Decree No. 41/2014/NĐ-CP on the organization and operation of inspection within the People's Public Security force

 

 

DECREE

Regulations on the organization and operation of inspection activities of the People's Public Security

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

Based on the Inspection Law dated November 15, 2010;

Pursuant to the National Security Law dated December 3, 2004;

您提供的文本是关于越南人民警察内部的检查机构职能、职责、权限和组织结构的规定。翻译时需严格按照原文内容，不得添加任何解释或个人理解。

确保使用标准的法律术语，并保持正式、客观、精确的官方文件语言风格。

At the proposal of the Minister of Public Security,

The Government issues this Decree to regulate the organization and operation of inspection activities of the People's Public Security.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the functions, tasks, powers, organization, and activities of police inspection of the People's Public Security; Inspectors and Inspector Collaborators of the People's Public Security.

Article 2. Applicability

文本中的数字、日期、法规代码等信息需要准确无误地保留。

Article 3. Agencies performing inspection functions in the People's Public Security

1. The system of state inspection agencies within the People's Police includes:

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

b) General Inspectorate;

c) Inspectorate of the General Command;

d) Inspectorate of Provincial Public Security (hereinafter referred to as Inspectorate of Provincial Public Security). Inspectorate of Provincial Fire Prevention and Fighting (hereinafter referred to as Inspectorate of Provincial Fire Prevention and Fighting);

e) Inspectorate of District, County, City District, and Town Public Security (hereinafter referred to as Inspectorate of District Public Security).

2. The General Police Force for Fire Prevention, Firefighting, and Rescue is the unit entrusted with the function of specialized inspection in fire prevention, firefighting, and rescue operations.

3. In units such as Departments, Bureaus, Institutes, Academies, police schools, and provincial public security units without an inspection organization, the head of the unit shall directly direct inspection work and decide to establish Inspection Teams, Inspection Groups, and assign dedicated or part-time inspector officers to perform inspection tasks according to the following criteria:

Establish an Inspection Team in units with a strength of 500 officers and soldiers or more; establish an Inspection Group in units with a strength of 300 to less than 500 officers and soldiers; assign dedicated inspector officers in units with a strength of 200 to less than 300 officers and soldiers; assign part-time inspector officers in units with a strength of less than 200 officers and soldiers.

4. The Minister of Public Security shall specify in detail the organizational structure, staffing, and activities of the inspection agencies prescribed in this Article.

Article 4. Inspection Objects

1. Agencies and individuals under the management of the Ministry of Public Security.

2. Vietnamese agencies, organizations, and individuals in compliance with laws on national security protection and social order and safety management by the Ministry of Public Security.

3. Foreign agencies, organizations, and individuals in Vietnam engaged in activities related to laws on national security protection and social order and safety management by the Ministry of Public Security.

Article 5. Functions and tasks of inspection agencies in the People's Public Security

Within their scope, duties, and authority, inspection agencies within the People's Police shall be responsible for implementing and assisting state administrative agencies at the same level with management functions to manage state administration regarding inspection work, handling complaints and grievances, receiving citizens, preventing and combating corruption and waste; conducting inspections, handling complaints and grievances, receiving citizens, preventing and combating corruption and waste in accordance with the provisions of the law.

Article 6. Principles of Inspection Activities in the People's Public Security

1. Adhere to the Constitution and laws, Regulations and provisions of the Ministry of Public Security; ensure accuracy, objectivity, honesty, transparency, democracy, and promptness.

2. There shall be no overlap in the scope, objects, and content of inspections among agencies performing inspection functions; they shall not hinder the normal operations of agencies, organizations, and individuals that are the objects of inspection.

3. When conducting inspections, the person issuing the inspection decision, the head of the inspection agency, the Inspector-in-Chief of the Inspection Team, Inspectors, and members of the Inspection Team shall be responsible under the law for their actions and decisions.

Article 7. Work Relationships of Inspection Agencies in the People's Public Security

1. The Ministry Inspection is subject to the direction and management of the Minister of Public Security and is subject to the direction and guidance on inspection business by the Government Inspectorate.

2. Inspection agencies within the People's Police, dedicated or part-time inspector officers assigned in places without inspection organizations to perform inspection tasks operate under the direct management and direction of the head of the public security agency at the same level, while also being subject to guidance on inspection business by higher-level inspection agencies.

3. The relationship between inspection agencies within the People's Public Security with other functional agencies is a cooperative relationship to fulfill assigned tasks according to the law and regulations of the Ministry of Public Security.

4. Inspection agencies within the People's Police shall coordinate with inspection agencies of ministries, sectors, and other relevant agencies at central and local levels during the inspection process concerning issues related to the areas of state administration managed by the Ministry of Public Security and the struggle against violations of the law.

Chapter II

FUNCTIONS, DUTIES, POWERS, AND ORGANIZATION OF INSPECTION AGENCIES IN THE PEOPLE'S POLICE

INSPECTION AGENCIES IN THE PEOPLE'S POLICE

Section 1

INSPECTION BUREAU

Article 8. Position, Functions, and Organization of the Ministry Inspection

1. The Inspection Bureau is an agency of the Ministry of Public Security, subject to direct command and management by the Minister of Public Security and guidance on work and inspection business by the Government Inspectorate; it is responsible for assisting the Minister of Public Security in managing state administration regarding inspection work, handling complaints and grievances, receiving citizens, preventing and combating corruption and waste in the People's Police; conducting administrative inspections of agencies, organizations, and individuals within the scope of management of the Ministry of Public Security; specialized inspections of agencies, organizations, and individuals within the scope of state administration regarding national security protection and social order and safety maintenance; handling complaints and grievances, receiving citizens, preventing and combating corruption and waste in accordance with the provisions of the law.

2. The Ministry Inspection has a Chief Inspector, Deputy Chief Inspectors, Inspector ranks, and technical and professional officers.

The Chief Inspector of the Ministry is appointed, relieved, or dismissed by the Minister of Public Security after consultation with the General Inspector of the Government Inspectorate.

The Deputy Chief Inspector assists the Chief Inspector in overseeing one or several areas of work as assigned by the Chief Inspector and is responsible under the law and to the Chief Inspector for the performance of the assigned tasks. The appointment, removal, and dismissal of Deputy Chief Inspectors and Inspectors shall be carried out in accordance with the law and regulations of the Ministry of Public Security.

3. The Ministry Inspection has specialized units to carry out assigned tasks.

Article 9. Tasks and Authorities of the Inspectorate of the Ministry

1. Implement the tasks and authorities prescribed in Article 18 of the Inspectorate Law.

2. Guide, inspect, and urge public security units and localities to develop and implement inspection programs and plans.

3. Organize training for inspectors, heads, and specialized inspection officers in the People's Public Security.

4. Disseminate, promote, guide, urge, inspect, and conduct inspections on public security units and localities regarding their implementation of laws on inspection.

5. Summarize experiences, exchange information, and conduct scientific research on inspection work within the scope of the Ministry of Public Security’s management.

Article 10. Tasks and Authorities of the Chief Inspector of the Ministry

1. Implement the tasks and authorities stipulated in Article 19 of the Inspectorate Law.

2. Be responsible before the Minister and the Chief Inspector General about inspection work, handling complaints and grievances, receiving citizens; preventing corruption and waste within the scope of his responsibility.

3. Inspect the responsibility of heads of public security units and localities in implementing laws on inspection, complaints, grievances, receiving citizens, preventing corruption and waste.

4. Summoning officers and technical specialists from relevant units and localities to participate in inspection activities,

5. Managing the Inspector Corps, officers, and soldiers within the establishment; proposing the appointment, removal of Inspectors in the People's Police; coordinating with the heads of units, provincial public security directors, and provincial fire prevention and fighting directors to appoint, remove, and dismiss Chief Inspectors of units and localities in accordance with the分级任务如下：

6. Perform other tasks assigned by the Minister of Public Security.

Section 2

GENERAL INSPECTORATE, INSPECTORATE OF THE GENERAL COMMAND

Article 11. Position, Functions, Organization of the Inspectorate of the General Department

1. The Inspectorate of the General Department is a unit under the General Department, directly subject to the direction of the Director-General and the guidance on inspection work and expertise from the Inspectorate of the Ministry; it is responsible for assisting the Director-General in managing inspection work, handling complaints and denunciations, receiving citizens, preventing and combating corruption and waste within the General Department; conducting administrative inspections according to its authority against units and individuals under the General Department; coordinating specialized inspections in areas of national security protection and social order and safety management by the Ministry of Public Security as assigned and directed; handling complaints and denunciations, receiving citizens, preventing and combating corruption and waste in accordance with laws and regulations of the Ministry of Public Security.

2. The Inspectorate of the General Department has an Inspector-in-Chief, Deputy Inspectors-in-Chief, ranks of Inspectors, officers, and technical specialists.

The appointment, dismissal, and removal of the Inspector-in-Chief of the Inspectorate of the General Department shall be carried out according to the分级管理权限的规定，经与公安部监察长和相关职能单位协商一致后由公安部执行；副监察长的任命、免职和撤职以及监察员的任命、免职和撤职按照法律规定和公安部的规定进行。

3. The Inspectorate of the General Department has functional units to carry out the tasks assigned.

Article 12. Tasks and Authorities of the Inspectorate of the General Department

1. Develop the annual inspection program of the General Department based on the inspection program of the Ministry, submit it to the Director-General for approval, and organize its implementation.

2. Conduct inspections on the implementation of policies, laws, duties, and authorities of public security units and police officers under the General Department according to the approved program.

3. Assist the Director-General in managing inspection work, handling complaints and denunciations, receiving citizens, preventing and combating corruption and waste within the scope of responsibility of the General Department.

4. Verify, conclude, and recommend the resolution of complaints and the handling of accusations within the authority of the Director-General, and organize the reception of citizens according to the laws on complaints and accusations.

5. Implement tasks related to preventing and combating corruption and waste within the General Department according to the laws on preventing and combating corruption and waste.

6. Monitor, inspect, and urge the implementation of conclusions, recommendations, and decisions on inspections made by the General Department.

7. Assist the Director-General in managing, inspecting, guiding, and organizing training in inspection work for heads and dedicated or concurrently serving inspectors of units under the General Department.

8. Summarize experiences, exchange information, and conduct scientific research on inspection work according to the law.

9. Compile and report to the Director-General and the Inspector-in-Chief of the Ministry on the results of inspection work, handling complaints and denunciations, receiving citizens, and preventing and combating corruption and waste within the scope of management of the General Department.

10. Perform other tasks assigned by the Director-General.

Article 13. Tasks and Authorities of the Inspector-in-Chief of the Inspectorate of the General Department

1. Lead, direct, guide, and inspect inspection work in units under the General Department.

2. Submit to the Director-General for decision to conduct inspections when signs of violation of laws are discovered or due to requirements for preventing and combating corruption and waste; decide on inspections within his authority, establish inspection teams, appoint Inspectors, and summon Inspector Collaborators of the People's Public Security to conduct inspections according to the law.

3. Recommend to the Director-General and report to the Inspector-in-Chief of the Ministry to handle overlapping and repetitive programs, plans, and contents of inspections within the General Department.

4. Recommend to the Director-General and report to the Inspector-in-Chief of the Ministry to request the Minister of Public Security to decide to temporarily suspend the execution of decisions made by agencies, organizations, or individuals directly managed by the Director-General if there is evidence that such decisions violate the law or affect inspection activities.

5. Recommend to the Director-General to consider responsibility and handle police officers under the management of the Director-General who have violated laws and regulations during the implementation of policies, laws, duties, and authorities discovered through inspection work according to the law and regulations of the Ministry of Public Security; require the heads of relevant agencies and units to consider responsibility and handle those who have violated laws and regulations under their management.

6. Recommend to the Director-General to resolve issues related to inspection work; if the recommendation is not accepted, report to the Inspector-in-Chief of the Ministry for instructions and resolution.

7. Verify, conclude, and recommend the resolution of complaints and accusations according to the law.

8. Carry out tasks and authorities related to preventing and combating corruption and waste internally according to the law.

9. Report and be responsible before the Director-General and the Inspector-in-Chief of the Ministry for the results of inspection work, handling complaints and accusations, receiving citizens; preventing and combating corruption and waste within the General Department within his scope of responsibility.

10. Inspect the responsibility of heads of units under the General Department in implementing laws on inspection, complaints, accusations, receiving citizens; preventing and combating corruption and waste.

11. Propose, coordinate proposals with authorized bodies to appoint, dismiss, and remove Deputy Inspectors-in-Chief and Inspectors in units under the General Department.

12. Manage, lead, and direct the Inspectorate of the General Department to perform tasks and authorities as stipulated in Article 12 of this Decree and perform other tasks assigned by the Director-General.

Article 14. Inspection of the General Command

1. The Inspection of the General Command is a department-level unit under the General Command directly led by the Commander; at the same time, it is subject to guidance on inspection work and procedures from the Ministry's Inspection; it is responsible for assisting the Commander in managing inspection activities, handling complaints and reports, receiving citizens, preventing corruption and waste within its internal scope; performing administrative inspection tasks within the management scope of the General Command; verifying, concluding, and recommending solutions for complaint resolution and report handling within its authority; implementing anti-corruption and anti-waste tasks within the responsibility of the General Command.

2. The Inspection of the General Command has an Inspector-in-Chief, Deputy Inspectors-in-Chief, inspector positions, and officers and non-commissioned officers with specialized technical expertise. The appointment, removal, and dismissal of the Inspector-in-Chief, Deputy Inspectors-in-Chief of the General Command, and inspectors shall be carried out according to the laws and regulations of the Ministry of Public Security.

3. The duties and powers of the Inspection of the General Command shall be implemented as those of the Inspection of the General Department as stipulated in Article 12 of this Decree within the scope of responsibilities of the General Command; the duties and powers of the Inspector-in-Chief of the General Command shall be implemented as those of the Inspector-in-Chief of the General Department as stipulated in Article 13 of this Decree within the scope of responsibilities of the General Command.

Section 3

INSPECTION OF PROVINCE PUBLIC SECURITY DEPARTMENT, INSPECTION OF PROVINCE FIRE PREVENTION AND RESCUE, INSPECTION OF COUNTY PUBLIC SECURITY DEPARTMENT

AND FIRE FIGHTING OF THE PROVINCE, POLICE INSPECTION OF THE COUNTY

Article 15. Position, Functions, and Organization of the Inspection of Province Public Security Organization

1. The Inspection of the Province Public Security Department is a department-level unit under the Province Public Security Department, directly led by the Director of the Province Public Security Department; at the same time, it is subject to guidance on inspection work and organizational procedures from the Ministry's Inspection; it is responsible for assisting the Director of the Province Public Security Department in managing inspection activities, handling complaints and reports, receiving citizens; preventing corruption and waste; conducting administrative inspections of units and individuals under the management of the Director of the Province Public Security Department, and specialized inspections of agencies, organizations, and individuals within the national management scope regarding national security protection and social order and safety maintenance by the Ministry of Public Security in the province.

2. The Inspection of the Province Public Security Department has an Inspector-in-Chief, Deputy Inspector-in-Chiefs, inspector positions, and officers and non-commissioned officers with specialized technical expertise.

The appointment, removal, and dismissal of the Inspector-in-Chief shall be decided by the Director of the Province Public Security Department after reaching consensus with the Inspector-in-Chief of the Ministry.

The appointment, removal, and dismissal of Deputy Inspector-in-Chiefs and inspectors shall be carried out according to the laws and regulations of the Ministry of Public Security.

3. The Inspection of the Province Public Security Department has teams to carry out assigned tasks.

Article 16. Tasks and Authorities of the Inspection of Province Public Security Organization

1. Perform tasks and authorities as prescribed in Article 24 of the Inspection Law.

2. Guide, inspect, and urge the construction and implementation of inspection programs and plans of public security units under the province.

3. Organizing training in inspection procedures for dedicated and part-time inspectors within the management scope of the Director of the Province Public Security Department; proposing to the Director of the Province Public Security Department to request the Minister of Public Security to appoint, remove, and dismiss inspector positions under the management of the Province Public Security Department.

4. Promoting, guiding, inspecting, and urging public security units and localities under the management of the Director of the Province Public Security Department to comply with laws on inspection, complaint resolution, report handling, citizen reception, and prevention of corruption and waste within the responsibility of the Province Public Security Department.

5. Perform tasks and authorities related to anti-corruption and thrift according to the law.

6. Summarize and draw lessons from inspection work, complaint resolution, accusation handling, citizen reception, and anti-corruption and thrift within the responsibilities of the Provincial Public Security Organization.

7. Perform other tasks assigned by the Provincial Public Security Director.

Article 17. Duties and Authorities of the Inspector General of the Provincial Public Security Agency

1. Perform the duties and authorities stipulated in Article 25 of the Inspection Law.

2. Shall be responsible before the Director of the Provincial Public Security Agency and the Inspector General of the Ministry for inspection work, handling complaints and denunciations, receiving citizens, preventing and combating corruption and waste as prescribed.

3. Inspecting the responsibility of the heads of public security units and localities under the management of the Director of the Province Public Security Department in implementing laws on inspection, complaint resolution, report handling, citizen reception, and prevention of corruption and waste within the responsibility of the Province Public Security Department.

4. Summon officers from relevant units and local public security agencies to participate in inspection activities.

5. Carry out tasks and authorities related to the prevention and combat of corruption and waste of the Provincial Public Security Agency as prescribed.

6. Perform other tasks assigned by the Director of the Provincial Public Security Agency.

Article 18. Provincial Fire Prevention and Control Police Inspection

1. The Provincial Fire Prevention and Control Police Inspection is a department-level unit directly under the direction and management of the Provincial Fire Prevention and Control Police Director; at the same time, it is subject to guidance on work and inspection business from the Ministry's Inspectorate; it is responsible for assisting the Director in managing inspection work, handling complaints and reports, receiving citizens; preventing corruption and waste within the Provincial Fire Prevention and Control Police force; performing administrative inspection tasks for units and individuals under the Director's management; specialized inspections for agencies, organizations, and individuals within the scope of national management regarding fire prevention, firefighting, and rescue operations by the Ministry of Public Security in the province or centrally-administered city.

2. The Provincial Fire Prevention and Control Police Inspection has an Inspector-in-Chief, Deputy Inspectors, Inspector ranks, and technical and professional officers. The appointment, dismissal, and removal of the Inspector-in-Chief, Deputy Inspectors, and Inspector ranks shall be carried out according to the provisions of the law and the Ministry of Public Security.

3. The tasks and powers of the Provincial Fire Prevention and Control Police Inspection shall be implemented according to the provisions of Article 16 of this Decree within the scope of responsibility of the Provincial Fire Prevention and Control Police; the tasks and powers of the Inspector-in-Chief of the Provincial Fire Prevention and Control Police Inspection shall be implemented according to the provisions of Article 17 of this Decree within the management scope of the Provincial Fire Prevention and Control Police.

Article 19. County Police Inspection

1. The County Police Inspection is organized in the form of an Inspection Team, Inspection Group, or dedicated inspector; the County Police Inspection is directly under the direction of the County Police Chief, while also being subject to guidance on work and inspection business from the Provincial Police Inspection.

2. The County Police Inspection is responsible for assisting the County Police Chief in managing inspection work, handling complaints and reports, receiving citizens, and preventing corruption and waste; performing administrative inspection tasks for units and individuals under the County Police; verifying, concluding, and recommending the resolution of complaints and reports within the authority of the County Police; implementing anti-corruption and anti-waste tasks within the responsibility of the County Police.

3. The Minister of Public Security shall specify in detail the position, functions, tasks, powers, appointment, dismissal, and removal of positions in the County Police Inspection.

Section 4

SPECIALIZED INSPECTION OF THE FIRE PREVENTION AND CONTROL POLICE CIRCULAR

RESCUE AND ASSISTANCE

Article 20. Position, Functions, and Organization of the Specialized Inspection of the Fire Prevention and Fighting, Rescue and Assistance Circular Branch

1. The Fire Prevention and Fighting, Rescue and Assistance Circular Branch shall have a specialized inspection unit to carry out specialized inspection work in the field of fire prevention and fighting, rescue and assistance.

2. The Specialized Inspection of the Fire Prevention and Control Police Circular is a department-level unit directly under the direction of the Director and is subject to guidance on work and inspection business from the Ministry's Inspectorate; it is responsible for assisting the Director in guiding, directing, and organizing the implementation of specialized inspection work regarding fire prevention, firefighting, and rescue operations for agencies, organizations, and individuals; resolving complaints and reports, and receiving citizens related to fire prevention, firefighting, and rescue operations according to the law.

3. The specialized inspection unit of the Fire Prevention and Fighting, Rescue and Assistance Circular Branch has an Inspector General, Deputy Inspector General, inspection officer ranks, and technical and professional non-commissioned officers and specialists.

The appointment, dismissal, and removal of the Inspector-in-Chief shall be carried out according to the分级管理规定，经与部长的监察长协商后；副监察长和监察员的任命、解聘和撤职按照法律规定和公安部的规定执行。

Article 21. Duties and Authorities of the Specialized Inspection of the Fire Prevention and Fighting, Rescue and Assistance Circular Branch

1. Develop the annual specialized inspection work program of the Fire Prevention and Control Police Circular based on the Ministry's inspection work plan, submit it for approval by the Director, and organize its implementation.

2. Assist the Fire Prevention and Control Police Circular Director in managing inspection work on fire prevention, firefighting, and rescue operations; manage complaint and report resolution work, and citizen reception work on fire prevention, firefighting, and rescue operations within the public security system according to the law.

3. Inspect the compliance with laws on fire prevention, firefighting, and rescue operations by agencies, organizations, and individuals according to the approved program and plan; conduct surprise inspections when signs of law violations are discovered.

4. Verify and conclude recommendations for resolving complaints and handling denunciations about fire prevention and fighting, rescue and assistance within the authority granted.

5. Summarize experiences, exchange information, and conduct scientific research on inspection work on fire prevention and fighting, rescue and assistance according to the law.

6. Compile and report to the Branch Chief and the Inspector General of the Ministry on the results of inspection work, complaint and denunciation resolution, and citizen reception according to regulations.

7. Perform other tasks assigned by the Branch Chief.

Article 22. Duties and Authorities of the Chief Inspector of the Fire Prevention, Firefighting, and Rescue Department under the Police Force

1. Submit to the Director for decision on inspections according to the approved plan and when signs of law violations are discovered; establish an inspection team, appoint inspectors, summon inspectors and inspection collaborators to carry out inspections according to the law.

2. Impose administrative penalties according to the provisions of the law on handling administrative violations in the field of fire prevention, firefighting, and rescue.

3. Recommend the Director to resolve issues related to inspection work; if such recommendations are not accepted, report to the Chief Inspector of the Ministry for direction and resolution.

4. Monitor, inspect, and urge the implementation of inspection conclusions, recommendations, and decisions on handling.

5. Report to the Director and the Chief Inspector of the Ministry on the results of inspection work, complaints and denunciations, and public reception within their scope of responsibility.

6. Manage, lead, and direct the Specialized Inspection of the Fire Prevention and Control Police Circular to perform tasks and powers as stipulated in Article 21 of this Decree and other tasks assigned by the Director.

Chapter III

PUBLIC SECURITY INSPECTION ACTIVITIES

Section 1

GENERAL PROVISIONS ON ACTIVITIES

PUBLIC SECURITY INSPECTION

Article 23. Construction and Approval of Inspection Plans

1. Based on the orientation of the inspection program, guidance from the State Inspector General, and the management requirements of the Ministry, the Ministry's Inspectorate shall develop the annual inspection plan of the Ministry of Public Security and submit it to the Minister no later than November 15th. The Minister of Public Security shall be responsible for reviewing and approving the inspection plan no later than November 25th each year.

2. Based on the Ministry's inspection plan and the management requirements of local police units, the Inspector-in-Chief and staff responsible for inspection work in places without an inspection organization shall be responsible for developing the inspection plan and submitting it to the General Corps Commander, Commander, Director, Provincial Public Security Director, Provincial Fire Prevention and Control Police Director, and County Police Chief no later than December 5th. The heads of these units shall be responsible for approving the plan no later than December 15th each year.

3. The inspection plans as stipulated in Clause 1 and Clause 2 of this Article shall be sent to the inspected entities and relevant agencies and organizations.

Article 24. Forms of Inspection and Basis for Issuing Inspection Decisions

1. The inspection activities of the People's Public Security have three forms: planned inspection, regular inspection, and spot inspection. Based on the requirements and tasks of the inspection, the head of the competent authority decides to establish an Inspection Team, an Inspection Group, or appoint an inspector to conduct independent inspections to fulfill the inspection tasks.

2. The basis for issuing inspection decisions is implemented according to Article 38 of the Inspection Law.

Article 25. Publicizing Inspection Conclusions

1. Inspection conclusions must be publicized, except for those containing state secrets.

2. The form, time limit, and scope of publicizing the inspection conclusion, re-inspection conclusion shall be implemented in accordance with Article 39 of the Inspection Law, Article 46 and Article 52 of Decree No. 86/2011/NĐ-CP dated September 22, 2011 of the Government detailing and guiding the implementation of certain provisions of the Inspection Law, and Article 38 of Decree No. 07/2012/NĐ-CP dated February 9, 2012 of the Government regarding agencies assigned to perform specialized inspection functions and specialized inspection activities.

Article 26. Handling the content of inspection conclusions and violations related to inspections

1. The handling and directing the implementation of the content of inspection conclusions shall be carried out in accordance with the provisions of Article 40 of the Inspection Law.

2. The handling of violations by the inspected entity, agencies, units, and individuals related to the inspection shall be carried out in accordance with Article 41 of the Inspection Law and Article 75 of Decree No. 86/2011/NĐ-CP.

3. The handling of violations of laws by the decision-making inspector, the Head of the Inspection Team, the Inspector, the Inspection Collaborator, members of the Inspection Team, dedicated or concurrently serving inspectors performing inspection duties in the People's Public Security shall be carried out in accordance with Article 42 of the Inspection Law and Article 76 of Decree No. 86/2011/NĐ-CP.

Section 2

ADMINISTRATIVE INSPECTION ACTIVITIES

WITHIN THE PEOPLE'S PUBLIC SECURITY

Article 27. Authority to issue decisions on administrative inspections according to plans

1. Based on the approved inspection plan, the Chief Inspector of the Public Security units and localities issues the inspection decision and establishes the Inspection Team to carry out the inspection tasks. In places without an Inspection Organization, the head of the Public Security responsible for inspection issues the inspection decision and establishes the Inspection Team to carry out the inspection tasks.

2. For complex areas and cases involving multiple units and localities, the Minister, Director General, Provincial Public Security Director, Provincial Fire Prevention and Control Director issues the inspection decision and establishes the Inspection Team to carry out the inspection tasks.

3. For particularly complex areas and cases involving management responsibilities at multiple levels and sectors, primarily those of the Ministry of Public Security, based on the inspection plan, the Minister, Provincial Public Security Director, Provincial Fire Prevention and Control Director decides to inspect and establish an inter-sectoral Inspection Team to carry out the inspection tasks.

Article 28. Authority to issue decisions on sudden administrative inspections

1. Spot inspections are conducted when signs of law violations by agencies, organizations, or individuals are discovered; upon request for resolving complaints, accusations, preventing corruption, and waste, or as assigned by the head of the state management agency at the same level.

2. Based on Clause 1 of this Article, the Chief Inspector of the Public Security units and localities issues the spot inspection decision, establishes the Inspection Team to carry out the inspection tasks, and sends the spot inspection decision to the head of the Public Security at the same level for reporting.

3. For complex areas and cases involving management responsibilities of the Public Security of multiple units and localities, the Minister, Director General, Provincial Public Security Director, Provincial Fire Prevention and Control Director issues the spot inspection decision, establishes the Inspection Team to carry out the inspection tasks.

4. For particularly complex areas and cases involving multiple levels and sectors, where the responsibility of the Public Security is primary, the Minister, Provincial Public Security Director, Provincial Fire Prevention and Control Director issues the spot inspection decision and establishes an inter-sectoral Inspection Team to carry out the inspection tasks.

5. The Commander, Director of the Fire Prevention, Firefighting, and Rescue Service, Provincial Public Security Director, Provincial Fire Prevention and Control Director, County Public Security Chief issues the spot inspection decision within their jurisdiction, establishes the Inspection Team to carry out the inspection tasks, and sends the inspection decision to the higher-level Public Security Inspectorate for reporting.

Article 29. Procedure, formalities, and steps for conducting administrative inspections

The procedures, formalities, authorities, and steps for administrative inspections are implemented in accordance with Articles from Article 22 to Article 31 of Decree No. 86/2011/NĐ-CP.

Article 30. Inspection Period

1. The administrative inspection conducted by the Inspection Team of the Ministry of Public Security shall not exceed 45 days; in complex cases, it may be extended but shall not exceed 70 days.

2. Administrative inspections conducted by Departments, Corps, Provinces' Public Security, Fire Prevention and Control shall not exceed 30 days; in mountainous, border, island, remote, and difficult-to-reach areas, the deadline may be extended but not more than 45 days.

3. Administrative inspections conducted by Bureaus, Institutes, Academies, police schools, county public security offices without inspection organizations shall not exceed 20 days; in mountainous, border, island, remote, and difficult-to-reach areas, the deadline may be extended but not more than 30 days.

4. The duration of the inspection is calculated from the date of announcing the inspection decision to the end of the inspection at the inspected location. The extension of the deadline is decided in writing by the person issuing the inspection decision and notified to the inspected entity at least five days before the extension period.

Article 31. Duties and Authorities of the Person Issuing the Inspection Decision, Head of the Inspection Team, and Members of the Administrative Inspection Team

1. The tasks and powers of the person issuing the administrative inspection decision are implemented in accordance with Article 48 of the Inspection Law and relevant articles concerning the tasks and powers of the person issuing the inspection decision stipulated in Decree No. 86/2011/NĐ-CP.

2. The tasks and powers of the Head of the Administrative Inspection Team are implemented in accordance with Article 46 of the Inspection Law and relevant articles concerning the tasks and powers of the Head of the Administrative Inspection Team stipulated in Decree No. 86/2011/NĐ-CP. During the inspection process, the Head of the Inspection Team may use the seal of the main agency conducting the inspection when issuing documents to apply measures to exercise inspection rights; they are responsible under the law, to the person issuing the inspection decision, and the direct manager about the execution of the assigned inspection tasks.

3. The tasks and powers of the members of the Administrative Inspection Team are implemented in accordance with Article 47 of the Inspection Law and relevant articles concerning the tasks and powers of the members of the Inspection Team stipulated in Decree No. 86/2011/NĐ-CP.

Article 32. Re-inspection of Administrative Inspections in the People's Public Security Force

1. Re-inspection is the examination, evaluation, and handling of inspection conclusions when signs of violation of laws are discovered during the inspection process or in the inspection conclusion.

2. Authority for re-inspection:

a) The Minister of Public Security decides to re-examine a case that has been concluded by the Inspector General of the Ministry, the Director-General, the Commander, the Director of the Fire Prevention, Firefighting and Rescue Police Department, the Provincial Police Chief, or the Provincial Fire Prevention and Firefighting Chief but where signs of violation of laws have been discovered.

b) The Inspector General of the Ministry decides to re-examine a case that has been concluded by the Inspector General or the Head of the unit without an inspection organization of the People's Public Security Units at various levels but where signs of violation of laws have been discovered.

3. Re-inspection activities shall be carried out in accordance with Articles 48 to 52 of Decree No. 86/2011/NĐ-CP.

Section 3

INSPECTION ACTIVITIES OF THE PEOPLE'S PUBLIC SECURITY

Article 33. Authority to Issue Specialized Inspection Decisions

1. The Minister of Public Security issues a decision to inspect when it is deemed necessary or when inspecting areas under the management of the Ministry of Public Security involving multiple levels and sectors; re-examines cases within the scope of national administrative management of the Ministry of Public Security that have been concluded by the Chairman of the Provincial People's Committee or the Inspector General of the Ministry but where signs of violation of laws have been discovered.

2. The Inspector General of the Ministry issues a decision to inspect areas under the national administrative management of the Ministry of Public Security according to plans approved by the Minister of Public Security; conducts surprise inspections on Ministries, sectors, groups, total companies operating nationwide or related to many localities and Provincial People's Committees; re-examines cases within the scope of national administrative management of the Ministry of Public Security that have been concluded by the Director of the Fire Prevention, Firefighting and Rescue Police Department, the Provincial Police Chief, or the Provincial Fire Prevention and Firefighting Chief but where signs of violation of laws have been discovered; re-examines cases within the scope of national administrative management 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 have been discovered upon assignment by the Minister of Public Security.

3. The Provincial Police Chief and the Provincial Fire Prevention and Firefighting Chief issue decisions to inspect areas under the national administrative management of the Ministry of Public Security according to plans approved by the Minister; decide to conduct surprise inspections on the responsibilities of the heads of provincial departments, sectoral chiefs, and Chairmen of District People's Committees within their jurisdiction when necessary or related to multiple sectors, levels, and companies, enterprises within their jurisdiction; re-examine cases within the scope of national administrative management of the Ministry of Public Security that have been concluded by the Inspector General of the Provincial Public Security, the Inspector General of the Provincial Fire Prevention and Firefighting Service, or the Chairman of the District People's Committee but where signs of violation of laws have been discovered.

4. The Director of the Fire Prevention, Firefighting and Rescue Police Department, the Inspector General of the Provincial Public Security, and the Inspector General of the Provincial Fire Prevention and Firefighting Service issue decisions to inspect and conduct surprise inspections on areas under their authority; re-examine cases within their management authority that have been concluded by the Chairman of the District People's Committee but where signs of violation of laws have been discovered upon assignment by the Provincial Police Chief or the Provincial Fire Prevention and Firefighting Chief.

Article 34. Tasks and Authorities of the Head of the Specialized Inspection Team

1. During the inspection process, the Head of the Inspection Team has duties and powers as stipulated in Article 53 of the Inspection Law and other relevant provisions concerning the duties and powers of the Head of the specialized inspection team as prescribed in Decree No. 07/2012/NĐ-CP. During the inspection process, the Head of the Inspection Team may use the seal of the leading agency conducting the inspection when issuing documents to apply measures to exercise inspection rights; bears responsibility before the law, before the person who issued the inspection decision, and the direct manager regarding the performance of assigned inspection tasks.

2. Based on the inspection decision, the Head of the Inspection Team issues a written notice to the direct head of the inspected entity and those involved to inform about the time, place, and participants for the announcement of the inspection decision or conclusion.

3. The Head of the Inspection Team is responsible for drafting the inspection conclusion, soliciting opinions on the draft conclusion from the person who signed the inspection decision, and organizing the announcement of the inspection conclusion if assigned or authorized by the person who issued the inspection decision.

Article 35. Tasks and Authorities of Members of the Specialized Inspection Team

1. During the inspection process, members of the specialized inspection team have duties and powers as stipulated in Clause 1 and Clause 2 of Article 54 of the Inspection Law.

2. Develop a plan to implement assigned tasks for approval by the Head of the Inspection Team and organize implementation according to the plan; report to the Head of the Inspection Team or the person who issued the inspection decision for decision-making when unexpected issues arise outside the plan.

Article 36. Tasks and Authorities of the Person Issuing the Specialized Inspection Decision

1. The person issuing the inspection decision shall perform tasks and exercise authorities as prescribed in Article 55 of the Inspection Law.

2. Decide on the form of soliciting opinions from the inspected entity on the draft inspection conclusion.

3. Decide on the form of publicizing the inspection conclusion in accordance with the law.

Article 37. Procedure, Formalities, and Steps for Conducting Specialized Inspections

The procedures, steps for conducting specialized inspections are implemented in accordance with Articles 17 to 28 of Decree No. 07/2012/NĐ-CP.

Article 38. Inspection Period

1. A specialized inspection conducted by the Inspection Team of the Ministry of Public Security or the Ministry's Inspectorate, or the specialized inspectorate of the Fire Prevention, Firefighting and Rescue Police Department shall not exceed 45 days, and in complex cases, it can be extended but not more than 70 days.

2. A specialized inspection conducted by the Inspection Team of the Provincial Public Security, Provincial Fire Prevention and Firefighting Service, or the Provincial Public Security Inspectorate and Provincial Fire Prevention and Firefighting Inspectorate shall not exceed 30 days, and in complex cases, it can be extended but not more than 45 days.

3. The duration of an inspection is calculated from the date of announcing the inspection decision to the end of the inspection at the inspected location. Any extension of the inspection period must be decided in writing by the person who issued the inspection decision and notified to the inspected entity at least five days in advance.

Section 4

IMPLEMENTATION OF RIGHTS IN INSPECTION ACTIVITIES,

 INSPECTION FILES, TRANSFER OF CASES WITH

SIGNS OF CRIMES TO THE INVESTIGATION AUTHORITY

Article 39. Implementation of rights in inspection activities

1. The request for the inspected entity, agency, organization, or individual to provide information, documents, and explanations regarding issues related to the inspection content shall be carried out in accordance with the provisions of Article 34 and Article 35 of Decree No. 86/2011/NĐ-CP; those information, documents, reports, and explanations containing contents related to state secrets must be received, managed, used, and handed over in accordance with the laws on protecting state secrets.

2. Sealing documents, inventorying assets, requesting expert opinions, temporarily suspending illegal acts, temporarily holding money, objects, permits, freezing accounts, recovering money, property that has been embezzled, misused, or lost due to unlawful acts shall be carried out in accordance with the provisions from Article 36 to Article 42 of Decree No. 86/2011/NĐ-CP.

Article 40. Inspection Files

1. Inspections must be documented in accordance with the provisions of Article 59 of the Inspection Law and Article 43 of Decree No. 86/2011/NĐ-CP.

2. The Minister of Public Security shall specify in detail the procedures for establishing, transferring, managing, and using inspection files within the Public Security Force.

Article 41. Transfer of case files with signs of criminal offenses to investigative agencies

During the inspection process or upon completion of the inspection, if violations indicative of criminal offenses are discovered, the person issuing the inspection decision must transfer the case file to the competent investigative authority and notify in writing the People's Procuracy at the same level in accordance with the provisions of Article 44 and Article 45 of Decree No. 86/2011/NĐ-CP.

The investigative authority is responsible for receiving the case file and performing its duties in accordance with the provisions of Article 60 of the Inspection Law and Article 44 of Decree No. 86/2011/NĐ-CP.

Chapter IV

INSPECTORS IN THE PEOPLE'S PUBLIC SECURITY

AND ASSISTANT INSPECTORS OF THE PEOPLE'S PUBLIC SECURITY

Article 42. Inspectors in the Public Security Force

1. Police officers of the People's Public Security who meet the qualifications prescribed by law and are assigned to perform specialized inspection tasks may be considered for appointment to the Inspector rank within the People's Public Security by the Minister of Public Security in accordance with the law.

2. Inspectors in the Public Security Force have the following tasks and powers:

a) Conduct inspections when there is a decision from the head of the inspection agency or the authorized head of the Public Security agency; in urgent cases, apply measures as prescribed by law to prevent and handle violations, while immediately reporting to the Chief Inspector of the Public Security at the same level and bearing responsibility under the law for their handling measures;

b) When conducting administrative inspections, they must comply with the provisions of Article 47 of the Inspection Law and other relevant regulations;

c) When conducting specialized inspections, they must comply with the provisions of Article 54 of the Inspection Law and other relevant regulations;

d) Verify the content of complaints, denunciations, public reception; prevent and combat corruption and waste, and other tasks assigned by the head of the inspection agency or the head of the same-level police agency;

đ) When having a plan approved by the authorized head of the police agency, they may use specialized technical means and equipment for inspection work.

Article 43. Standards for Inspector Ranks and Appointment, Removal, Issuance of Inspector Cards for Inspectors in the People's Public Security Force

1. The general standards for Inspectors in the People's Public Security Force shall be implemented in accordance with the provisions of Article 32 of the Inspection Law.

2. Specific criteria for Inspectors in the People's Public Security are implemented in accordance with the regulations of the Prime Minister. Inspectors performing specialized inspection tasks must, in addition to meeting the qualifications of their current position, have knowledge of the specialized field they are assigned to inspect.

3. Appointments, dismissals, and transfers among Inspector ranks are decided by the Minister of Public Security; issuance, replacement, and revocation of Inspector cards in the People's Public Security are carried out in accordance with the law.

Article 44. Collaborators for Inspection in the People's Public Security Force

1. Assistant Inspectors of the People's Public Security, recruited according to the law to participate in Inspection Teams, must be individuals with appropriate expertise and professional qualifications for the inspection tasks, good political and moral qualities, sense of responsibility, honesty, objectivity, and fairness.

2. Assistant Inspectors of the People's Public Security carry out tasks as assigned by the Team Leader or Inspector in the People's Public Security; they can propose issues related to the inspection content within their assigned scope and tasks; report the results of their tasks to the Team Leader or the person who issued the recruitment decision; bear responsibility before the Team Leader and the head of the inspection agency for the accuracy and honesty of the reported content.

Article 45. Policies and Benefits for Inspectors and Collaborators for Inspection in the People's Public Security Force

1. Inspectors in the People's Public Security Force shall enjoy benefits according to the regulations for armed forces personnel and additional allowances for Inspectors as stipulated by the Prime Minister.

2. During participation in Inspection Teams, Collaborators for Inspection in the People's Public Security Force shall be provided with working conditions, means of work, and other rights equivalent to those of members of the Inspection Team.

3. The Minister of Public Security provides detailed guidelines on the standards for Assistant Inspectors, remuneration policies, and incentives suitable for the characteristics of inspection activities in the People's Public Security.

Article 46. Budget for Summoning Collaborators for Inspection in the People's Public Security Force

1. The budget for summoning Collaborators for Inspection shall be funded from the state budget according to the approved budget estimate.

2. Annually, inspection agencies in the People's Public Security prepare budgets for recruiting Assistant Inspectors and submit them to the financial authorities at the same level. Financial authorities at the same level are responsible for compiling and submitting for approval by the competent authority.

Chapter V

STATE MANAGEMENT OF INSPECTION WORK AND ENSURING

INSPECTION WORK IN THE PEOPLE'S PUBLIC SECURITY

Article 47. State Management Authority and Content of Inspection Work

1. The Minister of Public Security uniformly manages state administration of inspection work in the People's Public Security; heads of public security units and localities are responsible for managing inspection work within their jurisdiction.

2. The Inspectorate of the Ministry shall be responsible for assisting the Minister in managing state administration over inspection work within the People's Public Security.

Local public security inspection agencies and dedicated or part-time inspectors where there is no inspection organization assist the head of the public security agency at the same level in managing inspection work within their assigned jurisdiction.

3. The content of state management includes:

a) Proposing competent authorities to issue or issuing within their authority legal documents on inspection and guiding and organizing the implementation of such legal documents;

b) Promulgating and educating about legal regulations on inspection;

c) Inspecting, supervising, and checking the implementation of legal regulations on inspection; handling violations of laws on inspection;

d) Implementing information and reporting systems on inspection work within the assigned jurisdiction;

đ) Summarizing practical experiences, conducting scientific research to serve various aspects of inspection work of the People's Public Security Force;

e) Improving organizational structures, strengthening staff, implementing policies and ensuring necessary conditions for inspection activities;

g) Training and enhancing inspection skills for heads and staff engaged in inspection work of the People's Public Security Force;

h) Resolving complaints and reports related to inspection activities in accordance with the law;

i) International cooperation in the fields of inspection work in the People's Public Security Force.

Article 48. Collection of Information by State Inspection Agencies

The collection of information by national inspection agencies in the People's Public Security is carried out in accordance with the provisions from Article 66 to Article 69 of Decree No. 86/2011/NĐ-CP.

Article 49. Reporting System on Inspection Work

The reporting system for inspection work in the People's Public Security is implemented in accordance with the provisions from Article 60 to Article 65 of Decree No. 86/2011/NĐ-CP.

Article 50. Responsibilities of Heads of State Administrative Bodies at All Levels and Sectors for Inspection Activities of the People's Public Security

Heads of state management agencies at all levels and sectors, and heads of agencies entrusted with specialized inspection functions within their scope of duties and powers are responsible for organizing, directing, ensuring funding and other necessary conditions for inspection activities; directing the handling, implementing recommendations, conclusions, and decisions on inspection matters as prescribed.

Article 51. Responsibilities of the Minister of Public Security and Heads of Public Security Units and Localities in Organizing and Directing Inspection Activities

1. Leading and directing inspection activities, being accountable to higher-level authorities regarding inspection work within their management scope.

2. Strengthen organizational structures, appoint, dismiss, or propose to the competent authority to appoint, dismiss, or remove from office inspection positions in the People's Public Security; allocate capable and qualified personnel to inspection work.

3. Implement policies for Inspectors, Assistant Inspectors, and dedicated or part-time inspectors in the People's Public Security. Direct competition, commendation, and punishment for violations in inspection activities of the People's Public Security as prescribed.

4. Regularly inspecting and supervising the responsibility of units and individuals under their management in implementing laws on inspection.

5. Directing the development and approval of inspection programs and plans of inspection agencies and agencies entrusted with specialized inspection functions within the People's Public Security.

6. Regularly listen to reports from inspection agencies under direct management about inspection work; promptly resolve difficulties and obstacles in inspection work; handle overlapping activities in inspection and supervision within their authority.

7. Promptly handling inspection conclusions.

8. Utilize inspection results to enhance the effectiveness of state management in safeguarding national security and maintaining social order and safety, building forces and other aspects of work in the People's Public Security.

9. Ensuring financial resources, equipping material infrastructure, and other necessary conditions for inspection activities of the People's Public Security.

10. Direct the handling of complaints arising from inspection activities in accordance with the provisions of the law on complaints; direct the handling of reports arising from inspection activities in accordance with the provisions of the law on reports; direct the handling of violations by the inspected subjects and related agencies, organizations, and individuals in accordance with the provisions of the law; direct the handling of violations by the decision-making inspector, members of the inspection team, dedicated or part-time inspectors regarding the performance of inspection tasks at places without inspection organizations.

11. Implementing the reporting system on inspection work in accordance with the regulations.

Article 52. Ensuring the Implementation of Inspection Conclusions and Decisions on Handling Inspections

1. The Minister of Public Security and the Heads of Public Security units and localities within their respective duties and authorities shall be responsible for promptly addressing inspection conclusions and recommendations; issuing decisions on inspection handling; applying measures within their authority to handle agencies, organizations, and individuals who have committed violations; promptly rectifying weaknesses and shortcomings in management work.

2. Inspection conclusions and decisions on handling inspections must be strictly complied with by the inspected entities, agencies, organizations, and individuals related to the inspection.

3. Agencies, organizations, and individuals that are the objects of inspection and those related to them shall be responsible for implementing inspection recommendations, conclusions, and handling decisions; if they fail to comply, they will be subject to disciplinary action, administrative violation handling, or criminal responsibility pursuit depending on the nature and severity of the violation; if damage is caused, they must provide compensation or restitution in accordance with the law.

4. The Heads of Inspection Units in Public Security units and localities within their respective duties and authorities shall be responsible for monitoring, urging, and inspecting the implementation of inspection conclusions and handling decisions.

Article 53. Ensuring Funding for the Activities of People's Public Security Inspection and Inspection Collaborators

The operating funds of the People's Public Security Inspection and Inspection Collaborators shall be guaranteed by the state budget according to the current budget management hierarchy. Management and use of the budget shall be carried out in accordance with the State Budget Law and guiding documents.

Article 54. The use of seals and accounts of inspection agencies within the People's Public Security

1. Inspection agencies within the People's Public Security specified in Points a, b, and d of Clause 1 and Clause 2 of Article 3 of this Decree shall have their own seals.

2. The Ministry-level Inspection, the specialized inspection of the Fire Prevention and Fighting, Search and Rescue Department, the Provincial Police Inspection, and the Provincial Fire Prevention and Fighting Inspection shall have separate accounts.

3. Other inspection agencies within the People's Public Security shall use the accounts of the same-level managing agencies.

Chapter VI

IMPLEMENTING PROVISIONS

Article 55. Effective Date

This Decree takes effect from July 1, 2014, and replaces Government Decree No. 63/2006/NĐ-CP dated June 23, 2006, on the organization and operation of the People's Public Security Inspection.

All previous regulations related to the organization and operation of People's Public Security Inspection that conflict with this Decree shall be abolished.

Article 56. Responsibility for Enforcement

1. The Minister of Public Security shall be responsible for guiding the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of provincial and centrally-administered city People's Committees, Heads of agencies, units, and individuals related to this Decree shall be responsible for its implementation./.