsibility for Implementation

1. The Minister of Planning and Investment shall be responsible for guiding 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, Heads of agencies and units, and related individuals shall be responsible for implementing this Decree./.