Circular No. 29/2019/TT-BCA on the implementation of inspection conclusions in the People's Public Security

CIRCULAR

Regulations on the Implementation of Inspection Conclusions in the People's Public Security

Based on the Inspection Law dated November 15, 2010;

Pursuant to Decree No. 33/2015/NĐ-CP dated March 27, 2015 of the Government on the implementation of inspection conclusions;

Pursuant to Decree No. 01/2018/NĐ-CP dated August 6, 2018 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

At the proposal of the Inspector General of the Ministry of Public Security;

The Minister of Public Security promulgates this Circular on the implementation of inspection conclusions in the People's Public Security.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the responsibilities of Heads, inspected entities, agencies, units, and individuals related to the implementation of inspection conclusions issued by Heads with authority in the People's Public Security and activities of monitoring, urging, and inspecting the implementation of such conclusions.

Article 2. Prohibited Acts

1. Neglecting responsibility in directing and assigning agencies, units, and individuals to fully implement all obligations determined in the inspection conclusion, requests, recommendations, and decisions on handling inspections.

2. Not implementing measures within their authority to ensure that subordinate agencies, units, and individuals strictly, fully, and promptly implement the inspection conclusion, directive documents, requests, recommendations, and decisions on handling inspections.

3. Not implementing or not fully and promptly implementing the obligations and responsibilities clearly defined in the inspection conclusion, directive documents, requests, recommendations, and decisions on handling inspections.

4. Reporting inaccurately the results of implementing the inspection conclusion, directive documents, requests, recommendations, and decisions on handling inspections; opposing, obstructing, or engaging in actions aimed at countering monitoring, urging, and inspecting the implementation of such conclusions and documents.

5. Not monitoring, urging, and inspecting the implementation of the inspection conclusion, directive documents, requests, recommendations, and decisions on handling inspections as prescribed in Article 8 of this Circular.

6. Misusing positions and powers in monitoring, urging, and inspecting the implementation of the inspection conclusion, directive documents, requests, recommendations, and decisions on handling inspections to violate laws, harass, cause difficulties, or inconvenience the monitored entities.

7. Not issuing decisions or recommendations for handling violations discovered during the implementation of the inspection conclusion, directive documents, requests, recommendations, and decisions on handling inspections when such violations require action.

Article 3. Explanation of Terms

1. The agency issuing the inspection conclusion is the agency performing inspection functions in the People's Public Security as prescribed by the Government regarding the organization and operation of public security inspections.

2. The subject of monitoring, urging, and inspecting is the inspected entity; the directly managing agency or unit of the inspected entity; and agencies, units, and individuals responsible for or related to the implementation of the inspection conclusion in the People's Public Security.

Chapter II

RESPONSIBILITIES OF AGENCIES, UNITS, AND INDIVIDUALS IN IMPLEMENTING INSPECTION CONCLUSIONS

Article 4. Responsibilities of the Head of the Same Level Public Security Agency with the Issuing Agency of the Inspection Conclusion

1. Within fifteen days from the date of receipt of the inspection conclusion, the Head of the Same Level Public Security Agency with the issuing agency of the inspection conclusion shall issue a directive document on the implementation of the inspection conclusion, administrative and economic penalties, rectification of management weaknesses, improvement of policies, and perfection of normative legal documents as prescribed in Articles 4, 5, and 7 of Decree No. 33/2015/NĐ-CP dated March 27, 2015 of the Government on the implementation of inspection conclusions (hereinafter referred to as Decree No. 33/2015/NĐ-CP).

2. Based on the regulations of the Minister of Public Security on the division of responsibilities and levels in personnel management, the Head of the Same Level Public Security Agency with the issuing agency of the inspection conclusion shall be responsible for:

a) Directing the organization of self-criticism and clearly identifying the responsibility of collectives and individuals who have committed violations;

b) Disciplining public security officers under direct management who have committed violations;

c) Requesting agencies, units, and individuals under management to discipline public security officers under their management who have committed violations;

d) Recommending agencies, units, and individuals with authority to discipline civil servants and officials, and handle persons who have violated laws under their management.

3. Directing the monitoring, urging, and inspecting of the timely handling of the results of monitoring, urging, and inspecting the implementation of the inspection conclusion in accordance with the law and regulations of the Ministry of Public Security.

Article 5. Responsibilities of the Head of the Issuing Authority for Inspection Conclusions

1. Within fifteen days from the date of issuance of the inspection conclusion or from the date of receipt of the directive on the implementation of the inspection conclusion, the Head of the issuing authority for the inspection conclusion shall be responsible for:

a) Considering disciplinary measures against police officers who have committed violations within their direct management; applying measures as stipulated in points a and c, Clause 1, Article 8 of Decree No. 33/2015/NĐ-CP;

b) Requesting and recommending that the inspected entity, agencies, units, and individuals related to the inspection implement measures as stipulated in point b, Clause 1, Article 8 of Decree No. 33/2015/NĐ-CP;

c) Organizing the monitoring, urging, and inspecting of the inspected entity, agencies, units, and individuals related to the People's Public Security in implementing the inspection conclusion and promptly handling the results of monitoring, urging, and inspecting according to Chapter III of this Circular.

2. The Ministry of Public Security Inspectorate shall be responsible for taking the lead, coordinating with relevant agencies and units, advising the Minister of Public Security to decide, request, recommend, and organize the monitoring, urging, and inspecting of the implementation of inspection conclusions issued by the Minister of Public Security according to Clause 1 of this Article.

Article 6. Responsibilities of the Inspected Entity and Agencies, Units, and Individuals Related to the People's Public Security

1. After receiving the inspection conclusion, directive, request, recommendation, and decision on administrative and economic violations, the Heads of the inspected agencies and units, and the Heads of related agencies and units in the People's Public Security shall be responsible for organizing the implementation according to Article 10 of Decree No. 33/2015/NĐ-CP.

2. The Heads of the inspected agencies and units, and the Heads of related agencies and units in the People's Public Security shall be responsible for implementing the inspection conclusion, directive, request, recommendation, and decision on administrative and economic violations; disciplining or recommending competent authorities to discipline police officers who have committed violations; rectifying weaknesses and deficiencies in management, and perfecting policies and laws according to Articles 11, 12, and 13 of Decree No. 33/2015/NĐ-CP.

3. The inspected entities, agencies, units, and individuals related to the People's Public Security shall be responsible for reporting on the implementation of the inspection conclusion, directive, request, recommendation, and decision on administrative and economic violations according to Article 14 of Decree No. 33/2015/NĐ-CP.

4. The inspected entities, agencies, units, and individuals related to the People's Public Security shall be responsible for reporting the results of implementing the inspection conclusion, directive, request, recommendation, and decision on administrative and economic violations issued by the Minister of Public Security to the Ministry of Public Security Inspectorate for consolidation and reporting to the Minister.

Article 7. Responsibilities of the Directly Managing Head of the Inspected Entity

1. Within fifteen days from the date of receipt of the inspection conclusion, directive, request, recommendation, and decision on administrative and economic violations, within the scope of their duties and powers, the Directly Managing Head of the Inspected Entity shall be responsible for implementing and directing, inspecting the implementation of the inspection conclusion, directive, request, recommendation, and decision on administrative and economic violations, and handling violations of the inspected entity according to Articles 15 and 16 of Decree No. 33/2015/NĐ-CP.

2. The Ministry of Public Security Inspectorate shall be responsible for assisting the Minister of Public Security in implementing and directing, inspecting the implementation of the inspection conclusion, and handling violations of the inspected entity.

Chapter III

MONITORING, URGING, AND INSPECTING THE IMPLEMENTATION OF INSPECTION CONCLUSIONS

Article 8. Responsibilities of inspection agencies within the People's Public Security

1. Inspection agencies at all levels within the People's Public Security have the responsibility to assist the heads of the Public Security at the same level in applying measures within their authority to monitor, urge, inspect agencies, units, and individuals under their management in implementing the inspection conclusions and decisions on handling inspections issued by the inspection agency or by the head of the Public Security at a higher level.

2. Inspection agencies at all levels within the People's Public Security have the responsibility to monitor, urge, and inspect the implementation of inspection conclusions and decisions on handling inspections issued by themselves or by the head of the Public Security at the same level.

3. The Ministry of Public Security's inspection agency has the responsibility to assist the Minister of Public Security in directing and organizing the implementation of monitoring, urging, inspecting, and promptly handling the results of monitoring, urging, and inspecting the implementation of inspection conclusions in accordance with the provisions of the law.

Article 9. Procedures for Monitoring

1. Within fifteen days from the date of publication or from the date of sending the inspection conclusion, the officer assigned the task of monitoring is responsible for collecting information related to the implementation of the inspection conclusion as stipulated in Clause 1, Article 22 of Decree No. 33/2015/NĐ-CP.

2. The monitoring activity is conducted through sending a written request for a report or directly working with the monitored entity to determine information about the implementation of the inspection conclusion, requests, recommendations, and decisions on handling inspections.

a) At the latest five working days from the date of being assigned the monitoring task, the officer assigned the monitoring task is responsible for proposing a document to be submitted to the head of the inspection agency to request the monitored entity to report and provide evidence materials regarding the implementation of the inspection conclusion, requests, recommendations, and decisions on handling inspections.

b) Based on each specific case, the officer assigned the monitoring task is responsible for proposing to the head of the inspection agency to assign someone to work directly with the monitored entity to determine information about the implementation of the inspection conclusion, requests, recommendations, and decisions on handling inspections. The content of the work with the monitored entity is recorded in a protocol according to the model prescribed by the Minister of Public Security.

3. Within forty-five days from the date of publication or from the date of sending the inspection conclusion, the officer assigned the monitoring task is responsible for reporting the monitoring results to the head of the inspection agency as stipulated in Clause 3, Article 22 of Decree No. 33/2015/NĐ-CP. In cases where the inspection conclusion, requests, recommendations, and decisions on handling inspections specify an earlier implementation deadline, the reporting of the monitoring results will be carried out according to that deadline.

4. The head of the inspection agency is responsible for handling the monitoring results as stipulated in Clause 4, Article 22 of Decree No. 33/2015/NĐ-CP.

Article 10. Procedures for Urging

1. The method of urging the implementation of inspection conclusions, requests, recommendations, and decisions on handling inspections is carried out in accordance with the provisions of Clause 1, Article 23 of Decree No. 33/2015/NĐ-CP. The content of the work with the urged entity is recorded in a protocol according to the model prescribed by the Minister of Public Security.

2. Within twenty-five days from the date of deciding to carry out urging, the officer assigned the urging task is responsible for reporting the urging results to the head of the inspection agency as stipulated in Clause 2, Article 23 of Decree No. 33/2015/NĐ-CP.

3. The head of the inspection agency is responsible for handling the urging results as stipulated in Clause 3, Article 23 of Decree No. 33/2015/NĐ-CP.

Article 11. Procedures and formalities for inspection

1. Inspection activities shall only be carried out when there is an inspection decision issued by the head of the competent supervisory agency. The inspection decision shall be made according to the model prescribed by the Minister of Public Security. The basis for issuing the inspection decision shall be implemented in accordance with Clause 1, Article 24 of Decree No. 33/2015/NĐ-CP.

2. The head of the supervisory agency assigns officers under their management to conduct inspections. When necessary, the head of the supervisory agency may establish an Inspection Team or an Inspection Group. The assignment of officers for inspection, establishment of an Inspection Team or an Inspection Group must be clearly recorded in the inspection decision.

Sending the inspection decision shall be carried out in accordance with Clause 2, Article 24 of Decree No. 33/2015/NĐ-CP. Officers assigned the task of inspection, the Head of the Inspection Team, and the Head of the Inspection Group (hereinafter referred to collectively as officers assigned the task of inspection) are responsible for drafting an inspection plan to be approved by the head of the supervisory agency and organizing its implementation.

3. The deadline for inspecting the implementation of the supervisory conclusion shall be carried out in accordance with Clause 3, Article 24 of Decree No. 33/2015/NĐ-CP.

4. During the inspection process, officers assigned the task of inspection are responsible for collecting information and documents related to the inspection contents to verify them thoroughly. The inspection contents shall be recorded in a record according to the model prescribed by the Minister of Public Security. After completing the inspection, officers assigned the task of inspection are responsible for reporting the inspection results to the head of the supervisory agency in accordance with Clause 4, Article 24 of Decree No. 33/2015/NĐ-CP.

5. Based on the inspection results, the head of the supervisory agency is responsible for applying measures according to their authority or recommending competent agencies or heads of public security authorities with authority to apply measures as stipulated in Clause 5, Article 24 of Decree No. 33/2015/NĐ-CP, disciplining public security officers who violate regulations, and perfecting policies and normative legal documents.

Article 12. Notification of the results of monitoring, urging, and inspection

The head of the supervisory agency must notify in writing the results and the handling of the results of monitoring, urging, and inspecting the implementation of supervisory conclusions, recommendations, and decisions on supervision to the monitored, urged, and inspected entities.

Article 13. Publicizing the results of monitoring, urging, and inspection

1. Publicizing the results of monitoring, urging, and inspecting the implementation of supervisory conclusions, requests, recommendations, and decisions on supervision shall be done through one of the following forms:

a) Announcing at a meeting of the entity being monitored, urged, and inspected;

b) Posting at the office premises or place where citizens are received by the supervisory agency that has conducted monitoring, urging, and inspection of the implementation of supervisory conclusions, requests, recommendations, and decisions on supervision; the posting period must be at least five days;

c) Notifying through one of the mass media;

d) In cases where the supervisory agency has an electronic portal or website, they must publicize the notification on their electronic portal or website.

2. Forms of publicizing as provided in points b, c, and d of Clause 1 of this Article shall not be applied to supervisory conclusions, requests, recommendations, and decisions on supervision containing contents listed in the State Secrets Catalogue or other provisions of the Minister of Public Security.

Article 14. Establishment and management of files for monitoring, urging, and inspection

1. Officers assigned the task of monitoring, urging, and inspecting are responsible for establishing files according to the following procedures:

a) Establishing the file within 15 days from the date the inspection conclusion is published or sent to the inspected entity;

b) Collecting information and documents related to the implementation of inspection conclusions, requests, recommendations, and decisions on handling inspections;

c) Completing the file after the head of the inspection agency issues a written notice to terminate monitoring, urging, and inspection.

2. Information and documents collected during the monitoring, urging, and inspection process must be strictly managed in accordance with regulations and only provided or disclosed upon permission from the head of the supervisory agency.

3. After completing the monitoring, urging, and inspection, documents related to the implementation of supervisory conclusions, requests, recommendations, and decisions on supervision must be compiled and supplemented into the supervisory file and stored in accordance with the regulations of the Minister of Public Security on supervisory file work.

Chapter IV

IMPLEMENTING PROVISIONS

Article 15. Handling Violations

Public security officers who violate regulations in implementing supervisory conclusions, requests, recommendations, and decisions on supervision as prescribed in this Circular, depending on the nature and degree of violation, shall be handled in accordance with the law and regulations of the Minister of Public Security.

Article 16. Effective Date

1. This Circular takes effect from October 15, 2019.

2. When the provisions cited in this Circular are amended, supplemented, or replaced, the cited content shall also be adjusted and implemented according to the amended, supplemented, or replaced regulations.

Article 17. Responsibility for Implementation

1. The Chief Inspector of the Ministry of Public Security is responsible for monitoring, guiding, urging, and inspecting the implementation of this Circular.

2. Heads of subordinate units of the Ministry; Provincial Police Chiefs, Municipal Police Chiefs directly under the Central Government are responsible for implementing this Circular.

During the implementation of this Circular, if there are any difficulties, police units and localities shall report to the Ministry of Public Security (through the Ministry's Inspectorate) for timely guidance./.