Decree No. 36/2006/NĐ-CP On the Organization and Operation of Population, Family and Children Inspectorate

 

DECREE

On the organization and operation of Population, Family, and Child Inspection

_______________________________

THE GOVERNMENT

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

Pursuant to the Marriage and Family Law dated June 9, 2000; the Law on Protection, Care, and Education of Children dated June 15, 2004; the Population Ordinance dated January 9, 2003;

Pursuant to the Inspection Law dated June 15, 2004;

Pursuant to the Administrative Violation Handling Ordinance dated July 2, 2002;

Considering the proposal of the Minister in charge of the Committee for Population, Family, and Children,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Position and functions of Population, Family, and Child Inspection

Population, Family, and Child Inspection shall be organized according to administrative levels, at the central level there is the Population, Family, and Child Inspection under the Committee for Population, Family, and Children; at the provincial level, there is the Population, Family, and Child Inspection under the Provincial Committee for Population, Family, and Children; performing administrative inspection and specialized inspection within the scope of state management over population, family, and children as prescribed by law.

Article 2. Objects of Population, Family, and Child Inspection

1. Organizations and individuals directly under the management of state agencies responsible for population, family, and children.

2. Agencies, organizations, and individuals of Vietnam and foreign organizations and individuals in Vietnam participating in activities related to population, family, and child work in Vietnam. In cases where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions from those stipulated in this Decree, the provisions of such international treaties shall apply.

Article 3. Principles of Operation of Population, Family, and Child Inspection

1. The operation of Population, Family, and Child Inspection must comply with the law, ensuring accuracy, objectivity, truthfulness, transparency, democracy, and timeliness; not hindering the normal operations of inspected agencies, organizations, and individuals.

2. When conducting inspections, the person issuing the inspection decision, the head of the inspection agency, the head of the inspection team, the inspector, and other members of the inspection team must comply with the regulations on inspection as prescribed by law and the provisions of this Decree; they must bear responsibility before the law for their actions and decisions.

Chapter II

ORGANIZATION, TASKS, AND LIMITS OF POPULATION, FAMILY, AND CHILD INSPECTION

Article 4. Population, Family, and Child Inspection Organizations

1. Population, Family, and Child Inspection Organizations include:

a) At the central level, there is the Population, Family, and Child Inspection under the Committee for Population, Family, and Children (hereinafter referred to as Central Committee Inspection);

b) At the provincial level, there is the Population, Family, and Child Inspection under the Provincial Committee for Population, Family, and Children (hereinafter referred to as Provincial Committee Inspection).

2. The Population, Family, and Child Inspection Organizations specified in Clause 1 of this Article shall have separate seals and accounts.

Article 5. Central Committee Inspection

1. The Central Committee Inspection is an organization under the Committee for Population, Family, and Children, having the function of advising and assisting the Minister in charge of the Committee for Population, Family, and Children in managing state affairs regarding Population, Family, and Child Inspection; performing tasks and powers of administrative inspection and specialized inspection in the field of population, family, and children within the scope of state management of the Committee for Population, Family, and Children. The Central Committee Inspection is directly guided by the Minister in charge of the Committee for Population, Family, and Children, while also being guided and directed on work, organization, and inspection procedures by the Government Inspectorate.

2. The Central Committee Inspection has a Chief Inspector, Deputy Chief Inspector, and Inspectors. The Chief Inspector of the Central Committee is appointed, relieved, or dismissed by the Minister in charge of the Committee for Population, Family, and Children after consultation with the General Inspector. The Deputy Chief Inspector and Inspectors of the Central Committee are appointed, relieved, or dismissed by the Minister in charge of the Committee for Population, Family, and Children upon the recommendation of the Chief Inspector of the Central Committee.

3. The Minister in charge of the Committee for Population, Family, and Children shall specify in detail the functions, tasks, powers, and organizational structure of the Central Committee Inspection.

Article 6. Tasks and Authorities of the Inspectorate of the Committee at the Central Level

1. Implement the tasks and authorities stipulated in Article 25 of the Inspection Law.

2. Organize training and professional development for inspectors and cooperating inspectors of the Population, Family, and Children Inspection.

3. Take the lead or participate in drafting regulatory legal documents related to the organization and activities of population, family, and children inspection for submission to the Minister and Head of the Committee for issuance within their authority or for submission to the competent authority for issuance. Participate in drafting other regulatory legal documents assigned by the Minister and Head of the Population, Family, and Children Committee.

4. Monitor, inspect, and urge the implementation of conclusions, recommendations, and decisions on administrative penalties issued by the Inspectorate of the Committee at the Central Level.

5. Request relevant agencies and organizations to assign officials and civil servants to join inspection teams; summon Inspectors from the provincial-level Inspectorate to join inspection teams when necessary.

6. Recommend to the competent state agency to suspend enforcement or revoke provisions that contravene national legal documents or specialized legal documents on population, family, and children.

Article 7. Tasks and Authorities of the Chief Inspector of the Committee at the Central Level

1. Implement the tasks and authorities stipulated in Article 26 of the Inspection Law.

2. Lead and direct the inspection work of the Inspectorate of the Committee at the Central Level; guide and instruct the inspection work and specialized inspection business of the provincial-level Inspectorate.

3. Develop annual inspection and supervision programs of the Inspectorate of the Committee at the Central Level for submission to the Minister and Head of the Population, Family, and Children Committee for decision and organize implementation after approval.

4. Recommend to the Minister and Head of the Population, Family, and Children Committee to coordinate with ministries, sectors, and provincial People's Committees to resolve overlapping inspections and supervisions of agencies and units under the management of the Population, Family, and Children Committee.

5. Monitor, inspect, and urge heads of agencies and organizations under the management of the Population, Family, and Children Committee to implement inspection conclusions, recommendations, and decisions within their scope of responsibility.

6. Inspect the responsibility of heads of units directly managed by the Minister and Head of the Population, Family, and Children Committee in implementing laws on inspection.

7. Report to the Minister and Head of the Population, Family, and Children Committee and the General Inspector on inspection work within their scope of responsibility.

Article 8. Provincial-level Inspectorate

1. The provincial-level Inspectorate is an organization under the Provincial Population, Family, and Children Committee, responsible for assisting the Head of the Provincial Population, Family, and Children Committee in performing administrative inspection and specialized inspection tasks in the field of population, family, and children within the scope of the Head's responsibilities. The provincial-level Inspectorate is directly guided by the Head of the Provincial Population, Family, and Children Committee, while also being guided and instructed on administrative inspection work by the provincial Inspectorate and specialized inspection work by the central-level Inspectorate.

2. The provincial-level Inspectorate has a Chief Inspector, Deputy Chief Inspector, and Inspectors. The Chief Inspector of the provincial-level Inspectorate is appointed and relieved of duty by the Head of the Provincial Population, Family, and Children Committee after reaching consensus with the Chief Inspector of the province. The Deputy Chief Inspector and Inspectors of the provincial-level Inspectorate are appointed and relieved of duty by the Head of the Provincial Population, Family, and Children Committee upon recommendation by the Chief Inspector of the provincial-level Inspectorate.

Article 9. Tasks and Authorities of the Inspectorate of the Provincial People's Committee

1. Implement the tasks and authorities prescribed in Article 28 of the Inspection Law.

2. Monitor, inspect, and urge the implementation of conclusions, recommendations, and decisions on administrative penalties issued by the Inspectorate of the Provincial People's Committee.

3. Propose relevant agencies and organizations to assign officials and civil servants to participate in inspection teams.

4. Recommend to competent state agencies to suspend or revoke regulations that contravene national laws or regulations on population, family, and children issued by the Minister and Head of the National Committee for Population, Family, and Children.

Article 10. Tasks and Authorities of the Chief Inspector of the Inspectorate of the Provincial People's Committee

1. Implement the tasks and authorities prescribed in Article 29 of the Inspection Law.

2. Lead and direct the inspection work of the Inspectorate of the Provincial People's Committee.

3. Develop annual inspection and supervision programs and plans for the Inspectorate of the Provincial People's Committee, submit them to the Head of the Provincial Committee for Population, Family, and Children for approval, and organize their implementation after approval.

4. Recommend to the Head of the Provincial Committee for Population, Family, and Children to coordinate with provincial competent authorities to resolve overlaps between inspection and supervision teams regarding agencies and organizations under the management of the Provincial Committee for Population, Family, and Children.

5. Monitor, inspect, and urge the heads of agencies and organizations under the management of the Provincial Committee for Population, Family, and Children to implement inspection conclusions, recommendations, and decisions on administrative penalties issued by the Inspectorate of the Provincial People's Committee.

6. Inspect the responsibility of the heads of agencies and organizations under the management of the Provincial Committee for Population, Family, and Children in implementing laws on inspection.

7. Report to the Head of the Provincial Committee for Population, Family, and Children, the Chief Inspector of the Provincial People's Committee, and the Chief Inspector of the Central Inspectorate on inspection activities within their scope of responsibility.

Chapter III

INSPECTORS AND ASSOCIATE INSPECTORS FOR POPULATION, FAMILY, AND CHILDREN

Article 11. Inspectors for Population, Family, and Children

1. Inspectors for Population, Family, and Children are civil servants appointed to the inspector position.

2. Inspectors for Population, Family, and Children must meet the general standards for inspectors as stipulated in Article 31 of the Inspection Law.

3. Inspectors for Population, Family, and Children have tasks and authorities as prescribed in Articles 40 and 50 of the Inspection Law.

4. The appointment, removal, and implementation of policies for Inspectors for Population, Family, and Children shall be carried out in accordance with the law.

Article 12. Associate Inspectors for Population, Family, and Children

1. In inspection activities, population, family, and children inspection organizations have the right to summon associate inspectors.

2. Associate Inspectors for Population, Family, and Children are individuals with expertise and qualifications suitable for the fields of population, family, and children, summoned to conduct inspections at the request of population, family, and children inspection organizations or competent authorities. Associate Inspectors for Population, Family, and Children work according to the assignment of the population, family, and children inspection organization or the Head of the Inspection Team.

3. Standards, benefits, responsibilities of Associate Inspectors for Population, Family, and Children; the process of summoning Associate Inspectors for Population, Family, and Children shall be implemented in accordance with the law on associate inspectors and the provisions of the Minister and Head of the National Committee for Population, Family, and Children.

Chapter IV

ACTIVITIES OF POPULATION, FAMILY, AND CHILDREN INSPECTION

Article 13. Administrative inspection activities

1. Inspect and supervise the implementation of policies, laws, and tasks of agencies, organizations, and individuals under the management of the Committee for Population, Family, and Children.

2. The content, procedures, and methods for conducting administrative inspections shall be carried out in accordance with Articles 34 to 44 of the Inspection Law and guiding documents for the Implementation of the Inspection Law.

Article 14. Contents of specialized inspection activities

Inspection, examination, and handling of violations against agencies, organizations, and individuals in their compliance with laws, procedures, regulations, technical standards, conditions for establishment, organization of operations, and other provisions of laws on population, family, and children, including:

1. Provisions regarding the responsibilities of agencies, organizations, and individuals in performing their tasks and powers concerning population, family, and children work;

2. Provisions regarding the management of advisory activities in the field of population, family, and children;

3. Procedures, regulations, and technical standards in providing contraception means and family planning services;

4. Procedures, regulations, and standards in implementing activities to protect, care for, and educate children, ensuring children's rights, and assisting children in special circumstances;

5. Procedures, regulations, and standards in implementing activities related to building warm, equal, progressive, and happy families; building cultural families;

6. Provisions regarding the conditions for establishing and organizing operations of welfare facilities and services related to population, family, and children;

7. Provisions within the administrative penalty authority of the Population, Family, and Children Inspectorate;

8. Other relevant legal provisions concerning population, family, and children work.

Article 15. Procedure and process for conducting specialized inspections and imposing administrative penalties

1. The procedure and process for conducting specialized inspections shall be carried out in accordance with the provisions from Article 45 to Article 52 of the Inspection Law and guiding documents for the implementation of the Inspection Law.

2. The procedure and process for imposing administrative penalties in the field of population, family, and children shall be carried out in accordance with the legal provisions on handling administrative violations.

Article 16. Programs and plans for specialized inspections

1. Programs and plans for specialized inspections on population, family, and children include the subjects, contents, scope, and inspection tasks directly implemented by the Population, Family, and Children Committee.

2. The process of developing and approving programs and plans for specialized inspections on population, family, and children is as follows:

a) Based on the requirements and tasks of the Population, Family, and Children Committee; requirements for handling complaints, denunciations, anti-corruption efforts, and guidance from higher-level inspection authorities, the Head of the Central Population, Family, and Children Inspectorate shall take the lead and coordinate with the Heads of Inspectors of relevant ministries and sectors in formulating inspection programs and plans with subjects, contents, and scopes related to population, family, and children work to avoid overlap and duplication;

b) The Minister and Director of the Population, Family, and Children Committee shall approve the inspection programs and plans after reaching consensus with relevant ministries and sectors;

c) The Head of the Central Population, Family, and Children Inspectorate shall be responsible for coordinating with the Heads of Inspectors of relevant ministries and sectors to implement these programs and plans;

d) Provincial-level inspection programs and plans on population, family, and children shall be developed and approved through a coordinated process with relevant provincial departments and agencies regarding subjects, contents, scopes, and inspection tasks to ensure consistency and avoid overlap.

Article 17. Decision on inspection

1. The authority to issue inspection decisions, the basis for issuing such decisions, the duration of inspections, and the contents of administrative and specialized inspection decisions shall be carried out in accordance with the provisions of Articles 36, 37, 46, and 47 of the Inspection Law and the guiding documents implementing the Inspection Law.

2. The procedure for issuing urgent specialized inspection decisions shall be implemented as follows:

a) When discovering signs of violations of laws by agencies, organizations, or individuals; upon request for handling complaints and denunciations; at the request of preventive work or anti-corruption efforts; or when assigned by the head of the Population, Family, and Children Committee at the same level or higher level, the Director of the Inspection Department of the Central Committee, or the Director of the Inspection Department of the provincial committee shall submit to the head of the Population, Family, and Children Committee at the same level for a decision on urgent inspection, or issue a document requesting the Director of the Ministry's Inspection Department, or the Director of the Department's Inspection Department to submit to the Minister or the Department Director for a decision on urgent inspection of objects under the management of that Ministry or Department;

b) Upon receiving a document from the Director of the Inspection Department of the Central Committee, or the Director of the Inspection Department of the provincial committee, the Director of the Ministry's Inspection Department, or the Director of the Department's Inspection Department shall have the responsibility to propose to the Minister or the Department Director to issue an inspection decision or issue a document to reply so that the Population, Family, and Children Inspection Department can submit to the head of the Population, Family, and Children Committee at the same level for a decision on urgent inspection;

c) In cases where a violation of the law is discovered and it is necessary to promptly prevent it, the Director of the Inspection Department of the Central Committee, or the Director of the Inspection Department of the provincial committee shall issue an urgent inspection decision, while immediately reporting to the head of the Population, Family, and Children Committee at the same level; immediately notifying the Director of the Ministry's Inspection Department, or the Director of the Department's Inspection Department related to the matter to cooperate in conducting the inspection.

Chapter V

ATTIRE, BADGES, INFRASTRUCTURE, AND OPERATING FUNDS FOR POPULATION, FAMILY, AND CHILDREN INSPECTION

Article 18. Attire and badges

1. Population, Family, and Children Inspectors have their own attire and badges. Strictly prohibited are organizations and individuals not belonging to the Population, Family, and Children Inspector force from using the attire and badges of Population, Family, and Children Inspectors.

2. The Minister and Chairman of the Population, Family, and Children Committee shall coordinate with the General Inspector to specify the standards, quotas, models, and colors of the attire and badges of Population, Family, and Children Inspectors.

Article 19. Infrastructure

1. Population, Family, and Children Inspection organizations have offices and are equipped with means and equipment to serve inspection work.

2. The Minister and Chairman of the Population, Family, and Children Committee shall stipulate the means and equipment for Population, Family, and Children Inspection agencies at all levels in accordance with the law.

Article 20. Operating Expenses

1. The operating funds of Population, Family, and Children Inspectors are provided by the state budget and other sources of funding as prescribed by law.

2. The allocation, management, and use of funds shall be carried out in accordance with the State Budget Law and related regulatory legal documents.

3. The Minister and Chairman of the Population, Family, and Children Committee shall collaborate with the Minister of Finance to provide guidance on the allocation, management, and use of operating funds for Population, Family, and Children Inspectors.

Chapter VI

RESPONSIBILITIES AND RELATIONSHIPS OF AGENCIES, ORGANIZATIONS, AND INDIVIDUALS IN POPULATION, FAMILY, AND CHILDREN INSPECTION ACTIVITIES

Article 21. Responsibilities of the Head of State Administrative Management Authorities in the Activities of Population, Family, and Children Inspection

1. The Minister and Chairman of the Population, Family, and Children Committee shall be responsible for organizing and directing the activities of the Committee's Inspection at the Central level; improving the organization of the Committee's Inspection at the Central level; regularly directing and ensuring conditions for the operation of the Committee's Inspection at the Central level; promptly handling conclusions and recommendations of the Committee's Inspection at the Central level.

2. The Chairman of the Provincial Population, Family, and Children Committee shall be responsible for coordinating with the Department of Home Affairs to advise the Provincial People's Committee on improving the organization of the Provincial Committee's Inspection; regularly directing and ensuring conditions for the operation of the Provincial Committee's Inspection; promptly handling conclusions and recommendations of the Provincial Committee's Inspection.

Article 22. Responsibilities and Rights, Obligations of Organizations and Individuals Subject to Inspection and of Agencies, Organizations, and Individuals Related to the Inspection

1. Organizations and individuals subject to inspection shall have responsibilities and rights, obligations as prescribed in Articles 8, 53, and 54 of the Inspection Law.

2. Agencies, organizations, and individuals having information and documents related to the content of the inspection must provide them fully and promptly according to the requirements of the inspection agency and bear responsibility for the accuracy and truthfulness of the provided information and documents.

Article 23. Coordination Relationships in the Activities of Population, Family, and Children Inspection

1. The Committee's Inspection at the Central level shall be under the direction and guidance on work, organization, and inspection business of the Government Inspectorate; shall be responsible for guiding specialized inspection business for the Provincial Committee's Inspection; guiding or chairing inter-sector inspections; guiding and inspecting internal inspection work.

2. The Provincial Committee's Inspection shall be under the direction and guidance on administrative inspection work of the Provincial Inspectorate, and on specialized inspection work of the Committee's Inspection at the Central level; shall be responsible for assigning staff members to participate in inspection teams organized by the Committee's Inspection at the Central level or organizing surprise inspections upon request of the Committee's Inspection at the Central level.

3. Population, Family, and Children Inspection organizations within their scope of duties and powers shall be responsible for coordinating with police agencies, prosecution offices, border guards, maritime police, other specialized inspections, People's Committees at all levels, and related agencies; meanwhile, these agencies shall be responsible for coordinating with population, family, and children inspection agencies in preventing, detecting, and handling violations of laws on population, family, and children.

Article 24. Handling Complaints in Inspection Activities

1. If the inspected entity believes that the decision to handle, the behavior of the Inspection Team Leader, inspector, or other members of the Inspection Team during the inspection process is contrary to the law, the person issuing the inspection decision shall be responsible for reviewing and resolving the complaint.

2. If the inspected entity believes that the inspection conclusion, decision to handle the inspection is contrary to the law, the Head of the Inspection Organization, or the Head of the Population, Family, and Children Committee who made the conclusion or decision to handle shall be responsible for reviewing and resolving the complaint.

3. In cases where the Head of the Population, Family, and Children Committee, or the Head of the Inspection Organization has resolved but the party still complains, the resolution shall be carried out in accordance with the provisions of the law on complaints and denunciations.

Article 25. Handling complaints in inspection activities

1. Complaints against violations of the law by the Head of the Inspection Team, inspectors, or other members of the Inspection Team shall be resolved by the head of the directly supervising administrative agency.

2. Complaints against violations of the law by the person issuing the inspection decision shall be resolved by the head of the immediately superior agency. The authority, procedures, and processes for handling complaints shall be carried out in accordance with the provisions of the law on appeals and complaints. Complaints regarding criminal offenses shall be examined and handled by judicial agencies in accordance with the law.

Chapter VII

REWARD AND DISCIPLINARY ACTION FOR VIOLATIONS

Article 26. Awards

Organizations and individuals who have achievements in Population, Family, and Children Inspection activities shall be rewarded in accordance with the law.

Article 27. Handling Violations

Any person obstructing, offering bribes, retaliating against those performing inspection duties, making false complaints, violating laws on inspections; any person abusing their position or powers 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, or criminal liability pursued, and if damage is caused, they must compensate according to the law, depending on the nature and severity of the violation.

Chapter VIII

IMPLEMENTING PROVISIONS

Article 28. Effective Date

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

Article 29. Responsibility for Implementation

1. The Minister in charge of the Population, Family, and Children Commission is responsible for guiding the implementation of this Decree.

2. The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities shall be responsible for implementing this Decree.