Decree No. 50/2018/NĐ-CP on the functions, tasks, powers, and organizational structure of the Government Inspectorate

DECREE

Regulations on functions, tasks, powers and organizational structure of the Government Inspectorate

The Government Inspectorate is an agency at the level of a ministry under the Government, performing state management functions regarding inspection work, receiving citizens, handling complaints and denunciations, and preventing and combating corruption throughout the country; implementing inspection activities, handling complaints and denunciations, and preventing and combating corruption in accordance with the provisions of the law.

Pursuant to the Law on Government Organization dated June 19, 2015;

Based on the Inspection Law dated November 15, 2010;

Pursuant to Decree No. 123/2016/ND-CP dated September 1, 2016 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies;

At the proposal of the Government Inspectorate;

The Government promulgates this Decree stipulating the functions, tasks, powers, and organizational structure of the Government Inspectorate.

Article 1. Position and Functions

The Government Inspectorate performs the tasks and powers stipulated in Decree No. 123/2016/ND-CP dated September 1, 2016 of the Government on the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies, and the following specific tasks and powers:

b) Draft five-year and annual socio-economic development plans for the province; major economic and social balances for the province; draft five-year and annual plans, programs, projects, measures to organize and implement tasks related to socio-economic development, finance-budget, planning-investment, and other tasks within the scope of state management of the Department of Finance as prescribed by law;

1. Submit to the Government draft laws, draft resolutions of the National Assembly, draft ordinances, and draft resolutions of the Standing Committee of the National Assembly; draft resolutions, decrees of the Government on inspection, receiving citizens, handling complaints and denunciations, and preventing and combating corruption according to the annual legislative program of the Government Inspectorate that has been approved, and other draft normative legal documents as assigned by the Government and the Prime Minister.

2. Submit to the Prime Minister for approval the Orientation of the Annual Inspection Program, draft decisions, directives, and other documents on inspection, receiving citizens, handling complaints and denunciations, and preventing and combating corruption within the Prime Minister's authority, and organize their implementation.

3. Issue circulars, decisions, directives, and other documents on inspection, receiving citizens, handling complaints and denunciations, and preventing and combating corruption.

4. Direct, guide, inspect, and organize the implementation of normative legal documents, strategies, and approved Orientation Programs on inspection, handling complaints and denunciations, and preventing and combating corruption; provide information, propaganda, dissemination, and education on the law related to inspection, receiving citizens, handling complaints and denunciations, and preventing and combating corruption.

a) Develop the Government Inspectorate's inspection plan; guide the Ministry Inspectors (hereinafter referred to as Ministry Inspectors), Provincial Inspectors (hereinafter referred to as Provincial Inspectors) in building and implementing inspection plans.

5. Regarding inspections:

b) Inspect the implementation of policies, laws, and tasks and powers of ministries, ministerial-level agencies, government agencies, provincial People's Committees (hereinafter referred to as Provincial People's Committees); inspect state-owned enterprises established by the Prime Minister's decision; inspect complex cases involving the responsibility of multiple ministries, ministerial-level agencies, and Provincial People's Committees.

d) Verify the accuracy and legality of inspection conclusions and post-inspection handling decisions made by ministers, heads of ministerial-level agencies, chairpersons of Provincial People's Committees, and chief inspectors of ministries and ministerial-level agencies, and provincial inspectors when necessary.

c) Inspecting other cases assigned by the Prime Minister;

đ) Decide to reinspect cases concluded by ministers but found to have signs of legal violations upon assignment by the Prime Minister; decide to reinspect cases concluded by chairpersons of Provincial People's Committees, chief inspectors of ministries, and provincial inspectors but found to have signs of legal violations.

e) Request ministers to conduct inspections within their management scope when signs of legal violations are detected; if ministers disagree, they may issue inspection decisions, report, and bear responsibility before the Prime Minister for their decisions.

g) Take the lead in resolving overlapping issues regarding the scope, objects, contents, and timeframes of inspections between ministry inspectors; between ministry inspectors and provincial inspectors.

i) Examine and handle issues where chief inspectors of ministries disagree with ministers, and chief inspectors of provinces disagree with chairpersons of Provincial People's Committees regarding inspection work. If ministers disagree with the handling results of the Chief Inspector of the Government Inspectorate, the Chief Inspector reports to the Prime Minister for examination and decision.

h) Monitoring, urging, and inspecting the implementation of inspection conclusions, recommendations, and post-inspection decisions made by the Government Inspectorate and the Prime Minister;

k) Recommend ministers to suspend or revoke regulations issued by their ministries that contravene higher-level state agencies' or the Chief Inspector of the Government Inspectorate's regulations on inspection work; if ministers do not suspend or revoke such documents, submit them to the Prime Minister for decision.

l) Suspend the enforcement and recommend the Prime Minister to revoke regulations issued by Provincial People's Committees or chairpersons of Provincial People's Committees that contravene higher-level state agencies' or the Chief Inspector of the Government Inspectorate's regulations on inspection work.

m) Recommend competent state agencies to amend, supplement, or promulgate regulations in line with management requirements; recommend suspending or revoking illegal regulations discovered through inspection work.

n) Recommend the Prime Minister to examine and handle persons under his management who violate the law discovered through inspection or fail to implement inspection conclusions and handling decisions; request heads of organizations to examine and handle persons under their management who violate the law discovered through inspection or fail to implement inspection conclusions and handling decisions.

a) Organize citizen reception activities; receive and process complaint and denunciation letters; handle complaints and denunciations in accordance with the law.

6. Regarding receiving citizens, handling complaints, and denunciations:

b) Lead and coordinate with relevant agencies to perform citizen reception tasks at the Central Party and State Citizen Reception Office in Hanoi and Ho Chi Minh City.

c) Verify the content of denunciations, conclude verification results, and propose measures to handle denunciations within the Prime Minister's resolution authority when assigned.

c) Verify the content of the complaint, conclude the verification content, and recommend measures to handle the complaint within the Prime Minister's jurisdiction when assigned;

d) Examine and conclude on the handling of complaints that have been resolved by the Minister, the Head of a ministry-level agency, the Head of a government-affiliated agency, or the Chairman of the People's Committee at provincial level but show signs of violation of laws; in cases where the conclusion on the handling of complaints indicates a violation of laws, recommend the Prime Minister to review and resolve again.

đ) Assist the Prime Minister in monitoring, inspecting, and urging ministries, ministry-level agencies, government-affiliated agencies, and People's Committees at all levels in their work of receiving citizens, handling complaints, and enforcing decisions on complaint resolution with legal effect.

e) Take the lead and coordinate with competent state agencies to build the National Database on Complaints and Accusations.

7. On anti-corruption:

a) Organize, direct, and guide inspection work on the implementation of legal provisions on anti-corruption and anti-corruption in inspection activities;

b) Inspect the implementation of laws on anti-corruption at ministries, ministry-level agencies, government-affiliated agencies, and provincial People's Committees within their authority or upon the Prime Minister's directive; proactively cooperate with agencies and organizations in detecting acts of corruption; inspect cases showing signs of corruption; urge the handling of individuals involved in corrupt acts according to the law and the cadre management hierarchy of the Party and the Government;

c) Take the lead and coordinate with competent state agencies to build a common database on anti-corruption;

d) Coordinate with the State Audit Office, Ministry of Public Security, Ministry of Defense, Supreme People's Procuracy, Supreme People's Court, and the Central Steering Committee for Internal Affairs in providing, exchanging information, documents, and experiences on anti-corruption work; compile, evaluate, forecast the situation of corruption, and propose policies and solutions to prevent and combat corruption.

8. During the process of performing inspection tasks, resolving complaints and accusations, and preventing and combating corruption, the powers of the Government Inspectorate as prescribed by law shall be applied; it may request relevant agencies and units to assign officials, civil servants, and employees to join the inspection team.

9. Require ministries, ministry-level agencies, government-affiliated agencies, and provincial People's Committees to report on the situation and results of inspection work, complaint resolution, accusation resolution, and anti-corruption efforts.

10. Summarize and report on the results of inspection work, complaint resolution, accusation resolution, and anti-corruption efforts within the scope of national administrative management by the Government; summarize experiences in inspection work, complaint resolution, accusation resolution, and anti-corruption efforts.

11. Perform the function of the central agency responsible for implementing the United Nations Convention against Corruption; international cooperation in inspection work, complaint resolution, accusation resolution, and anti-corruption efforts.

12. Organize and direct the implementation of scientific research programs, plans, and the application of scientific and technological progress in the field of inspection, citizen reception, complaint resolution, accusation resolution, and anti-corruption.

13. Decisions and organization to implement the administrative reform plan of the Government Inspectorate in accordance with the State administrative reform program and plan of the Government and the directives of the Prime Minister.

14. Direct and guide inspection business procedures; train inspection business skills for the inspection workforce; implement personnel management, appointment, and promotion of inspection civil service ranks according to the law; issue identification cards for inspectors to civil servants and officers appointed to inspector ranks throughout the Inspection Service; promulgate professional standards for the Chief Inspector, Deputy Chief Inspector of ministries and deputy chief inspectors of provinces.

Agree with the Minister, the Head of a ministry-level agency, and the Chairman of the People's Committee at provincial level on the appointment, dismissal, and removal from office of the Chief Inspector of ministries and ministry-level agencies and the Chief Inspector of provinces.

15. Manage organizational structure, staffing; cadres, civil servants, and employees; implement salary systems and incentive, reward, and disciplinary policies for cadres, civil servants, and employees under the management of the Government Inspectorate according to the law.

16. Manage and direct activities of subordinate public service organizations in accordance with the law.

17. Manage financial resources and assets assigned and organize the implementation of the budget allocated according to the law.

18. Perform other tasks assigned by the Government and the Prime Minister and as prescribed by law.

Article 3. Organizational Structure

1. Legal Affairs Department

2. Organization and Cadres Department

3. International Cooperation Department

4. Planning and Consolidation Department

5. Office

6. Supervision, Review, and Post-Investigation Handling Department

7. Economic Sector Inspection, Complaint and Accusation Resolution Department (Department I)

8. Internal Affairs and Comprehensive Economic Inspection, Complaint and Accusation Resolution Department (Department II)

9. Cultural and Social Inspection, Complaint and Accusation Resolution Department (Department III)

10. Region 1 Inspection, Complaint and Accusation Resolution Bureau (Bureau I)

11. Region 2 Inspection, Complaint and Accusation Resolution Bureau (Bureau II)

12. Region 3 Inspection, Complaint and Accusation Resolution Bureau (Bureau III)

13. Anti-Corruption Bureau (Bureau IV)

14. Central Citizen Reception Board

15. Institute of Strategy and Inspection Science

16. Inspection Newspaper

17. Inspection Magazine

18. Inspection Cadre School

19. Information Center.

In this Article, units specified from Clause 1 to Clause 14 are units assisting the Chief Government Inspector in performing state management functions; units specified from Clause 15 to Clause 19 are public service units.

The Legal Affairs Department and the International Cooperation Department each have two divisions; the Planning and Consolidation Department and the Supervision, Review, and Post-Investigation Handling Department each have three divisions; the Cadre and Civil Servant Organization Department has four divisions; the Office has five divisions; Bureau I, Bureau II, and Bureau III each have four divisions; Bureau IV and the Central Citizen Reception Board each have five divisions.

The Central Citizen Reception Board has its own seal and a permanent presence at the Central Party and State Citizen Reception Office in Ho Chi Minh City.

The Chief Government Inspector stipulates the functions, tasks, powers, and organizational structure of departments, bureaus, and subordinate units of the Government Inspectorate.

Article 4. Effectiveness

1. This Decree takes effect from May 29, 2018.

2. This Decree replaces Decree No. 83/2012/NĐ-CP dated October 9, 2012 of the Government on the functions, tasks, powers, and organizational structure of the Government Inspectorate.

Article 5. Responsibilities for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial and centrally-administered city People's Committees are responsible for implementing this Decree./.