Joint Circular No. 475/2009/TTLT/TTCP-BNV guiding the functions, tasks, powers, and organizational structure of the Provincial Inspectorate, the Inspectorate of cities directly under the central government, the Inspectorate of districts, towns, urban districts, and provincial cities.

JOINT CIRCULAR

Guidelines on the functions, tasks, powers, and organizational structure of provincial inspectors, municipal inspectors under central government, district inspectors, urban district inspectors, city inspectors under provinces
province, centrally governed city, district inspection agency, county, urban district,
city under a province

__________________________

Pursuant to Decree No. 13/2008/NĐ-CP dated February 4, 2008 of the Government stipulating the organization of specialized agencies under provincial People's Committees and municipal People's Committees under central government;

Pursuant to Decree No. 14/2008/NĐ-CP dated February 4, 2008 of the Government stipulating the organization of specialized agencies under district People's Committees, urban district People's Committees, city People's Committees under provinces;

Pursuant to Decree No. 178/2007/NĐ-CP dated December 3, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

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 Government Inspectorate and the Ministry of Home Affairs hereby issue guidelines on the functions, tasks, powers, and organizational structure of provincial inspectors, municipal inspectors under central government, district inspectors, urban district inspectors, city inspectors under provinces as follows:

Chapter 1
PROVINCIAL INSPECTORS AND CITY INSPECTORS UNDER THE CENTRAL GOVERNMENT

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

1. Provincial inspectors, municipal inspectors under central government (hereinafter referred to collectively as provincial inspectors) are agencies equivalent to departments under provincial People's Committees and municipal People's Committees under central government (hereinafter referred to collectively as provincial People's Committees), having the function of advising and assisting provincial People's Committees in performing state management functions regarding inspection work, handling complaints and denunciations; implementing inspection tasks, handling complaints and denunciations, and anti-corruption measures within the scope of state management of provincial People's Committees.

2. Provincial inspectors have legal personality, their own seals and separate bank accounts; they are subject to the direction and management of organizational structure, staffing, and personnel matters by provincial People's Committees directly by the Chairperson of provincial People's Committees, while also being subject to the direction, supervision, and guidance on work, organization, and professional matters by the Government Inspectorate.

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

Provincial inspectors perform tasks and powers as prescribed by laws on inspection, complaints, denunciations, and anti-corruption, and the following specific tasks and powers:

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) Drafting normative legal documents specifying standards for positions at the level of heads and deputy heads of organizations under provincial inspectors; Chief Inspectors, Deputy Chief Inspectors of Departments, Chief Inspectors, Deputy Chief Inspectors of district, urban district, and city inspectors under provinces.

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;

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

c) Drafting decisions on establishing, merging, or dissolving units under provincial inspectors.

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

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

5. Directing, guiding, and supervising the organizational and professional work of inspection and complaint resolution for district inspectors, department inspectors, and inspection staff of agencies and units under the direct management of provincial People's Committees.

6. Regarding inspections:

a) Guiding, supervising, and urging the development and implementation of inspection programs and plans by district inspectors and department inspectors;

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

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

d) Inspecting other cases assigned by the Chairperson of provincial People's Committees;

đ) Monitoring, inspecting, and urging the implementation of conclusions, recommendations, and decisions on inspection by provincial inspectors and the Chairperson of provincial People's Committees.

7. On handling complaints and denunciations:

a) Guiding district People's Committees and units under the management of provincial People's Committees in receiving citizens, handling complaints and denunciations, resolving complaints and denunciations; implementing citizen reception systems at workplaces as prescribed;

b) Inspecting and supervising the responsibility of Chairpersons of district People's Committees, Heads of units under the management of provincial People's Committees in receiving citizens and resolving complaints and denunciations; recommending measures to improve complaint resolution work within the jurisdiction of the Chairperson of provincial People's Committees;

||| 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) Reviewing and concluding on the content of denunciations resolved by Chairpersons of district People's Committees and Directors of departments but found to violate laws; if the conclusion is that there was a violation of laws, recommending that the person who resolved it reconsider and resolve it again according to regulations;

đ) Monitoring, inspecting, and urging the implementation of decisions on complaint resolution and denunciation handling within the jurisdiction of the Chairperson of provincial People's Committees.

8. On anti-corruption:

a) Inspecting the implementation of laws on anti-corruption by departments, district People's Committees, and units under the management of provincial People's Committees;

b) Cooperating with State Audit Agencies, investigative bodies, People's Procuratorates, and People's Courts in detecting acts of corruption, dealing with individuals involved in corruption, and bearing legal responsibility for conclusions and decisions made during the investigation of corruption cases;

c) Managing declarations of assets and income; conducting verification of asset and income declarations according to laws on anti-corruption;

d) Conducting internal monitoring and supervision to prevent acts of corruption in inspection activities, complaint resolution, and anti-corruption efforts.

9. During the process of performing inspection tasks, handling complaints and denunciations, and preventing and combating corruption, the Provincial Inspectorate exercises its powers as prescribed by law; requests relevant agencies and units to assign officials and civil servants to participate in inspection teams, complaint and denunciation resolution teams.

10. Implement international cooperation in the field of inspection, handling complaints and denunciations, and preventing and combating corruption in accordance with the provisions of the law and the division of responsibilities or delegation from 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, complaint and denunciation resolution, and prevention and combating of corruption. Carry out information, synthesis, and reporting on the results of inspection work, complaint and denunciation resolution, and prevention and combating of corruption as prescribed by the provincial People's Committee and the Government Inspectorate.

13. Prescribe the functions, tasks, and authorities of the Provincial Inspectorate's office and specialized departments; manage staffing, implement salary systems and incentive policies, training, commendation, and disciplinary measures for officials and civil servants under the Provincial Inspectorate's jurisdiction in accordance with the law and the provincial People's Committee's classification.

14. Manage and utilize financial resources and assets allocated according to the law and the provincial People's Committee's classification.

15. Perform other tasks assigned by the provincial People's Committee and as prescribed 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 Head of the Provincial Inspectorate is the head of the Provincial Inspectorate, accountable to the provincial 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 Head of the Provincial Inspectorate are 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 General.

3. The Deputy Head of the Provincial Inspectorate assists the Head of the Provincial Inspectorate and is responsible before the Head of the Provincial Inspectorate and the law for the tasks assigned; when the Head of the Provincial Inspectorate is absent, a Deputy Head of the Provincial Inspectorate appointed by the Head of the Provincial Inspectorate shall direct the activities of the Provincial Inspectorate. The appointment, dismissal, and removal of the Deputy Head of the Provincial Inspectorate are decided by the Chairman of the provincial People's Committee based on professional standards issued by the Government Inspectorate and upon recommendation by the Head of the Provincial Inspectorate.

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 Complaints and Denunciations are established according to sectors and administrative units under the jurisdiction of the provincial People's Committee; they are named Inspection Department for Complaints and Denunciations 1, 2, 3...

Inspection Departments for Complaints and Denunciations assist the Head of the Inspectorate in implementing state management functions regarding inspection work, complaint and denunciation resolution within their respective sectors and areas under the jurisdiction of the provincial People's Committee; perform inspection tasks, complaint and denunciation resolution, and prevention and combating of corruption within their assigned responsibilities.

c) Specialized and professional departments are 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; Prevention and Combating Corruption, Post-Inspections Supervision or other tasks as prescribed by law.

2. Based on the nature, characteristics, and requirements of state management for inspection work, complaint and denunciation resolution, and prevention and combating of corruption at the local level, the Head of the Provincial Inspectorate, in coordination with the Director of the Department of Home Affairs, submits to the Chairman of the provincial People's Committee for decision on the number and names of specialized and professional departments under the Provincial Inspectorate, but not exceeding six departments and offices; for Hanoi City 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 regulations on staffing norms, workload, and the special and complex nature of inspection work, complaint and denunciation resolution, and prevention and combating of corruption, the provincial People's Committee allocates staffing for the Provincial Inspectorate to ensure sufficient manpower to meet assigned tasks.

Chapter 2
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 regarding inspection work, complaint and denunciation resolution; performing inspection tasks, complaint and denunciation resolution, and prevention and combating of 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 the direction, supervision, and guidance on work, specialization, and professional matters 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, complaint and denunciation resolution, and prevention and combating of corruption; programs and measures to organize the implementation of administrative reform tasks within the assigned state management sector.

2. Submit to the Chairman of the District People's Committee annual inspection programs and other programs and plans as prescribed by law.

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 legal education on the field of inspection, complaint and denunciation resolution, and prevention and combating of corruption; provide professional guidance on inspection work, complaint and denunciation resolution, and prevention and combating of corruption for officials and civil servants at communes, wards, and towns.

5. Direct, inspect, urge the Chairperson of the People's Committee at the commune level and the Heads of specialized agencies under the People's Committee at the district level in implementing laws on inspection, handling complaints and denunciations, and preventing and combating corruption.

6. Take the lead and coordinate with the Vietnam Fatherland Front Committee at the same level to guide professional work for Village People's Inspection Committees at communes, wards, and towns.

7. Regarding Inspection:

a) Inspect the implementation of policies, laws, and tasks of the People's Committee at the commune, ward, and town levels, and of specialized agencies under the People's Committee at the district level;

b) Inspect cases related to the responsibility of multiple People's Committees at the commune, ward, and town levels, and multiple specialized agencies under the People's Committee at the district level;

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

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

8. On handling complaints and denunciations:

a) Guide the People's Committee at the commune, ward, and town levels and organizations and units under the management of the People's Committee at the district level in receiving citizens, handling complaints and denunciations, and resolving complaints and denunciations;

b) Inspect and check the responsibility of the Chairpersons of the People's Committee at the commune, ward, and town levels, and Heads of organizations and units under the management of the People's Committee at the district level in receiving citizens and resolving complaints and denunciations; propose measures to strengthen complaint resolution work within the jurisdiction of the Chairperson 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 denunciations that have been resolved by the Chairpersons of the People's Committee at the commune, ward, and town levels and Heads of specialized agencies under the People's Committee at the district level but found to be in violation of the law; in case the conclusion shows violations of the law, recommend the person who resolved the matter to reconsider and resolve it again according to regulations;

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

9. On prevention and combating of corruption:

a) Inspect and check the implementation of legal provisions on preventing and combating corruption by the People's Committee at the commune, ward, and town levels and units under the management of the People's Committee at the district level;

b) Cooperating with State Audit Agencies, investigative bodies, People's Procuratorates, and People's Courts in detecting acts of corruption, dealing with individuals involved in corruption, and bearing legal responsibility for conclusions and decisions made during the investigation of corruption cases;

c) Managing declarations of assets and income; conducting verification of asset and income declarations according to laws 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, complaint resolution, and anti-corruption duties, exercise the powers of the Inspectorate at the district level as prescribed by law; request relevant agencies and units to assign officials and civil servants to participate in inspection teams, complaint 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 at the district level according to the law and the delegation of the People's Committee at the district level.

14. Manage financial resources and assets allocated according to the law and the delegation 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 at the district level has an Inspector-in-Chief and not more than three Deputy Inspectors-in-Chief.

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

The appointment, removal, and dismissal of the Inspector-in-Chief of the Inspectorate at the district level are decided by the Chairperson of the People's Committee at the district level based on professional standards set by the People's Committee at the provincial level and after reaching consensus with the Inspector-in-Chief of the Inspectorate at the provincial level.

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 Inspectors-in-Chief of the Inspectorate at the district level are decided by the Chairperson of the People's Committee at the district level based on professional standards set by the People's Committee at the provincial level and upon the recommendation of the Inspector-in-Chief of the Inspectorate at the district level.

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 at the district level 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 regulations on staffing norms, workload, and the special and complex nature of inspection, complaint resolution, and anti-corruption work, the People's Committee at the district level allocates staffing for the Inspectorate at the district level to ensure sufficient personnel to meet assigned tasks.

Chapter 3
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 to implement Decision No. 89/2007/QĐ-TTg dated June 18, 2007, of the Prime Minister piloting the establishment of Construction Inspectorates at districts and towns and Construction Inspectorates at communes, wards, and towns in Hanoi City and Ho Chi Minh City.

Article 10. Responsibility for Implementation

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

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

3. In the course of implementation, if there are emerging issues or difficulties, provinces should promptly report to the Government Inspectorate and the Ministry of Home Affairs for consideration and resolution within their authority.