Decree No. 25/2021/NĐ-CP Amending and supplementing some articles of Decree No. 41/2014/NĐ-CP dated May 13, 2014 of the Government on the organization and operation of inspection in the People's Public Security

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Based on the Inspection Law dated November 15, 2010;

Pursuant to the Law on People's Police dated November 20, 2018;

The Government promulgates this Decree on regulations regarding entry, exit, and residence policies for foreigners at the International Financial Center in Vietnam.

The Government issues a Decree amending and supplementing some Articles of Decree No. 41/2014/NĐ-CP dated May 13, 2014, of the Government on the organization and operation of inspection in the People's Public Security.

Article 1. Amending and supplementing some Articles of Decree No. 41/2014/NĐ-CP

1. Clause 1, Clause 3 of Article 3 shall be amended and supplemented as follows:

"1. The system of state inspection agencies within the People's Public Security includes:

a) The Inspectorate of the Ministry of Public Security (hereinafter referred to as the Inspectorate of the Ministry);

b) The Inspectorate of the Provincial Police, the Municipal Police under the Central Government (hereinafter referred to as the Inspectorate of the Provincial Police);

c) The Inspectorate of the General Police Force for Prison Management, Compulsory Education Facilities, and Juvenile Rehabilitation Schools.

3. In units without an inspection organization, the Head of the unit directly directs citizen reception work; complaint and denunciation resolution; anti-corruption and thrift activities in accordance with the provisions of the law. Units with a strength of 200 officers and soldiers or more shall allocate dedicated inspection officers; units with less than 200 officers and soldiers shall allocate part-time inspection officers."

2. Clause 5 of Article 10 shall be amended and supplemented as follows:

"5. Managing the team of Inspectors and officers under the establishment; proposing the appointment, dismissal of Inspectors in the People's Public Security; coordinating with the Heads of Public Security units and localities in advising the Minister of Public Security to appoint, dismiss, remove from office, and transfer the Chief Inspector of Public Security units and localities according to regulations."

3. Section 2 Chapter II shall be amended and supplemented as follows:

"Section 2

INSPECTION OF THE CIRC CUSTODIAL FACILITIES MANAGEMENT POLICE, COMPULSORY EDUCATION INSTITUTIONS, AND REFORM THROUGH EDUCATION SCHOOLS

Article 11. Position, Functions, and Organizational Structure of the Inspectorate of the Civilian Prison Management Police, Compulsory Education Facilities, and Rehabilitation Schools

1. The Inspection of the Circ Custodial Facilities Management Police, Compulsory Education Institutions, and Reform Through Education Schools has the function of assisting the Director in implementing administrative inspection work, citizen reception, complaint and denunciation resolution, and anti-corruption and thrift activities within the Circ according to the law; conducting administrative inspections within its authority over units and individuals under the management of the Director.

2. The Inspection of the Circ Custodial Facilities Management Police, Compulsory Education Institutions, and Reform Through Education Schools has a Chief Inspector, Deputy Chief Inspector, Inspector ranks, and officers, non-commissioned officers, and technical specialists.

The appointment, dismissal, and removal from office of the Chief Inspector must be agreed upon with the Chief Inspector of the Ministry before being proposed to the Minister of Public Security for decision; the appointment, dismissal, and removal from office of the Deputy Chief Inspector and Inspectors are carried out according to the law.

Article 12. Tasks and Authorities of the Inspectorate of the Civilian Prison Management Police, Compulsory Education Facilities, and Rehabilitation Schools

1. Inspect the implementation of policies, laws, and work tasks of units and police officers under the management of the Bureau.

2. Assisting the Director in managing complaint resolution and accusation handling; verifying, concluding, and recommending contents of complaints and accusations within the authority of the Director and organizing citizen reception according to the law.

3. Carry out anti-corruption and anti-waste work in the Bureau in accordance with the law on anti-corruption and anti-waste.

4. Monitor, inspect, and urge the implementation of inspection conclusions, recommendations, and decisions made by the Bureau.

5. Assist the Director in managing, inspecting, guiding, and organizing training for inspectors and heads of units under the Bureau.

6. Summarize experiences, exchange information, and conduct scientific research on inspection work in accordance with the law.

7. Compile and report to the Director and the Chief Inspector of the Ministry on the results of inspection work, complaint and accusation resolution, citizen reception, anti-corruption, and anti-waste within the Bureau's management scope.

8. Perform other tasks assigned by the Director.

Article 13. Tasks and Authorities of the Inspector General of the Department of Prison Management, Compulsory Education Facilities, and Juvenile Rehabilitation Schools

1. Submitting to the Director for decision to conduct inspections when signs of law violations are discovered or due to requirements for anti-corruption and thrift work; deciding to conduct inspections within its authority, forming an Inspection Team, and assigning Inspectors to carry out inspections according to the law.

2. Report to the Department Director and the Inspector General of the Ministry to handle overlapping and repetitive programs, plans, and contents of inspections within the scope of the Department.

3. Recommending the Director to consider responsibility and handle officers and soldiers under his management who have violated policies, laws, tasks, and powers discovered through inspection work according to the law and the Ministry of Public Security.

4. Verify, conclude, and recommend solutions to complaints and accusations according to the law.

5. Implement tasks and authorities related to anti-corruption and thrift work within the organization according to the law.

6. Reporting and being responsible before the Director, the Chief Inspector of the Ministry about the results of inspection work, complaint and accusation resolution, citizen reception; anti-corruption and thrift work within the scope of their responsibilities.

7. Propose and coordinate with relevant authorities to propose the appointment, dismissal, and removal from office of the Deputy Inspector General of the Department and inspectors at units under the Department.

8. Managing, leading, and directing the Inspection Office to perform tasks and powers according to Article 12 of this Decree and performing other tasks assigned by the Director."

4. Clause 2 of Article 15 shall be amended as follows:

"2. The Inspection of the Provincial Public Security has a Chief Inspector, Deputy Chief Inspector, Inspector ranks, and officers, non-commissioned officers, and technical specialists.

The Chief Inspector is appointed, dismissed, or removed from office by the Minister of Public Security according to the law."

5. Clause 2 of Article 23 shall be amended and supplemented as follows:

"2. Based on the inspection plan of the Ministry of Public Security and the management requirements of the Public Security units and localities, the Chief Inspector is responsible for building the inspection plan and submitting it to the Head of the unit no later than December 5th. The Heads of units are responsible for approving it no later than December 15th each year."

6. Article 27 shall be amended and supplemented as follows:

"1. Based on the approved inspection plan by the competent Public Security Head, the Chief Inspector of Public Security units and localities issues an inspection decision and establishes an Inspection Team to perform the inspection task.

2. For complex areas and cases involving multiple units and localities, the Minister, the Director of the Circ Custodial Facilities Management Police, Compulsory Education Institutions, and Reform Through Education Schools, and the Director of the Provincial Public Security issue an inspection decision and establish an Inspection Team to perform the inspection task.

3. For particularly complex areas and cases involving the management responsibility of multiple levels and sectors, mainly the responsibility of the Ministry of Public Security, based on the inspection plan, the Minister and the Director of the Provincial Public Security issue an inspection decision and establish a multi-sector Inspection Team to perform the inspection task."

7. Clause 3, Clause 4, Clause 5 of Article 28 shall be amended and supplemented as follows:

"3. For complex areas and cases involving the management responsibility of multiple Public Security units and localities, the Minister and the Director of the Provincial Public Security issue an immediate inspection decision, establish an Inspection Team to perform the inspection task.

4. For particularly complex areas and cases involving multiple levels and sectors, mainly the responsibility of the Public Security, the Minister and the Director of the Provincial Public Security issue an immediate inspection decision and establish a multi-sector Inspection Team to perform the inspection task.

5. The Director of the Circ Custodial Facilities Management Police, Compulsory Education Institutions, and Reform Through Education Schools issues an immediate inspection decision for cases within his authority, establishes an Inspection Team to perform the inspection task, and sends the inspection decision to the higher-level Public Security Inspection."

8. Clause 2 of Article 30 shall be amended and supplemented as follows:

"2. Administrative inspections conducted by provincial public security agencies and the Inspection Department of the Prison Management Police Force, compulsory education facilities, and juvenile rehabilitation centers shall not exceed thirty days. In mountainous, border, island, remote, and difficult-to-reach areas, this period may be extended but shall not exceed forty-five days."

9. Point a, Clause 2, Article 32 is amended and supplemented as follows:

"2. Authority to conduct re-inspections:"

a) The Minister of Public Security decides to conduct re-inspections on cases that have been concluded by the Head of the Ministry's Inspection Department, the Director of the Prison Management Police Force, compulsory education facilities, and juvenile rehabilitation centers, or the Provincial Public Security Director, but where signs of violation of laws are discovered."

10. Clause 2, Clause 3, Clause 4 of Article 33 are amended and supplemented as follows:

"2. The Head of the Ministry's Inspection Department issues decisions to inspect state management fields of the Ministry of Public Security according to plans approved by the Minister of Public Security; conducts surprise inspections of ministries, sectors, groups, corporations operating nationwide or involving multiple regions and provincial People's Committees; re-inspects cases within the state management authority of the Ministry of Public Security that have been concluded by the Director of the Fire Prevention and Control Police Force or the Provincial Public Security Director but where signs of violation of laws are discovered; re-inspects cases within the state management authority of the Ministry of Public Security that have been concluded by the Chairman of the Provincial People's Committee but where signs of violation of laws are discovered when assigned by the Minister of Public Security."

3. The Provincial Public Security Director issues decisions to inspect state management fields of the Ministry of Public Security according to plans approved by the Minister; decides to conduct surprise inspections of the responsibilities of heads of departments, sector chiefs, and Chairmen of district-level People's Committees under their jurisdiction when necessary or related to multiple sectors, levels, companies, and enterprises within their area; re-inspects cases within the state management authority of the Ministry of Public Security that have been concluded by the Head of the Provincial Public Security Inspection Department or the Chairman of the district-level People's Committee but where signs of violation of laws are discovered.

4. The Director of the Fire Prevention and Control Police Force and the Head of the Provincial Public Security Inspection Department issue decisions to inspect and conduct surprise inspections of state management fields within their authority; the Head of the Provincial Public Security Inspection Department re-inspects cases within their authority that have been concluded by the Chairman of the district-level People's Committee but where signs of violation of laws are discovered when assigned by the Provincial Public Security Director."

11. Clause 1, Clause 2 of Article 38 are amended and supplemented as follows:

"1. Specialized inspections conducted by the Ministry of Public Security and the Fire Prevention and Control Police Force shall not exceed forty-five days; in complex cases, this period may be extended but shall not exceed seventy days.

2. Specialized inspections conducted by the Provincial Public Security Inspection Department shall not exceed thirty days; in complex cases, this period may be extended but shall not exceed forty-five days."

12. Article 54 is amended and supplemented as follows:

"Article 54. Use of seals and accounts of inspection agencies in the Public Security Force

1. The Ministry Inspection Unit, Provincial Public Security Inspection Unit, and Prison Administration, Compulsory Education Institution, and Juvenile Rehabilitation School Inspection Unit shall each have their own seals.

2. The Ministry Inspection Unit and Provincial Public Security Inspection Unit shall have temporary holding accounts at the National Treasury.

3. Agencies performing inspection functions in the Public Security Force that do not fall under the provisions of Clause 1 and Clause 2 of this Article shall use the accounts and seals of the same-level managing agency."

Article 2.

1. Repeal the following provisions: Article 14, Clause 3 of Article 15, Article 18, Article 19, Clause 3 of Article 30.

2. Remove the phrase “Fire Prevention and Control Inspection Department of the Province, Public Security Inspection Department of the District” at Section 3, Chapter II of Decree No. 41/2014/NĐ-CP.

Article 3. Effectiveness and Responsibility for Implementation

1. This Decree takes effect from May 20, 2021.

2. Ministers, Heads of ministerial-level agencies, Heads of central government agencies, Chairmen of provincial-level People's Committees, Heads of agencies and units, and relevant individuals are responsible for implementing this Decree.