Decree No. 26/2006/NĐ-CP on the organization and operation of National Defense Inspection

DECREE

On the organization and operation of Defense Inspection

____________________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Based on the Law on Officers of the Vietnam People's Army dated December 21, 1999;

Based on the Inspection Law dated June 15, 2004;

Considering the proposal of the Minister of National Defense.

DECREE

PART I

GENERAL PROVISIONS

Article 1. Position and functions of Defense Inspection

Defense Inspection is a state inspection organized as a system within the military, having the function of administrative inspection and specialized inspection within the scope of state management over national defense.

Article 2. Objects of Defense Inspection

1. Agencies, units, and individuals under the management of the Ministry of National Defense.

2. Organizations and individuals of Vietnam implementing national defense laws and performing national defense tasks.

3. Foreign organizations and individuals in Vietnam engaging in activities related to Vietnam’s national defense laws. In cases where international treaties to which Vietnam is a party provide otherwise, such provisions shall apply.

Article 3. Content of Defense Inspection Activities

1. Inspecting the implementation of state policies, laws, tasks, and plans regarding national defense for agencies, organizations, and individuals under the management authority of the Ministry of National Defense.

2. Inspecting the implementation of state policies and laws, compliance with tasks, orders, directives, and decisions of commanders for agencies and units under the command of the same-level commander.

3. Advising and assisting the same-level commander in organizing, managing, and implementing the resolution of complaints and petitions according to the law on complaints and petitions; public reception work, prevention, and struggle against corruption according to the law and regulations of the Ministry of National Defense.

4. Recommending that commanders at all levels suspend enforcement or revoke regulations issued by units that contravene legal documents on inspection work.

5. Implementing administrative penalties in the field of national defense according to the law.

Article 4. Principles of Defense Inspection Activities

1. Defense Inspection activities must comply with state laws, Regulations, Rules, and regulations of the military.

2. Defense Inspection activities must ensure accuracy, objectivity, honesty, timeliness, transparency, democracy, and not hinder the normal operations of inspected agencies, organizations, and individuals.

Article 5. Relationships of Defense Inspection

1. The Defense Inspection Department of the Ministry of National Defense is subject to the leadership of the Central Military Commission Party Committee, the command and management of the Minister of National Defense, and the guidance on business by the Government Inspectorate.

2. Defense Inspections at various levels are subject to the leadership of the Party Committees, the command and management of the same-level commanders, and unified guidance on business by the Defense Inspection Department of the Ministry of National Defense.

3. The relationship between Defense Inspection agencies at various levels and inspection agencies of ministries, sectors, and localities is a cooperative relationship in carrying out inspection tasks within the scope of the Ministry of National Defense's state management.

Article 6. Inspection Activities in Agencies and Units Without a Defense Inspection Agency

1. Military agencies and units from brigade level and equivalent upwards without a Defense Inspection agency shall have the Commanding Officer responsible and utilize subordinate officers to concurrently perform some inspection duties within the unit.

2. Public service agencies and state-owned enterprises in the military shall organize a People's Inspection Board under the responsibility of the grassroots Trade Union Committee to direct activities according to the law on inspection.

Chapter II

ORGANIZATION, TASKS, AND LIMITATIONS OF DEFENSE INSPECTION

Article 7. The Defense Inspection System

1. The agencies within the Defense Inspection System include:

a) The Ministry of National Defense Inspection;

b) Provincial-level Defense Inspections (hereinafter referred to collectively as Provincial Defense Inspections);

c) Military Region Defense Inspections;

d) General Staff Inspection; Political Bureau Inspection and various Departments;

đ) Service Branch Inspection;

e) Border Guard Inspection;

g) Corps, Armies, and equivalent units Inspection.

2. The specific organization, staffing, and equipment of Defense Inspections at all levels shall be prescribed by the Minister of National Defense.

3. The appointment, removal, and dismissal of Chief Inspectors, Deputy Chief Inspectors, and other positions within Defense Inspections at all levels shall be carried out in accordance with the Officer Law of the Vietnam People's Army, the Inspection Law, and other relevant laws.

4. Each level of the Defense Inspection agency shall have its own seal as prescribed by law.

Article 8. Ministry of National Defense Inspection

1. The Ministry of National Defense Inspection is an agency under the Ministry of National Defense, assisting the Minister of National Defense in state management of inspection work, performing administrative and specialized inspection tasks within the scope of state management of the Ministry of National Defense; managing and directing specialized inspection organizations under the Ministry of National Defense.

2. The Ministry of National Defense Inspection has a Chief Inspector, Deputy Chief Inspector, and Inspectors.

3. The Ministry of National Defense Inspection has a separate account.

Article 9. Tasks and Authorities of the Ministry of National Defense Inspection

1. Inspecting the implementation of defense policies, laws, state tasks, and plans regarding national defense, and implementing directives, resolutions of the Central Military Commission Party Committee, orders, directives, and decisions of the Minister of National Defense for agencies and units under the Ministry of National Defense.

2. Conducting inspections or coordinating with Inspections of other Ministries, sectors, and localities to inspect compliance with specialized laws and implementation of state policies, tasks, and plans on national defense within the scope of state management of the Ministry of National Defense for agencies, organizations, and individuals. Inspecting compliance with Vietnamese national defense laws by foreign organizations and individuals involved in activities related to Vietnamese national defense laws.

3. Inspecting compliance with laws on complaints and denunciations by agencies and units throughout the military. Performing tasks to resolve complaints and denunciations, receiving citizens, and inspecting other cases assigned by the Minister of National Defense according to their authority.

4. Advising the Minister of National Defense on the resolution of complaints and denunciations in accordance with the law on complaints and denunciations; citizen reception work, prevention, and struggle against corruption as prescribed by law. Summarizing and reporting results on inspection work, complaint and denunciation resolution, and anti-corruption efforts within the scope of state management of the Ministry of National Defense.

5. Impose administrative penalties in accordance with the law on handling administrative violations.

6. Guiding, supervising commanders of agencies and units under the Ministry of National Defense in implementing legal regulations and Ministry of National Defense provisions on national defense inspection work and complaint and denunciation resolution according to their authority. Directing, guiding, managing, supervising, providing information, and training inspection business for national defense inspection officers at all levels; participating in managing and using inspection officers in agencies and units under the Ministry of National Defense.

7. Conducting scientific research, summarizing, and compiling professional materials on national defense inspection.

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

Article 10. Duties and Authorities of the Inspector General of the Ministry of National Defense

1. Managing and directing inspection work within the scope of state management of the Ministry of National Defense.

2. Developing inspection programs and plans to submit to the Minister of National Defense for approval and organizing their implementation. Submitting to the Minister of National Defense for issuance of inspection decisions when signs of law violations are detected.

3. Requesting competent agencies and units under the Ministry of National Defense to provide information and materials related to defense inspections, and dispatching personnel to participate in inspection teams.

4. Directing commanders of subordinate agencies and units to organize inspections of cases within their responsibility; reviewing issues that the Inspector General disagrees with the commander at the same level. If the above request is not implemented or if the Inspector General still has disagreements, report to the Minister of National Defense for consideration and decision.

5. Recommending the Minister of National Defense to temporarily suspend the execution of incorrect inspection decisions made by agencies and units directly managed by the Ministry of National Defense; advising the Minister of National Defense on handling complaints and denunciations according to the law on complaints and denunciations; receiving citizens and examining the responsibility and handling individuals who violate laws under the management of the Ministry of National Defense.

6. Deciding or recommending the competent authority to decide on temporarily suspending disciplinary actions or job transfers of commanders of agencies and units under the Ministry of National Defense who are cooperating with inspection organizations or are subjects of inspection, if it is deemed that executing such decisions would hinder the inspection process.

7. Administering administrative penalties in the field of national defense according to the law on handling administrative violations.

8. Deciding or recommending the Minister of National Defense to issue warnings or temporary suspension from work for military personnel and defense civil servants in agencies and units under the Ministry of National Defense who intentionally obstruct inspections or fail to comply with inspection requirements and decisions as stipulated by law.

9. Participating in discussions with leaders and commanders of subordinate units regarding the unified management of defense inspectors and the arrangement, utilization, appointment, dismissal, and removal of Inspector Generals and Deputy Inspector Generals at the same level before submitting to the competent authority for decision.

10. Managing, directing, and organizing the Inspectorate of the Ministry of National Defense to perform duties and authorities specified in Article 9 of this Decree and performing other duties and authorities according to the law on inspections, the Regulations on Military Unit Management of the Vietnam People's Army, and other relevant legal documents.

Article 11. Provincial Defense Inspections

1. Provincial defense inspections are subordinate to provincial military commands, assisting the Provincial Military Commanders in performing administrative inspection and specialized inspection duties within the scope of provincial state management over the defense sector. Directing and managing inspection work for agencies and units under the provincial military command.

2. A provincial defense inspection consists of an Inspector General, Deputy Inspector General, and Inspectors.

Article 12. Tasks and Authorities of Provincial Defense Inspectorate

1. Coordinate with the provincial inspectorate to organize inspections of departments, agencies, sectors, districts, towns, cities, and individuals implementing policies, laws, state tasks, and plans on national defense and resolving issues related to defense work within the province.

2. Inspect the implementation of policies, laws, state tasks, and plans on national defense and military tasks for agencies and units under the provincial command.

3. Inspect compliance with laws on complaints and denunciations as stipulated by the laws on complaints and denunciations and perform tasks to resolve complaints and denunciations according to the authority prescribed by law for agencies and units under the provincial command.

4. Inspect other cases assigned by the Provincial Commandant.

5. Advise and organize the implementation to assist the Provincial Commandant in managing complaint and denunciation resolution work, citizen reception work, and the implementation of tasks to prevent and combat corruption as prescribed by law and the Ministry of National Defense.

6. Guide the inspection of the implementation of regulations on inspection work, complaint and denunciation resolution for commanders of agencies and units under the provincial command. Temporarily suspend decisions that are incorrect made by commanders of agencies and units under the provincial command regarding inspection work, while recommending the Provincial Commandant to resolve them; inspect, urge, monitor, and report on the implementation of conclusions, requests, and decisions from higher-level defense inspections and provincial state inspections conducted at units under the provincial command's management.

7. Recommend the Provincial Commandant to resolve issues related to inspections; in case the recommendation is not accepted, retain the right to report to the Chief of the Defense Inspectorate of the Military Region for consideration and resolution.

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

Article 13. Tasks and Authorities of the Chief of Provincial Defense Inspectorate

1. Request functional agencies and subordinate units under the provincial command to provide information, necessary materials related to inspection work, and assign personnel to join inspection teams.

2. Assist the Provincial Commandant in drafting annual plans to implement policies and laws; state tasks and plans on national defense for departments, agencies, sectors, districts, towns, cities, and individuals within the province, submit to the Chairman of the Provincial People's Committee for approval.

3. Decide or propose the competent authority to decide on temporarily suspending the execution of disciplinary decisions and job transfers of military personnel and defense civil servants in agencies and units under the provincial command's jurisdiction if such actions hinder the inspection process.

4. Decide or propose the Provincial Commandant to decide on warning or temporarily suspending the work of military personnel and defense civil servants under the provincial command's management who obstruct inspections or fail to comply with inspection requirements and decisions.

5. Decide on administrative penalties in the field of national defense as prescribed by law.

6. Direct the Provincial Defense Inspectorate to carry out the tasks and authorities stipulated in Article 12 of this Decree and perform other tasks and authorities as prescribed by law.

Article 14. Tasks and powers of the Defense Inspection agencies of Military Regions; General Staff Department; Political General Department and various General Departments; Military Services; Border Guard Force; Corps; Arms Forces and equivalent entities.

The functions, tasks, and powers of the Defense Inspection agencies of Military Regions; General Staff Department; Political General Department and various General Departments; Military Services; Border Guard Force; Corps; Arms Forces and equivalent entities shall be prescribed by the Minister of National Defense.

Chapter III

INSPECTORS AND ASSISTANT INSPECTORS OF NATIONAL DEFENSE INSPECTION

Article 15. Defense Inspectors and Collaborators in Defense Inspection

1. A defense inspector is an officer of the Vietnam People's Army, holding a command position and having the corresponding professional qualifications for the assigned inspection tasks, appointed to the Inspector rank to perform inspection duties. A defense inspector who meets the criteria set forth by law shall be appointed and issued an Inspector card.

2. In the course of inspection activities, when necessary, the Defense Inspection agencies at all levels may summon persons with relevant expertise and vocational skills suitable for the inspection tasks to serve as collaborators.

Article 16. Responsibilities of Defense Inspectors and Collaborators in Defense Inspection

1. When performing their duties, Defense Inspectors and Collaborators in Defense Inspection must comply with the law, bear responsibility before the law and the direct management commander regarding the inspection tasks.

2. If Defense Inspectors and Collaborators in Defense Inspection commit acts that violate the law, they will be subject to disciplinary action or criminal prosecution depending on the nature and severity of the violation; if damage is caused, they must compensate or make restitution according to the provisions of the law.

Article 17. Benefits of Defense Inspectors and Collaborators in Defense Inspection

1. Defense Inspectors and staff within the Defense Inspection sector wear uniforms according to the regulations stipulated for the Vietnam People's Army. In addition to the standards set by the military, defense inspectors enjoy common benefits like those of state inspectors, and are eligible for bonuses during inspection activities according to general government regulations.

2. Standards and incentive policies for Collaborators in Defense Inspection are implemented according to general government regulations.

Chapter IV

DEFENSE INSPECTION ACTIVITIES

Article 18. Forms and Time Limits for Inspection

1. Forms of inspection:

a) Inspection according to a program or plan that has been approved.

b) Surprise inspections when signs of law violations are detected by agencies, units, or individuals, when assigned by a commander of the same level, and when carrying out tasks to resolve complaints and denunciations as prescribed by law.

2. Time limits for inspection:

a) Administrative inspections conducted by the Ministry's Inspectorate, Military Region Inspectorate, General Department Inspectorate, Military Service Inspectorate, and Border Guard Force Inspectorate shall not exceed forty-five days; in complex cases, it may be extended but not more than seventy days.

b) Administrative inspections conducted by other-level Inspectorates shall not exceed thirty days; in complex cases, it may be extended but not more than forty-five days.

c) Specialized inspections conducted by Inspectorates at all levels shall not exceed thirty days; in necessary cases, it may be extended but the extension period shall not exceed thirty days.

Article 19. Authority to approve plans and issue inspection decisions

1. Commanders at all levels shall be responsible for approving the annual inspection program and plan submitted by the Inspector General at the same level, no later than December 31 of the previous year.

2. The Inspector General at the same level shall issue inspection decisions and establish inspection teams to implement such inspection decisions. When deemed necessary, the commander at the same level may issue inspection decisions and establish inspection teams.

3. Issuing an inspection decision must be based on one of the following grounds:

a) Within the approved inspection program and plan by the competent authority.

b) Upon request from the commander at the same level.

c) When signs of violation of laws are detected, the Inspector General shall recommend that the commander at the same level issue an inspection decision.

Article 20. Duties and powers of the person issuing the inspection decision

1. When performing duties, the person issuing the inspection decision shall be responsible under the law for all their decisions. During the inspection process, the person issuing the inspection decision must direct and supervise all activities of the inspection team and inspectors assigned tasks.

2. Conclude or authorize the Head of the Inspection Team to conclude with the inspected entity regarding the content of the inspection.

3. Decide on handling within their authority or recommend that those with authority handle according to the provisions of the law.

4. Resolve complaints and reports related to the responsibility of the Head of the Inspection Team and other members of the Inspection Team.

5. Perform other duties and powers as prescribed by law on inspections.

Article 21. Duties and powers of the Head of the Inspection Team and Inspectors when performing tasks

1. When performing inspection tasks, the Head of the Inspection Team and Defense Inspectors shall be responsible under the law for all their decisions.

2. Recommend that the person issuing the inspection decision apply measures within their authority to ensure the implementation of the Inspection Team's tasks.

3. Report to the person issuing the inspection decision on the results of the inspection, propose post-inspection handling, and bear responsibility for the accuracy, truthfulness, and objectivity of the report.

4. Conclude the inspection when authorized by the person issuing the inspection decision.

5. Perform other duties and powers as prescribed by law on inspections.

Article 22. Responsibilities for coordination and cooperation of localities, agencies, and units in defense inspection activities when performing tasks

1. Commanders at all levels in the Military and heads of agencies and organizations where the inspection takes place shall be responsible for closely coordinating with the inspection organization and Inspection Teams to properly organize the inspection tasks as prescribed by law.

2. Defense Inspection Agencies shall be responsible for leading and coordinating with functional agencies at the same level and State Inspection Agencies at various levels to perform inspection tasks, other tasks, and resolve issues related to defense inspection activities.

3. Within their scope of responsibility, military agencies and units, localities, agencies, organizations, and individuals must comply with the requirements of the inspection organization and Defense Inspectors related to defense inspection activities as prescribed by law.

Article 23. Responsibility for Implementing Inspection Conclusions and Recommendations

1. Inspection conclusions, recommendations, and decisions on handling must clearly state the content, time frame, implementing entities, and be publicly announced to the inspected entity and related agencies and units.

2. Commanders of agencies and units, relevant individuals, and inspected entities must implement inspection conclusions, recommendations, and post-inspection handling decisions in accordance with the law.

Article 24. Ensuring Inspection Activities

1. The defense inspection activity funding is included in the annual state budget estimate published by the Ministry of National Defense.

2. Ensuring material and means to serve the organization and operation of defense inspections at all levels shall be the responsibility of the commanders at the same level as stipulated by the Minister of National Defense.

Article 25. Handling Violations in Inspection Activities

Any person obstructing, offering bribes, retaliating against those performing inspection duties, making false accusations, violating laws on inspections; any person abusing their position or authority in inspections, or acting out of personal motives or due to lack of responsibility, leading to incorrect handling of violations or conclusions that infringe upon the legitimate rights and interests of organizations or individuals shall be subject to disciplinary action, administrative penalties, and if damage is caused, they must compensate or be held criminally responsible according to the law, depending on the nature and severity of the violation.

Chapter V

IMPLEMENTING PROVISIONS

Article 26. Effective date

This Decree takes effect fifteen days from the date of publication in the Official Gazette. Previous provisions contrary to this Decree are abolished.

Article 27. Guidance and Responsibility for Implementation

1. The Minister of National Defense shall be responsible for guiding the enforcement of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the central government shall be responsible for enforcing this Decree./.