Joint Circular No. 475/2009/TTLT-TTCP-BNV guiding the functions, tasks, powers, and organizational structure of Provincial Inspectorates, Inspectorates of centrally governed cities, District Inspectorates, Town Inspectorates, and Inspectorates of provincial cities.

JOINT CIRCULAR

Guidelines on functions, tasks, powers, and organizational structure of provincial inspection bodies, centrally-administered city inspection bodies, district, town, urban district, and provincial city inspection bodies.

central city, county inspection agency, district inspection agency, provincial city inspection agency, town inspection agency

______________________________________

Pursuant to Decree No. 13/2008/NĐ-CP dated February 4, 2008 of the Government stipulating the organization of specialized agencies under the People's Committees of provinces and centrally-administered cities.

Pursuant to Decree No. 14/2008/NĐ-CP dated February 4, 2008 of the Government stipulating the organization of specialized agencies under the People's Committees of counties, districts, towns, and provincial cities;

Pursuant to Decree No. 14/2008/NĐ-CP dated February 4, 2008 of the Government stipulating the organization of specialized agencies under the People's Committees of districts, towns, urban districts, and provincial cities.

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

Pursuant to Decree No. 48/2008/NĐ-CP dated April 17, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

The State Audit Office and the Ministry of Home Affairs issue guidelines on the functions, tasks, powers, and organizational structure of provincial inspection bodies, centrally-administered city inspection bodies, district, town, urban district, and provincial city inspection bodies as follows:

PART I

PROVINCIAL INSPECTORS AND CITY INSPECTORS UNDER THE CENTRAL GOVERNMENT

||| Article 1. Position and Function of Provincial Inspectors

1. Provincial inspection bodies (hereinafter referred to as provincial inspection bodies) are agencies equivalent to departments under the People's Committees of provinces and centrally-administered cities (hereinafter referred to as provincial-level People's Committees), having the function of advising and assisting provincial-level People's Committees in performing state management functions related to inspection, handling complaints and denunciations; implementing inspection, complaint, and denunciation tasks and anti-corruption measures within the scope of management of provincial-level People's Committees.

2. The Provincial Inspection Agency has legal personality, its own seal and separate account; it is subject to the direction and management regarding organization, staffing, and personnel work of the provincial People's Committee directly by the Chairman of the provincial People's Committee, while also being subject to the direction, supervision, and guidance on work, organization, and professional matters from the Government Inspectorate.

||| Article 2. Tasks and Authorities of Provincial Inspectors

Provincial inspection bodies have legal personality, their own seals and separate bank accounts; they are subject to direction and management regarding organization, staffing, and work from provincial-level People's Committees directly from the Chairperson of provincial-level People's Committees, while also being subject to direction, supervision, guidance on work, organization, and professional matters from the State Audit Office.

1. Submit to the provincial People's Committee:

||| a) Draft decisions, directives, and other documents within the authority of the Provincial People's Committee concerning the fields of inspection, complaint resolution, denunciation resolution, and anti-corruption;

||| b) Draft planning for five-year and annual programs; plans, projects, measures to organize the implementation of administrative reform tasks in the fields under assigned state management;

c) Draft regulatory legal documents specifying the criteria for positions at the level of Director, Deputy Director of organizations under the Provincial Inspection Agency; Chief Inspector, Deputy Chief Inspector of the Department of Inspection, Chief Inspector, Deputy Chief Inspector of the county, district, town, and provincial city Inspection Agencies.

2. Submitting to the Chairman of the Provincial People's Committee:

||| a) Draft individual decisions and directives on inspection work, complaint resolution, denunciation resolution, and anti-corruption within the authority to issue by the Chairman of the Provincial People's Committee;

Provincial inspection bodies perform duties and powers as prescribed by laws on inspection, complaints, denunciations, anti-corruption, and specific duties and powers as follows:

c) Drafting normative legal documents specifying standards for positions at the provincial inspection body level, including the Chief Inspector, Deputy Chief Inspectors of Departments, Chief Inspectors, and Deputy Chief Inspectors of district, town, urban district, and provincial city inspection bodies.

3. Implement legal documents, programs, and plans on inspection, complaint resolution, accusation handling, and anti-corruption after approval; provide information, propaganda, dissemination, and legal education on inspection, complaint resolution, accusation handling, and anti-corruption.

b) Drafting annual inspection programs and other programs and plans as prescribed by law.

5. Direct, guide, and inspect the organizational and professional work of inspection, complaint resolution, and accusation handling for county Inspectors, Department Inspectors, and inspection staff of agencies and units directly managed by the provincial People's Committee.

6. Regarding inspections:

3. Implementing legal documents, programs, and plans on inspection, complaint resolution, and anti-corruption after approval; providing information, propaganda, dissemination, and education on laws related to inspection, complaint resolution, and anti-corruption.

b) Inspect the implementation of policies, laws, and tasks of the county, district, town, and provincial city People's Committees, and specialized agencies under the provincial People's Committee (referred to collectively as departments);

4. Directing, guiding, and supervising the implementation of laws on inspection, complaint resolution, and anti-corruption by Chairpersons of district-level People's Committees and Directors of departments.

d) Inspect other cases assigned by the Chairman of the provincial People's Committee;

5. Directing, guiding, and supervising the organization and professional work of inspection, complaint resolution by district inspection bodies, departmental inspection bodies, and inspection staff of agencies and units directly managed by provincial-level People's Committees.

7. On handling complaints and denunciations:

a) Guide the county People's Committees and agencies and units under the management of the provincial People's Committee to implement citizen reception, handling of complaints and accusations, resolution of complaints and accusations; implement citizen reception at their workplaces according to regulations;

a) Guiding, inspecting, and urging the establishment and implementation of inspection programs by district inspection bodies and departmental inspection bodies.

||| c) Verify, conclude, and recommend the resolution of complaints and denunciations within the authority of the Chairman of the Provincial People's Committee when assigned.

d) Review and conclude on the content of accusations that have been resolved by the Chairman of the county People's Committee or the Department Director but found to violate the law; if the conclusion of the resolution is found to violate the law, recommend that the person who resolved the matter reconsider and resolve it again according to regulations;

b) Inspecting the implementation of policies and laws, and tasks of district, town, urban district, and provincial city People's Committees, and specialized agencies under provincial-level People's Committees (collectively referred to as departments).

8. On anti-corruption:

a) Inspect the implementation of laws and regulations on anti-corruption by departments, county People's Committees, and units under the management of the provincial People's Committee;

c) Inspecting cases involving the responsibility of multiple district, town, urban district, and provincial city People's Committees or multiple departments.

c) Manage declarations of assets and income; conduct verification of asset and income declarations in accordance with the law on anti-corruption;

d) Inspecting other cases assigned by the Chairperson of provincial-level People's Committees.

9. During the process of performing inspection duties, complaint resolution, and anti-corruption, exercise the powers of the Provincial Inspection Agency as prescribed by law; request relevant agencies and units to assign officials and civil servants to participate in inspection teams, complaint resolution, and accusation handling.

10. Implement international cooperation in the field of inspection, handling complaints and denunciations, preventing and combating corruption in accordance with the provisions of the law and the division of responsibilities or delegation of the provincial People's Committee and the Government Inspectorate.

11. Organize research and application of scientific and technological progress; build databases to serve state management and professional tasks assigned.

12. Organize mid-term and final reviews, draw lessons from inspection activities, handling complaints and denunciations, preventing and combating corruption. Carry out information, synthesis, and reporting on the results of inspection work, handling complaints and denunciations, preventing and combating corruption in accordance with the regulations of the provincial People's Committee and the Government Inspectorate.

13. Define the functions, tasks, and powers of the provincial inspectorate office and its specialized departments; manage staffing, implement salary systems and incentive policies, training, commendation, and disciplinary measures for officials and civil servants under the management of the provincial inspectorate in accordance with the law and the delegation of the provincial People's Committee.

14. Manage and utilize financial resources and assets allocated in accordance with the law and the delegation of the provincial People's Committee.

15. Perform other tasks assigned by the provincial People's Committee and as stipulated by the law.

Article 3. Leadership of the Provincial Inspectorate

1. The Provincial Inspectorate has one Chief Inspector and not more than three Deputy Chief Inspectors; for Hanoi and Ho Chi Minh City, not more than four Deputy Chief Inspectors.

2. The Chief Inspector of the Provincial Inspectorate is the head of the Provincial Inspectorate, responsible before the People's Committee, the Chairman of the Provincial People's Committee, and the law for all activities of the Provincial Inspectorate.

The appointment, dismissal, and removal of the Provincial Inspector General shall be decided by the Chairman of the provincial People's Committee based on professional standards issued by the Government Inspectorate and after consultation with the Chief Inspector.

3. The Deputy Provincial Inspector General assists the Provincial Inspector General and is responsible before the Provincial Inspector General and the law for the tasks delegated; when the Provincial Inspector General is absent, a Deputy Provincial Inspector General appointed by the Provincial Inspector General shall lead the activities of the provincial inspectorate.

The appointment, dismissal, and removal of the Deputy Provincial Inspector General shall be decided by the Chairman of the provincial People's Committee based on professional standards issued by the Government Inspectorate and upon recommendation of the Provincial Inspector General.

4. Commendations, disciplinary actions, and other policy benefits for the Chief Inspector and Deputy Chief Inspectors of the Provincial Inspectorate are implemented as prescribed by law.

Article 4. Organizational Structure of the Provincial Inspectorate

1. The organizations established under the Provincial Inspectorate include:

a) Office;

b) Inspection Departments for handling complaints and denunciations shall be established according to fields and administrative units under the management of the provincial People's Committee; they shall be named as Department of Inspection and Complaint Handling 1, 2, 3...

These Inspection Departments assist the Provincial Inspector General in performing state management functions regarding inspection work, handling complaints and denunciations within their respective fields and areas under the management of the provincial People's Committee; they carry out inspection tasks, handling complaints and denunciations, and preventing and combating corruption within their designated responsibilities.

c) Specialized departments shall be established in accordance with the characteristics of each locality, ensuring comprehensive coverage of all fields and aspects of the provincial inspectorate's work, including: Legal Affairs; Synthesis; Anti-Corruption and Post-Inspection Follow-Up or other tasks as prescribed by law.

2. Based on the nature, characteristics, and requirements of state management for inspection work, handling complaints and denunciations, and preventing and combating corruption at the local level, the Provincial Inspector General, in collaboration with the Director of the Department of Home Affairs, shall submit to the Chairman of the provincial People's Committee for decision on the number and names of specialized departments under the provincial inspectorate, but not exceeding six departments and offices; for Hanoi and Ho Chi Minh City, this limit does not exceed eight.

Article 5. Staffing of the Provincial Inspectorate

1. The administrative staffing of the provincial inspectorate is determined by the provincial People's Committee within the total administrative staffing of the province allocated by the central government.

2. Based on staffing norms, workload, and the specific and complex nature of inspection work, handling complaints and denunciations, and preventing and combating corruption, the provincial People's Committee shall allocate staffing for the provincial inspectorate to ensure sufficient manpower to meet assigned tasks.

Chapter II

INSPECTION OF DISTRICTS, COUNTIES, TOWNS, AND PROVINCE-GOVERNED CITIES

Article 6. Position and Functions of the District, County, Town, and Province-Governed City Inspectors

1. The district inspectorate (hereinafter referred to as the district inspectorate) is a specialized agency under the district People's Committee (hereinafter referred to as the district People's Committee) with the function of advising and assisting the district People's Committee in performing state management functions related to inspection work, handling complaints and denunciations; implementing inspection tasks, handling complaints and denunciations, and preventing and combating corruption as prescribed by law.

2. The district inspectorate has its own seal; it is subject to the direction and management of organization, staffing, and personnel work by the district People's Committee directly by the Chairman of the district People's Committee, while also being subject to guidance, supervision, and professional direction by the provincial inspectorate.

Article 7. Duties and powers of the County Inspectorate

The County Inspectorate performs duties and powers as prescribed by laws on inspection, handling complaints and denunciations, preventing and combating corruption, and specific duties and powers as follows:

1. Submit decisions and directives of the district People's Committee on inspection work, handling complaints and denunciations, and preventing and combating corruption; programs and measures to organize the implementation of administrative reform tasks within the scope of state management assigned.

2. Submit annual inspection programs and other programs as required by law to the Chairman of the district People's Committee.

3. Implement legal documents, programs, and plans after approval by the district People's Committee or the Chairman of the district People's Committee.

4. Provide information, propaganda, dissemination, and education on laws related to inspection work, handling complaints and denunciations, and preventing and combating corruption; guide professional work on inspection, handling complaints and denunciations, and preventing and combating corruption for village, town, and ward officials.

5. Guide, inspect, and urge the Chairmen of village People's Committees and Heads of specialized agencies under the district People's Committee in the implementation of laws on inspection, handling complaints and denunciations, and preventing and combating corruption.

6. Lead and coordinate with the Vietnam Fatherland Front Committee at the same level to provide professional guidance for Village People's Inspection Committees.

7. Regarding Inspection:

a) Inspect the implementation of policies, laws, and tasks of village, town, and ward People's Committees, and specialized agencies under the district People's Committee;

b) Inspect cases related to the responsibility of many People's Communes, Towns, Ward People's Committees, and many specialized agencies under the People's Committee at the district level;

c) Inspect other cases assigned by the Chairman of the People's Committee at the district level;

d) Monitor, inspect, and urge the implementation of conclusions, recommendations, and decisions on inspection by the Inspectorate of the district and by the Chairman of the People's Committee at the district level.

8. On handling complaints and denunciations:

a) Guide the People's Communes, Towns, Ward People's Committees, and organizations and units under the management of the People's Committee at the district level in handling citizens' visits, complaints, and accusations, and resolving complaints and accusations;

b) Inspect and check the responsibility of the Chairmen of the People's Communes, Towns, Ward People's Committees, and Heads of organizations and units under the management of the People's Committee at the district level in handling citizens' visits and resolving complaints and accusations; propose measures to strengthen the work of resolving complaints and accusations within the scope of management of the Chairman of the People's Committee at the district level;

c) Verify, conclude, and recommend the resolution of complaints and denunciations within the authority of the Chairman of the People's Committee at the county level when assigned;

d) Examine and conclude on the content of accusations that have been resolved by the Chairmen of the People's Communes, Towns, Ward People's Committees and Heads of specialized agencies under the People's Committee at the district level but violate the law; in case the conclusion is that there is a violation of the law in the resolution, recommend that the person who resolved it reconsider and resolve again according to regulations;

đ) Monitor, inspect, and urge the implementation of decisions on resolving complaints and decisions on handling accusations made by the Chairman of the People's Committee at the district level;

9. On prevention and combating of corruption:

a) Inspect and check the implementation of laws on preventing and combating corruption by the People's Communes, Towns, Ward People's Committees, and units under the management of the People's Committee at the district level;

c) Inspecting cases involving the responsibility of multiple district, town, urban district, and provincial city People's Committees or multiple departments.

c) Manage declarations of assets and income; conduct verification of asset and income declarations in accordance with the law on anti-corruption;

d) Conduct internal inspection and supervision to prevent acts of corruption in inspection activities, appeal and complaint resolution, and anti-corruption efforts;

10. During the process of performing inspection tasks, resolving complaints and accusations, and preventing and combating corruption, the Inspectorate of the district shall exercise the powers of the Inspectorate of the district as provided for by law; may request relevant agencies and units to assign officials and civil servants to participate in inspection teams, complaint and accusation resolution teams, and anti-corruption teams;

11. Organize the application of scientific and technological progress; build information systems and archives to serve state management and professional work of the County Inspectorate.

12. Summarize, provide information, and report the results of inspection, complaint and denunciation handling, and prevention and combating of corruption work as prescribed by the People's Committee at the county level and the Provincial Inspectorate.

13. Manage organizational structure, staffing, implement systems, policies, incentives, rewards, disciplinary actions, and training and professional development for officials and civil servants under the management of the Inspectorate of the district in accordance with the law and the classification of the People's Committee at the district level;

14. Manage finances and assets allocated according to the law and the classification of the People's Committee at the district level;

15. Perform other tasks assigned by the People's Committee at the county level and as prescribed by law.

Article 8. Organization and staffing of the County Inspectorate

1. The Inspectorate of the district has a Chief Inspector and not more than three Deputy Chief Inspectors;

a) The Chief Inspector of the district is the head of the Inspectorate of the district, responsible before the People's Committee, the Chairman of the People's Committee at the district level, and before the law for all activities of the Inspectorate of the district;

The appointment, removal, and dismissal of the Chief Inspector of the district are decided by the Chairman of the People's Committee at the district level based on professional and vocational standards issued by the People's Committee at the provincial level and after reaching agreement with the Chief Inspector of the province;

b) The Deputy Chief Inspector of the County Inspectorate assists the Chief Inspector of the County Inspectorate and is accountable to the Chief Inspector of the County Inspectorate and to the law for the tasks assigned.

The appointment, removal, and dismissal of Deputy Chief Inspectors of the district are decided by the Chairman of the People's Committee at the district level based on professional and vocational standards issued by the People's Committee at the provincial level and upon the proposal of the Chief Inspector of the district;

Commendation, disciplinary action, and other policies for the Chief Inspector and Deputy Chief Inspector of the County Inspectorate shall be implemented in accordance with the provisions of the law.

2. The administrative staffing of the Inspectorate of the district is determined by the People's Committee at the district level within the total administrative staffing of the district allocated by the People's Committee at the provincial level;

Based on the staffing norms, workload, and special and complex nature of inspection work, complaint and accusation resolution, and anti-corruption efforts, the People's Committee at the district level arranges staffing for the Inspectorate of the district to ensure sufficient manpower to meet assigned tasks;

Chapter III

IMPLEMENTING PROVISIONS

Article 9. Effective Date

1. This Circular takes effect 45 days from the date of issuance and replaces Circular No. 124/TT.TTr dated July 18, 1990, issued by the State Inspectorate guiding the organization of State Inspectorate agencies;

2. Continue implementing Decision No. 89/2007/QĐ-TTg dated June 18, 2007, of the Prime Minister piloting the establishment of Construction Inspection Agencies at the district and town levels and Construction Inspection Agencies at the commune, town, and ward levels in Hanoi and Ho Chi Minh City;

Article 10. Responsibility for Implementation

1. The People's Committee at the provincial level specifies the specific tasks, powers, and organizational structure of the Inspectorate of the province; guide the People's Committee at the district level to specify the specific tasks, powers, and organizational structure of the Inspectorate of the district;

2. The Chairman of the provincial People's Committee is responsible for organizing and implementing this Circular Jointly Issued.

3. During the implementation process, if any issues arise or difficulties occur, provinces should promptly report to the State Inspectorate and the Ministry of Home Affairs for consideration and resolution within their authority.