Decree No. 46/2003/NĐ-CP on the functions, tasks, powers, and organizational structure of the State Audit Office

DECREE

Specifies the functions, tasks, powers, and organizational structure of the Voice of Vietnam Radio Station

organizational structure of the State Inspectorate

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THE GOVERNMENT

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

Pursuant to Resolution No. 02/2002/QH11 dated August 5, 2002 of the National Assembly of the Socialist Republic of Vietnam, Session XI, first meeting, listing the ministries and ministerial-level agencies of the Government;

Considering the proposal of the Head of the Cadre and Civil Service Department,

At the proposal of the State Inspector General and the Minister of Home Affairs,

DECREE:

Article 1. Position and Functions

The State Inspectorate is a ministerial-level agency of the Government with the function of state management over inspection work, handling complaints and denunciations; implementing inspection rights, handling complaints and denunciations, and preventing and combating corruption within its jurisdiction.

Article 2. Duties and powers

The State Inspectorate is responsible for performing duties and exercising powers as prescribed in Decree No. 86/2002/NĐ-CP dated November 5, 2002 of the Government on the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies, and the following specific duties and powers:

1. Submitting draft laws, ordinances, and other regulatory legal documents concerning inspection, handling complaints and denunciations, and preventing and combating corruption to the Government and the Prime Minister;

2. Submitting strategies, programs, and long-term, five-year, and annual plans concerning inspection, handling complaints and denunciations, and preventing and combating corruption to the Government and the Prime Minister;

3. Issuing decisions, directives, and circulars on inspection, handling complaints and denunciations, and preventing and combating corruption;

4. Directing, guiding, inspecting, and being responsible for implementing regulatory legal documents, strategies, programs, and plans after approval, and other legal documents within its scope of management; providing information, propaganda, dissemination, and education on laws related to inspection, handling complaints and denunciations, and preventing and combating corruption;

5. Regarding inspections:

a) Inspecting the implementation of policies, laws, tasks, powers, and management responsibilities of ministries, ministerial-level agencies, government agencies, provincial people's committees, and municipal people's committees directly under the central government.

Inspecting matters related to the management responsibilities of multiple ministries, ministerial-level agencies, government agencies, and matters involving the responsibilities of multiple provinces and municipalities directly under the central government.

Inspecting cases directly assigned by the Prime Minister;

b) Guiding ministries, ministerial-level agencies, government agencies, provincial people's committees, and municipal people's committees directly under the central government in building and implementing inspection programs and plans at the ministry, sector, and local levels;

c) Directing and guiding professional inspection work for inspection organizations; guiding inspection techniques for people's inspection organizations;

d) Requesting ministers, heads of ministerial-level agencies, heads of government agencies, chairpersons of provincial people's committees, and chairpersons of municipal people's committees directly under the central government to conduct inspections or re-inspections of cases within their scope of management responsibility;

đ) Taking the lead in resolving overlaps in time and content of inspections and audits conducted by inspection teams from different ministries, ministerial-level agencies, government agencies, provincial people's committees, and municipal people's committees directly under the central government;

e) Suspending the execution, amending, or revoking improper recommendations or decisions made by lower-level state inspection organizations; resolving inconsistencies between inspection activities, complaint and denunciation resolution among ministries, ministerial-level agencies, government agencies, and between provincial and municipal inspection organizations and their respective heads;

f) During the performance of inspection tasks, may summon inspection officers from various levels and sectors; requesting relevant agencies and units to assign staff to participate; exercising the rights and responsibilities of inspection organizations as stipulated by law; handling economic and administrative violations according to the regulations of the Government;

6. Regarding handling complaints and denunciations:

a) Receiving and processing letters of complaint and denunciation; organizing meetings with citizens who come to complain or denounce within the authority;

b) Investigating, concluding, and recommending solutions or making decisions to resolve complaints within the authority of the Prime Minister;

c) Recommending the Prime Minister to reconsider final decisions on complaints resolved by ministers, heads of ministerial-level agencies, and chairpersons of provincial people's committees and municipal people's committees directly under the central government when violations of the law causing damage to national interests, citizens' rights, and legitimate interests of organizations are discovered;

d) Investigating, concluding, and recommending measures to handle cases of denunciation within the authority of the Prime Minister when assigned by the Prime Minister;

đ) Reviewing and concluding on the content of denunciations that have been resolved by ministers, heads of ministerial-level agencies, heads of government agencies, and chairpersons of provincial people's committees and municipal people's committees directly under the central government but found to be in violation of the law; if the conclusion is that the resolution of the denunciation violated the law, recommending the person who resolved it to review and resolve again;

e) Reviewing and making decisions to resolve complaints and denunciations within the authority of the State Inspector General;

f) During the process of handling complaints and denunciations, exercising the rights and responsibilities of inspection organizations as stipulated by law on complaints and denunciations;

7. Regarding prevention and combating corruption:

a) Leading and coordinating with the Ministry of Public Security, the Ministry of Defense, and related agencies to assist the Prime Minister in guiding, urging, and inspecting all levels and sectors in preventing, detecting acts of corruption, and dealing with individuals involved in corruption;

b) Compiling situations and reporting to the Prime Minister and the Government on anti-corruption efforts nationwide;

8. Implementing international cooperation in the fields of inspection, handling complaints and denunciations, and preventing and combating corruption as prescribed by law;

9. Inspecting and auditing the inspection, handling complaints and denunciations, and preventing and combating corruption activities of various sectors and levels as prescribed by law;

10. Organize and direct the implementation of scientific research plans and the application of advanced science and technology in the field of inspection, complaint resolution, accusation handling, and prevention and struggle against corruption;

11. Decide and direct the implementation of the administrative reform program of the State Inspectorate according to the goals and contents of the national administrative reform program approved by the Prime Minister;

12. Manage and direct the activities of affiliated public service organizations under the State Inspectorate in accordance with the provisions of the law;

13. Guide, urge, and inspect the implementation of legal provisions regarding the organization and cadres of the inspection sector; organize specialized training and professional development for inspection officials and civil servants;

Submit to the Prime Minister for appointment, dismissal, and removal from office of the Chief Inspectors of ministries, agencies at the ministerial level, government agencies, and senior inspectors; appoint, dismiss, and remove from office the Chief Inspectors of provincial-level cities directly under the central government and principal inspectors in accordance with the provisions of the law;

Manage organizational structure and staffing; implement salary systems and incentive policies, rewards, and disciplinary measures for officials, civil servants, and employees under the State Inspectorate;

14. Manage finances and assets assigned and organize the implementation of allocated budgets in accordance with the provisions of the law;

Article 3. The organizational structure of the State Inspectorate

a) Organizations assisting the Chief State Inspector in performing state management functions:

1. Department of Inspection and Complaint Resolution in the economic sector (referred to as Department I);

2. Department of Inspection and Complaint Resolution in the comprehensive economic sector (referred to as Department II);

3. Department of Inspection and Complaint Resolution in the internal affairs - cultural and social sector (referred to as Department III);

4. Department of Inspection and Complaint Resolution in the local sector (referred to as Department IV);

5. Department of Public Reception and Mail Handling;

6. Legal Affairs Department;

7. Department of Organization and Cadres;

8. Office.

b) Affiliated public service organizations under the State Inspectorate:

1. Institute of Inspection Science;

2. Inspection Cadre School;

3. Computing Center;

4. Inspection Magazine;

5. Inspection Newspaper;

Article 4. Effective date

This Decree takes effect fifteen days after its publication in the Official Gazette.

Repeal Article 1 of Decree No. 244-HĐBT dated June 30, 1990 of the Council of Ministers on the organization of the State Inspectorate system and measures to ensure inspection activities;

Article 5. Responsibility for Implementation

The Chief State Inspector, ministers, heads of agencies at the ministerial level, heads of government agencies, chairpersons of provincial people's committees directly under the central government shall be responsible for implementing this Decree./.