Decision No. 2894/2008/QĐ-TTCP On Amending and Supplementing Certain Articles of the Regulation on the Operation of the Inspection Team

Pursuant to …;

Regarding the amendment and supplementation of certain provisions of the Regulation on the operation of Inspection Teams

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GENERAL INSPECTOR

Pursuant to the Law on Inspection No. 22/2004/QH11 dated June 15, 2004;

Pursuant to the Decree No. 41/2005/NĐ-CP dated March 25, 2005 of the Government detailing and guiding the implementation of certain provisions of the Law on Inspection;

Pursuant to Decree No. 65/2008/NĐ-CP dated May 20, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Government Inspectorate;

At the proposal of the Director of the Legal Department.

Pursuant to …;:

Article 1. Amending and supplementing certain provisions of the Regulation on the operation of Inspection Teams issued together with Decision No. 2151/2006/QĐ-TTCP dated November 10, 2006 of the General Inspector as follows:

1. Supplement Article 7a after Article 7 of the Regulation on the operation of Inspection Teams as follows:

"Article 7a. Standards for the Head of the Inspection Team

1. Cadres and civil servants appointed by the General Inspector, Minister, Head of a ministry-level agency, Chief Inspector of a ministry-level agency to serve as the Head of the Inspection Team must be at least Deputy Director level or above or Senior Inspector level or above and must meet the following standards:

a) Possess good moral qualities, sense of responsibility, integrity, honesty, fairness, and objectivity;

b) Understanding of inspection procedures; having the ability to analyze, evaluate, and synthesize issues related to the content and scope of the inspection within the jurisdiction of the sector or locality;

c) Ability to organize and direct members of the Inspection Team to perform assigned inspection tasks.

2. Cadres and civil servants appointed by the Chairman of the People's Committee of provinces and centrally-run cities, Chief Inspector of provinces and centrally-run cities, Directors of Departments, Chief Inspectors of Departments to serve as the Head of the Inspection Team must be at least Deputy Director level of the People's Committee of provinces and centrally-run cities or above or Inspectors with a term of appointment of three years or more and must meet the standards specified in points a, b, and c of Clause 1 of this Article.

3. Cadres and civil servants appointed by the Chairman of the People's Committee of districts, towns, provincial cities, and towns under provinces, Chief Inspector of districts, towns, provincial cities, and towns under provinces to serve as the Head of the Inspection Team must be at least Deputy Director level of the People's Committee of districts, towns, provincial cities, and towns under provinces or above or Inspector level or above and must meet the standards specified in points a, b, and c of Clause 1 of this Article.

2. Article 18 shall be amended and supplemented as follows:

"Article 18. Inspection Team's Logbook

1. The Inspection Team's logbook is a record of the activities of the Inspection Team, the contents related to the activities of the Inspection Team occurring on that day, from the date of the inspection decision to the date when the inspection file is handed over to the competent authority.

2. Every day, the Head of the Inspection Team is responsible for recording the logbook and signing to confirm the recorded content. In case of necessity, the Head of the Inspection Team may delegate the task of recording the logbook to members of the Inspection Team, but the Head of the Inspection Team remains responsible for the recording and confirms the recorded content in the Inspection Team's logbook.

3. The content of the Inspection Team's logbook needs to reflect:

a) Date, month, year; the tasks carried out; the name of the inspected organization, institution, individual or those related and subject to verification;

b) Instructions and directives of the person issuing the inspection decision, the Head of the Inspection Team (if any);

c) Difficulties and obstacles arising during the inspection activities of the inspection team (if any);

d) Other contents related to the activities of the Inspection Team (if any).

4. The Head of the Inspection Team is responsible for managing the Inspection Team's logbook during the inspection process. In case the Inspection Team's logbook is lost or damaged due to objective reasons, the Head of the Inspection Team must report to the person issuing the inspection decision for examination and resolution.

5. Recording the Inspection Team's logbook must ensure accuracy, objectivity, truthfulness, clarity, and fully reflect the work carried out during the inspection process; it must be conducted according to the model prescribed by the General Inspector. The Inspection Team's logbook is kept in the inspection file."

3. Article 24 shall be amended and supplemented as follows:

"Article 24. Drafting the Inspection Conclusion

1. The Head of the Inspection Team is responsible for drafting the Inspection Conclusion and preparing a report on the contents presented in the draft Inspection Conclusion, to be submitted along with the Report on the Results of the Inspection for the person issuing the inspection decision to consider and issue the Inspection Conclusion.

2. In cases where the person issuing the inspection decision sends the draft Inspection Conclusion to the inspected entity and the inspected entity provides a written explanation, the Head of the Inspection Team is responsible for studying and proposing to the person issuing the inspection decision on how to handle the explanations provided by the inspected entity.

3. The draft Inspection Conclusion must include the following main contents:

a) Evaluation of the implementation of policies, laws, and tasks of the inspected entity within the scope of the inspection;

b) Conclusions on the inspection content;

c) Clearly identifying the nature, degree of violation, causes, and responsibilities of organizations, institutions, individuals who have committed violations (if any);

d) Measures taken within the authority already applied; recommendations for measures to be taken."

4. Article 28 shall be amended and supplemented as follows:

"Article 28. Relationship between the Inspection Team and the person issuing the inspection decision: the person assigned to supervise and inspect

1. During the inspection process, the Head of the Inspection Team and members of the Inspection Team must comply with the instructions, supervision, and inspection of the person issuing the inspection decision; implement information and reporting systems according to the requirements of the person issuing the inspection decision. When it is deemed necessary to clarify issues outside the scope of the inspection decision, the Head of the Inspection Team must report to the person issuing the inspection decision for consideration and decision.

2. During the inspection process, the Head of the Inspection Team and members of the Inspection Team must comply with the supervision and inspection of the person issuing the inspection decision or the person assigned by the person issuing the inspection decision to supervise and inspect the activities of the Inspection Team. The supervision and inspection of the person issuing the inspection decision and the person assigned to supervise and inspect are carried out according to the Regulation on Supervision and Inspection of the Activities of the Inspection Team issued together with Decision No. 2861/2008/QĐ-TTCP dated December 22, 2008 of the General Inspector.

3. The person issuing the inspection decision monitors, urges, directs the activities, and promptly handles the recommendations of the Inspection Team; if it is necessary to supplement the inspection content, the person issuing the inspection decision requests the Head of the Inspection Team to provide relevant information and documents to serve the supplementation of the inspection decision. The decision to supplement the inspection content must be in writing and sent to the Head of the Inspection Team, the inspected entity, and other organizations, institutions, and individuals related to the supplementary inspection content."

5. Article 29 is amended and supplemented as follows:

"Article 29. Relations between the Head of the Inspection Team and members of the Inspection Team

1. Members of the Inspection Team shall be responsible for coordinating, supporting, and creating conditions to help each other complete their tasks.

2. Members of the Inspection Team must comply with the directives and management of the Head of the Inspection Team regarding the implementation of assigned tasks. In cases where issues arise that exceed their authority, they shall promptly report to the Head of the Inspection Team and propose measures for resolution.

3. If a member of the Inspection Team has a parent, spouse, sibling, or child who is the subject of inspection, they must report this to the Head of the Inspection Team so that the Head of the Inspection Team can report it to the person issuing the inspection decision for consideration and determination.

6. Article 30 is amended and supplemented as follows:

"Article 30. Relations between the Head of the Inspection Team, members of the Inspection Team, and the Heads of Directly Managing Agencies and Units

1. The Head of the Inspection Team and members of the Inspection Team, who are civil servants under the State Inspection Agency, shall be responsible for reporting to the Heads of directly managing agencies and units about the results of their inspection tasks. The Heads of directly managing agencies and units shall be responsible for creating favorable conditions for the Head of the Inspection Team and members of the Inspection Team to complete their assigned tasks.

2. The Heads of directly managing agencies and units shall be responsible for supervising and inspecting civil servants participating in the Inspection Team in the performance of their assigned inspection tasks. The supervision of the Heads of directly managing agencies and units over civil servants participating in the Inspection Team shall be carried out in accordance with the Supervision and Inspection Regulation of the Inspection Team issued together with Decision No. 2861/2008/QĐ-TTCP dated December 22, 2008 of the General Inspector.

2. In cases where the Head of the State Management Agency is the person issuing the inspection decision, the Heads of the State Inspection Agency and the units directly managing the Head of the Inspection Team shall monitor, urge, and inspect the activities of the Inspection Team to ensure compliance with the approved inspection plan; participate in reviewing draft reports and draft conclusions before submitting them to the person issuing the inspection decision."

Article 2.

The Minister, Heads of Ministries equivalent to ministries, Chairpersons of People's Committees of provinces and centrally governed cities, and Heads of state agencies concerned; Inspectors at all levels and sectors; Heads of departments, bureaus, and units under the Government Inspectorate shall be responsible for implementing this Decision. Any issues requiring amendments or supplements during implementation shall be reported to the General Inspector for consideration and decision.

Article 3. This Decision shall take effect fifteen days from the date of publication in the Official Gazette.