Circular No. 24/2015/TT-BKHCN on inspectors, specialized inspection civil servants, and inspection cooperators in the science and technology sector.

CIRCULAR

REGULATIONS ON INSPECTORS, SPECIALIZED INSPECTION OFFICERS

AND INSPECTION COLLABORATORS IN THE FIELD OF SCIENCE AND TECHNOLOGYệ

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Based on the Inspection Law dated November 15, 2010;

Pursuant to Decree No. 20/2013/NĐ-CP dated February 26, 2013 of the Government on the organization and operation of the Ministry of Science and Technology;

Pursuant to Decree No. 97/2011/NĐ-CP dated October 21, 2011 of the Government on inspectors and inspection collaborators and Decree No. 92/2014/NĐ-CP dated October 8, 2014 of the Government amending and supplementing Clause 1, Article 16 of Decree No. 97/2011/NĐ-CP dated October 21, 2011;

Pursuant to Decree No. 07/2012/ND-CP dated February 9, 2012 of the Government stipulating the agencies entrusted with the function of specialized inspection and specialized inspection activities;

Pursuant to Decree No. 213/2013/NĐ-CP dated December 20, 2013 of the Government on the organization and operation of specialized inspection in the field of science and technology;

Pursuant to Decision No. 12/2014/QĐ-TTg dated January 27, 2014 of the Prime Minister on the allowance system for specialized inspection officers;

Considering the proposal of the Inspector General of the Ministry;

The Minister of Science and Technology issues this Circular on inspectors, specialized inspection officers, and inspection collaborators in the field of science and technology.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates standards, procedures for appointment, removal, and recognition of inspectors, specialized inspection officers, and inspection collaborators in the field of science and technology; management and use of identification cards and uniforms for inspectors and specialized inspection officers; responsibilities for managing inspectors, specialized inspection officers, and inspection collaborators in the field of science and technology.

Article 2. Applicability

This Circular applies to inspectors, specialized inspection officers in the field of science and technology; inspection collaborators in the field of science and technology; state inspection agencies in the field of science and technology; agencies assigned to perform specialized inspection functions in the field of science and technology; central and local government agencies responsible for science and technology management; agencies and organizations with civil servants and officials who are called upon to serve as inspection collaborators and other organizations and individuals related to inspection activities.

1. Inspectors in the field of science and technology (hereinafter referred to as inspectors) are civil servants of the Inspectorate of the Ministry of Science and Technology, Inspectorate of the Department of Science and Technology (hereinafter referred to as the Inspectorate of the Ministry, Inspectorate of the Department) appointed to the inspector ranks to carry out inspection tasks and other tasks assigned by the Head of the Inspectorate of the Ministry, Head of the Inspectorate of the Department.

3. Inspection collaborators in the field of science and technology (hereinafter referred to as inspection collaborators) are civil servants and officials with expertise and vocational skills suitable for the requirements and tasks of science and technology inspections, summoned by the Head of the Inspectorate of the Ministry, Head of the Inspectorate of the Agency, and Head of the Inspectorate of the Department to participate in inspection teams. Inspection collaborators have duties and powers as stipulated in Articles 47 and 54 of the Inspection Law.

Chapter II

STANDARDS, PROCEDURES FOR APPOINTMENT, REMOVAL, RECOGNITION

OF INSPECTORS, SPECIALIZED INSPECTION OFFICERS

AND INSPECTION COLLABORATORS

Section 1

INSPECTORS

Article 4. Standards for Inspectors

Inspectors must meet the general standards prescribed in Clause 1, Article 32 of the Inspector Law, Articles 6, 7, and 8 of Decree No. 97/2011/ND-CP dated October 21, 2011 of the Government on Inspectors and Inspector Collaborators (hereinafter referred to as Decree No. 97/2011/ND-CP).

Article 5. Authority and Procedures for Appointing and Dismissing Inspectors at Various Levels

The authority and procedures for appointing and dismissing Inspectors, Chief Inspectors, and Senior Inspectors shall be carried out in accordance with the provisions of Decree No. 97/2011/ND-CP.

Section 2

SPECIALIZED INSPECTOR CIVIL SERVANTS

Specialized Inspector Civil Servants must meet the standards stipulated in Clause 1, Article 12 of Decree No. 07/2012/ND-CP dated February 9, 2012 of the Government on specialized inspection agencies and specialized inspection activities, and the following specific standards:

1. Proficiency in regulations related to their field of expertise, management rules concerning standardization and quality measurement (for Specialized Inspector Civil Servants of the General Bureau) or radiation and nuclear safety (for Specialized Inspector Civil Servants of the Bureau);

2. At least two years of work experience in the relevant field (excluding probationary period);

3. A bachelor's degree or higher, with a major suitable for the assigned inspection field;

4. A certificate in inspection training or specialized inspection training.

1. The Director of the General Bureau, the Director of the Bureau has the authority to recognize and terminate recognition of Specialized Inspector Civil Servants.

The Legal Affairs and Inspection Department of the General Bureau, the Bureau’s Inspection Office (hereinafter collectively referred to as the specialized inspection advisory unit) will review and select civil servants who meet the standards set forth in Article 6 of this Circular, prepare files to submit to the Director of the General Bureau, the Director of the Bureau for consideration and decision on recognizing Specialized Inspector Civil Servants.

In cases where a Specialized Inspector Civil Servant falls under one of the circumstances specified in Point a, Clause 4 of this Article, the specialized inspection advisory unit will submit to the Director of the General Bureau, the Director of the Bureau for a decision to terminate recognition of the Specialized Inspector Civil Servant.

2. The file for recognizing a Specialized Inspector Civil Servant includes:

a) A letter from the specialized inspection advisory unit proposing the recognition of a Specialized Inspector Civil Servant;

b) A resume according to Model 2C-BNV/2008 issued by Decision No. 02/2008/QD-BNV dated October 6, 2008 of the Minister of Home Affairs regarding the issuance of forms and records for managing cadres and civil servants, confirmed by the head of the directly managing agency;

c) Copies of academic certificates and professional qualifications that meet the standards for Specialized Inspector Civil Servants as prescribed in this Circular.

3. The decision to recognize a Specialized Inspector Civil Servant must include the following basic contents:

a) Basis for issuing the decision;

b) Information about the proposed recognized civil servant, including: Full name, civil service rank, current position, inspection field, full-time or part-time.

4. The decision to terminate recognition of a Specialized Inspector Civil Servant.

a) Termination of recognition of a Specialized Inspector Civil Servant in the following cases:

- The official has been transferred or rotated to another agency, organization, or unit that does not have the function of specialized scientific and technological inspection;

- Has submitted a voluntary resignation letter to stop working as a specialized inspection official;

- Has failed to complete specialized inspection tasks for two consecutive years;

- Violated service discipline and received disciplinary action of warning or higher;

- For other reasons as prescribed by law.

b) The decision to terminate recognition of specialized inspection officials must include the following basic information:

- Basis for issuing the decision;

- Information about the proposed terminated civil servant, including: Full name, civil service rank, current position, specialized inspection field, full-time or part-time.

- The time point for termination of recognition of specialized inspection officials.

5. The decision to recognize or terminate recognition of a Specialized Inspector Civil Servant shall be implemented according to Form BM 03 and BM 04 of this Circular and sent to the Ministry's Inspectorate 01 copy.

Article 8. Remuneration System for Professional Inspectors

Professional inspectors shall be entitled to receive allowances as stipulated in Decision No. 12/2014/QĐ-TTg dated January 27, 2014, issued by the Prime Minister on the allowance system for professional inspectors, and other relevant laws. Professional inspectors shall be provided with uniforms in accordance with Article 18 of this Circular.

Section 3

INSPECTOR ASSISTANTS

Article 9. Standards for Inspection Collaborators

In addition to the general standards prescribed in Article 22 of Decree No. 97/2011/NĐ-CP, inspection collaborators must meet the following requirements:

1. Understanding of laws, having the appropriate professional qualifications and experience as required by the recruiting agency.

2. Ability to analyze, synthesize, and write reports.

3. For inspection contents related to specialized fields, in addition to the standards prescribed in Clause 1 and Clause 2 of this Article, inspection collaborators participating in inspection teams must have at least two years of work experience in the specialized field being recruited (domestic or foreign).

Article 10. Recruitment of Inspection Collaborators

1. The Director of the Inspectorate of the Ministry, the Director of the Inspectorate of the Department, and the Director of the Inspectorate of the Provincial Department have the authority to recruit inspection collaborators.

2. Based on the established system of inspection collaborators as stipulated in Clause 1 of Article 21 of this Circular and survey results, the Director of the Inspectorate of the Ministry, the Director of the Inspectorate of the Department, and the Director of the Inspectorate of the Provincial Department shall issue a written request to the direct management agency to appoint the person to be recruited. The recruitment notice must clearly state the basis for recruitment, the target of recruitment, the requirements for expertise and experience, the duration of recruitment, remuneration, and other related matters.

3. The Director of the Inspectorate of the Ministry, the Director of the Inspectorate of the Department, and the Director of the Inspectorate of the Provincial Department have the right not to include the recruited person in the inspection team if the recruited person does not meet the requirements for the target, expertise, experience, or other reasons to ensure objectivity during the inspection process.

Article 11. Remuneration and Policies for Inspection Collaborators

1. To be paid full salary and allowances (if applicable) by the direct management agency.

2. To be reimbursed for travel expenses by the recruiting agency, ensuring necessary working conditions and facilities, and enjoying other benefits like members of the inspection team.

3. To receive training and professional development in inspection.

4. To enjoy benefits as prescribed by law.

Article 12. Budget for Recruitment of Inspection Collaborators

1. The budget for recruitment of inspection collaborators shall be covered from the State budget by the Inspectorate of the Ministry, the Inspectorate of the Department, and the Inspectorate of the Provincial Department.

2. Annually, the Director of the Inspectorate of the Ministry, the Director of the Inspectorate of the Department, and the Director of the Inspectorate of the Provincial Department shall prepare a budget estimate for the recruitment of inspection collaborators to submit for approval by the competent authority.

The budget for summoning inspection collaborators shall be provided outside the administrative expense quota according to the staffing plan.

Article 13. Evaluation of Work Performance of Inspection Collaborators

1. Upon completion of the recruitment period or the inspection period, the recruiting agency must issue a written evaluation of the performance of the inspection collaborator to the head of the direct management agency of the recruited person.

2. The content of the evaluation includes:

a) Results of assigned tasks.

b) Organizational discipline awareness.

c) Recommendations for commendation or disciplinary action (if applicable).

Chapter III

SAMPLE BADGE, MANAGEMENT, USE OF BADGE AND UNIFORM FOR

OF INSPECTORS, SPECIALIZED INSPECTION OFFICERS

Article 14. Inspection Officer's Badge and Uniform

1. Inspection officers shall be provided with uniforms in accordance with Circular No. 02/2015/TT-TTCP dated March 16, 2015 of the Government Inspectorate stipulating the uniform for civil servants, inspection officers, public officials, and employees under state inspection agencies, and shall be issued badges in accordance with Circular No. 01/2012/TT-TTCP dated April 9, 2012 of the Government Inspectorate stipulating the model and management and use of Inspection Officer Badges.

2. The Chief Inspector of the Ministry shall examine and compile a list and issue a document requesting the Chief Inspector General to issue new, replace, or reissue Inspection Officer Badges for inspection officers under the Ministry’s Inspectorate.

3. The Chief Inspector of the Department shall examine and compile a list and issue a document requesting the Chief Inspector of the province or centrally-administered city to submit to the Chief Inspector General to issue new, replace, or reissue Inspection Officer Badges for inspection officers under the Department’s Inspectorate.

1. The specialized inspection civil servant badge shall be issued by the Chief Inspector of the Ministry to specialized inspection civil servants to perform specialized inspection tasks, prepare minutes, and impose administrative penalties in accordance with the law.

Strictly prohibit using the specialized inspection official card for other purposes.

2. The Ministry Inspectorate shall uniformly print, manage, and produce blank specialized inspection civil servant badges. The cost of producing the badges shall be funded from the state budget according to the approved estimate.

3. The validity period of the badge is five years from the date of issuance.

Article 16. Model of Specialized Inspection Civil Servant Badge

1. Size: Width 61 mm, length 87 mm.

2. Color and design: The front side is bright red, the back side is white, with a blue logo of the Ministry of Science and Technology, an emblem of the inspection sector, and one diagonal red stripe 5 mm wide.

3. Content on the badge shall be presented in the Vietnamese character font (Unicode font) in accordance with Vietnam Standard TCVN 6909:2001.

4. Content on the front side of the badge: National Emblem, National Emblem, and the name "SPECIALIZED INSPECTION CIVIL SERVANT BADGE."

5. Content on the back side of the badge: National Emblem, the name "SPECIALIZED INSPECTION CIVIL SERVANT BADGE OF SCIENCE AND TECHNOLOGY," the holder's full name, the organization where the holder works, the holder's photograph, place name, date of issuance, signature and seal of the issuer, and the validity period of the badge.

6. The model of the specialized inspection civil servant badge shall be implemented according to form BM 01 of this Circular.

Each specialized inspection official is assigned one specialized inspection official card code.

The code of the specialized inspection civil servant badge is A08, followed by the code of the directly managing agency and the serial number starting from 001. The specific code of the specialized inspection civil servant badge is as follows:

a) Code of the specialized inspection civil servant badge under the General Administration: A08-TDC-...;

b) Code of the specialized inspection civil servant badge under the Bureau: A08-CATBXHN-....

1. The Chief Inspector of the Ministry shall issue new, replace, reissue, and revoke specialized inspection civil servant badges.

The Director of the General Administration and the Director of the Bureau shall request the Chief Inspector of the Ministry to issue new, replace, reissue, and revoke specialized inspection civil servant badges.

2. Issue a new specialized inspection official card in the case where an official is recognized as a specialized inspection official for the first time.

3. Replace the specialized inspection civil servant badge in the following cases:

a) The specialized inspection official card has expired;

b) Change the card code;

c) Change the name of the agency entrusted with the function of specialized inspection;

d) When there is a new regulation regarding the card model;

đ) The currently used specialized inspection official card is damaged.

4. Documents for issuing and replacing specialized inspection official cards include:

a) Request for issuing new or replacing the specialized inspection civil servant badge by the Director of the General Administration or the Director of the Bureau;

b) List of persons proposed to be issued the specialized inspection civil servant badge according to form BM 02 of this Circular;

c) Decision recognizing specialized inspection officials (copy);

d) Two color portrait photographs, similar to identification card size 23mm x 30mm, taken within six months, clearly marked with full name and organization on the back of each photo and on the envelope containing the photos;

đ) Old specialized inspection civil servant badge for replacement cases.

5. Reissue a specialized inspection official card

a) Specialized inspection civil servants may have their badges reissued if lost due to objective reasons and not subject to revocation as stipulated in Clause 6 of this Article. Reissuing the badge for the second time or more shall be decided by the Chief Inspector of the Ministry in each specific case.

b) Documents for reissuing a specialized inspection official card include:

- Application for reissuing the badge, including a report and explanation of the loss of the badge by the specialized inspection civil servant, confirmed by the head of the directly managing agency or unit;

- Request document of the Director of the General Administration or the Director of the Bureau;

- List of persons proposed to be issued the specialized inspection civil servant badge according to form BM 02 of this Circular;

- Two color portrait photographs, similar to identification card size 23mm x 30mm, taken within six months, clearly marked with full name and organization on the back of each photo and on the envelope containing the photos.

6. Cases for revoking the specialized inspection civil servant badge:

a) The specialized inspection official has a decision terminating recognition as a specialized inspection official;

b) A specialized inspector civil servant who has been decided to be dismissed from service or has been disciplined with the measure of being compelled to leave the service in accordance with the provisions of the law;

c) A specialized inspector civil servant who retires, dies, or goes missing while on duty;

d) A specialized inspector civil servant who is convicted by a court with a judgment having legal effect;

đ) Cases for replacing the specialized inspection civil servant badge as stipulated in Clause 3 of Article 17 of this Circular or when the badge is issued contrary to regulations.

f) Other cases as prescribed by law.

7. Based on the decision of the competent authority regarding the cases stipulated in Clause 6 of this Article, the Director of the General Administration or the Director of the Bureau shall proceed to revoke the specialized inspection civil servant badge, cut the corner of the badge before handing it over, and report to the Ministry Inspectorate.

1. The uniforms of specialized inspection officials shall be implemented in accordance with Circular No. 02/2015/TT-TTCP dated March 16, 2015, issued by the Government Inspector General on the uniforms for officers, inspectors, officials, and staff under state inspection agencies, and shall be regulated as follows:

a) Heads and deputy heads of specialized inspection advisory units of Directorates and Bureaus shall be provided with uniforms, shoulder straps, and insignia equivalent to those of Department Heads and Deputy Department Heads under the Ministry's Inspection Service;

b) Specialized inspection officials not holding leadership management positions shall be provided with uniforms equivalent to those of inspectors but without shoulder straps and insignia.

2. The cost of making and equipping uniforms for specialized inspection officials shall be funded from the state budget and allocated in the annual budget estimate of the agency managing specialized inspection officials.

3. Specialized inspection officials shall be prioritized for the allocation of transportation means, equipment, technical devices, and support tools for inspection, supervision, and administrative violation handling in accordance with the provisions of the law.

Chapter IV

RESPONSIBILITIES FOR MANAGING INSPECTORS AND SPECIALIZED INSPECTION OFFICIALS AND ASSOCIATE INSPECTORS

SPECIALIZED INSPECTION AND ASSISTANT INSPECTORS

Article 19. Responsibilities for managing inspectors under the Chief Inspector of the Ministry and the Chief Inspector of the Department

1. Organizing the implementation or submitting to competent authorities for implementation of systems, policies, and ensuring operational conditions for inspectors under direct management.

2. Assigning, supervising, and inspecting the performance of tasks by inspectors.

3. Proposing to competent state authorities the appointment, removal, promotion, transfer, training, and further education for inspectors.

4. Evaluating inspectors under direct management in accordance with regulations.

5. Managing and inspecting the use of uniforms, badges, nameplates, and Inspector Cards.

6. Implementing reward and disciplinary measures for inspectors within their authority or proposing competent authorities to reward or discipline inspectors in accordance with regulations.

7. Statistics and reporting on the situation of inspectors under direct management to higher-level inspector management agencies.

8. Resolving complaints and reports against inspectors in accordance with the law.

9. Perform other tasks and exercise other powers as prescribed by law.

1. To inspect and supervise the performance of tasks by specialized inspector civil servants in accordance with the laws on inspection.

2. Ensuring operational conditions, systems, and policies for specialized inspection officials in accordance with regulations.

3. Appointing specialized inspection officials to participate in inspection business training as prescribed.

4. To evaluate specialized inspector civil servants within their direct management scope in accordance with the regulations.

5. Managing and inspecting the use of uniforms, badges, nameplates, and cards within the scope of direct management.

6. To implement reward and punishment systems for specialized inspector civil servants within their authority or to propose higher authorities to reward or punish them in accordance with the regulations.

7. To compile and report the number and implementation status of tasks of specialized inspector civil servants within their direct management scope as required by the competent authority.

8. Reviewing, compiling lists of cadres and officials currently holding inspection ranks at Directorates and Bureaus, and reporting to the Board for Transfer of Civil Servant Ranks of the Ministry to remove them from their current ranks and transfer them to equivalent civil servant ranks in accordance with the law.

9. To handle complaints and denunciations against specialized inspector civil servants in accordance with the law.

10. Perform other tasks and exercise other powers as prescribed by law.

Article 21. Responsibilities of the Chief Inspector of the Ministry, the Chief Inspector of the Bureau, and the Chief Inspector of the Department in the recruitment of associate inspectors

1. The Chief Inspector of the Ministry, the Chief Inspector of the Bureau, and the Chief Inspector of the Department have the responsibility to establish a system of associate inspectors to serve inspection work.

The Ministry of Inspection shall organize training and further education in inspection business for regularly and long-term recruited associate inspectors.

2. Using associate inspectors according to their expertise and business suitability for the requirements and tasks of recruitment.

3. Inspecting and supervising the performance of tasks by associate inspectors during the recruitment period.

4. Providing comments and evaluations on the performance of associate inspectors upon completion of recruitment in accordance with Article 13 of this Circular.

5. Paying travel expenses, ensuring working conditions and means, and other benefits for associate inspectors in accordance with Article 11 of this Circular.

6. Rewarding or proposing competent authorities to reward or discipline associate inspectors in accordance with the law.

1. Assign and arrange inspectors and civil servants summoned to participate in the Inspection Team according to the summoning letter from the agency summoning inspection collaborators.

2. Coordinate with the Head of the agency summoning inspection collaborators to inspect and supervise the performance of tasks by inspection collaborators under their management authority.

3. Utilize the comments of the agency summoning inspection collaborators in evaluating, assessing for commendation and rewards, and implementing other systems and policies for summoned inspectors and civil servants.

Chapter V

IMPLEMENTING PROVISIONS

Article 23. Effectiveness and Transitional Provisions

1. This Circular takes effect from January 15, 2016.

2. Repeal Decision No. 18/2007/QĐ-BKHCN dated September 6, 2007 of the Minister of Science and Technology on the issuance of "Regulations on Uniforms, Badges, Rank Badges, and Nameplates of Science and Technology Inspectors."

3. Staff and civil servants of the General Department and Bureau who have been appointed to inspector ranks will be relieved of their positions and transferred to equivalent civil servant ranks when this Circular takes effect.

Article 24. Responsibility for Implementation

The Heads of the Ministry's Inspectorate, General Department Directors, Bureau Directors, Bureau Inspectorate Chiefs, Heads of Ministries' agencies and units, Department Directors, Department Inspectorate Chiefs, and related organizations and individuals are responsible for implementing this Circular.

In the course of implementation, if difficulties or obstacles arise, they are requested to report to the Ministry of Science and Technology (through the Ministry's Inspectorate) for timely revision and supplementation./.