Decree No. 54/2014/ND-CP on the organization and operation of inspection in the Justice sector

 

DECREE

Von organization and operation of the inspection sector under the Justice Ministry

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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;

At the proposal of the Minister of Justice,

The Government issues a Decree on the organization and operation of the inspection sector under the Justice Ministry.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the organization and operation of agencies performing the function of inspecting the Justice Ministry sector; inspectors; persons assigned to perform specialized inspection tasks and inspection sector collaborators; responsibilities of agencies, organizations, and individuals in the inspection activities of the Justice Ministry sector.

Article 2. Inspection Objects

1. Agencies, organizations, and individuals within the management scope of the Ministry of Justice, Department of Justice.

2. Agencies, organizations, and individuals have the obligation to comply with legal regulations in fields under the state management of the Ministry of Justice, Department of Justice.

Article 3. Application of International Treaties

In cases where international treaties to which the Socialist Republic of Vietnam is a member provide different provisions from this Decree, the provisions of the international treaty shall be applied.

Chapter II

ORGANIZATION, DUTIES, AND LIMITS OF AGENCIES PERFORMING THE FUNCTION OF INSPECTING THE JUSTICE MINISTRY SECTOR

PERFORMANCE OF THE FUNCTION OF INSPECTING THE JUSTICE MINISTRY SECTOR

Article 4. Agencies performing the function of inspecting the Justice Ministry sector

1. State inspection agencies, including:

a) Inspection of the Ministry of Justice;

b) Inspection of the Department of Justice.

2. Agencies assigned to perform specialized inspection functions, including:

a) Judicial Assistance Bureau;

b) Civil Status, Nationality, and Notarization Bureau.

Article 5. Position, functions, organizational structure of the Inspection of the Ministry of Justice

1. The Inspection of the Ministry of Justice is an agency of the Ministry of Justice, assisting the Minister of Justice in managing state affairs related to inspection, handling complaints and grievances, and preventing and combating corruption according to the law; conducting administrative inspections, specialized inspections; handling complaints and grievances, and preventing and combating corruption according to the law.

2. The Inspection of the Ministry of Justice has an Inspector General, Deputy Inspector Generals, inspectors, and other civil servants.

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

Deputy Inspector Generals of the Ministry of Justice are appointed, relieved of duty, or dismissed by the Minister of Justice upon the recommendation of the Inspector General of the Ministry of Justice.

3. The Inspection of the Ministry of Justice has its own seal and separate account.

4. The Inspection of the Ministry of Justice has functional departments to carry out assigned tasks.

5. The Inspection of the Ministry of Justice is subject to direction and management by the Minister of Justice and guidance on work and organization, and professional training by the Government Inspectorate.

Article 6. Duties and powers of the Inspection of the Ministry of Justice

The Inspection of the Ministry of Justice performs duties and powers as prescribed in Article 18 of the Inspection Law and the following duties and powers:

1. Taking the lead or participating in drafting normative legal documents related to the organization and operation of the inspection sector under the Justice Ministry; participating in drafting other normative legal documents assigned by the Minister of Justice.

2. Guiding agencies assigned to perform specialized inspection functions of the Justice Ministry to build specialized inspection plans. Based on the Inspection Program Orientation, guidance of the Chief Inspector of the Government Inspectorate, management requirements of the Justice Ministry sector, and proposals for inspection plans from agencies assigned to perform specialized inspection functions of the Justice Ministry, the Inspection of the Ministry of Justice builds an annual inspection plan to submit for approval by the Minister of Justice.

3. Providing professional and operational guidance on specialized judicial inspections to agencies assigned to perform specialized inspection functions of the Justice Ministry, Inspection of the Department of Justice; guiding and inspecting units under the Ministry of Justice in implementing legal regulations on inspection, receiving citizens, handling complaints and grievances, and preventing and combating corruption.

4. Organizing professional training on specialized judicial inspections; handling complaints and grievances, and preventing and combating corruption for inspectors, civil servants engaged in inspection work, and inspection collaborators.

5. Requesting agencies assigned to perform specialized inspection functions of the Justice Ministry to report on inspection work within their management scope; the Inspection of the Department of Justice to compile and report on inspection work; handling complaints and grievances, and preventing and combating corruption within the management scope of the Department of Justice.

6. Monitoring, inspecting, and urging the implementation of conclusions, recommendations, and decisions on handling inspections issued by the Minister of Justice and the Inspector General of the Ministry of Justice.

7. Monitoring, inspecting, and urging the implementation of decisions on handling complaints, conclusions on the substance of accusations, and measures to handle accusations issued by the Minister of Justice and heads of units under the Ministry of Justice.

8. Chairing inter-sectoral inspection teams or participating in inter-sectoral inspection teams established by ministries or sectors.

9. Compiling and reporting results on inspection work; handling complaints and grievances, and preventing and combating corruption within the scope of state management of the Ministry of Justice.

10. Other tasks and powers as prescribed by law.

Article 7. Duties and Authorities of the Inspector General of the Ministry of Justice

The Inspector General of the Ministry of Justice shall perform the duties and authorities stipulated in Article 19 of the Inspection Law and the following duties and authorities:

1. Report to the Minister of Justice; the Chief Inspector General of the Government on inspection work, handling complaints and denunciations, and anti-corruption within their scope of responsibility.

2. Inspect the responsibilities of the heads of agencies and units under the management of the Ministry of Justice in implementing laws on inspection, handling complaints and denunciations, and anti-corruption.

3. Summon civil servants and officials of related agencies and units to participate in inspection activities.

4. Assist the Minister of Justice in supervising, inspecting, and urging agencies directly managed by the Minister of Justice to receive citizens; handle complaints and denunciations; enforce measures to address denunciations and decisions on complaint resolution that have become legally binding.

5. Other tasks and powers as prescribed by law.

Article 8. Position, Functions, and Organizational Structure of the Inspectorate of the Department of Justice

1. The Inspectorate of the Department of Justice is an agency of the Department of Justice, assisting the Director of the Department of Justice in conducting administrative inspections, specialized inspections; handling complaints and denunciations and anti-corruption as prescribed by law.

2. The Inspectorate of the Department of Justice has an Inspector General, Deputy Inspector Generals, inspectors, and other civil servants.

The Inspector General of the Department of Justice is appointed, relieved of duty, or dismissed by the Director of the Department of Justice after reaching consensus with the Inspector General of the province.

Deputy Inspector Generals of the Department of Justice are appointed, relieved of duty, or dismissed by the Director of the Department of Justice upon the proposal of the Inspector General of the Department of Justice.

3. The Inspectorate of the Department of Justice has its own seal and separate account.

4. The Inspectorate of the Department of Justice is subject to the direction and management of the Director of the Department of Justice; it is also subject to the direction on inspection work and guidance on administrative inspection procedures from the Inspectorate of the province, and on specialized inspection procedures for justice from the Inspectorate of the Ministry of Justice.

Article 9. Duties and Authorities of the Inspectorate of the Department of Justice

The Inspectorate of the Department of Justice shall perform the duties and authorities stipulated in Article 24 of the Inspection Law and the following duties and authorities:

1. Guide and inspect units under the Department of Justice in implementing laws on inspection; handling complaints and denunciations and anti-corruption.

2. Monitor, inspect, and urge the implementation of conclusions, recommendations, and decisions on inspection; decisions on complaint resolution, conclusions on the substance of denunciations, decisions on denunciation handling, and recommendations on denunciations issued by the Director of the Department of Justice.

3. Summarize and report results on inspection work; handling complaints and denunciations and anti-corruption within the management scope of the Department of Justice.

4. Other duties and powers as prescribed by law.

Article 10. Duties and Authorities of the Inspector General of the Department of Justice

The Inspector General of the Department of Justice shall perform the duties and authorities stipulated in Article 25 of the Inspection Law and the following duties and authorities:

1. Report to the Director of the Department of Justice, the Inspector General of the province, and the Inspector General of the Ministry of Justice on inspection work; handling complaints and denunciations and anti-corruption within their scope of responsibility.

2. Inspect the responsibilities of the heads of units under the Department of Justice in implementing laws on inspection; handling complaints and denunciations and anti-corruption.

3. Summon civil servants and officials of related agencies and units to participate in inspection activities.

4. Assist the Director of the Department of Justice in supervising, inspecting, and urging agencies directly managed by the Director of the Department of Justice to receive citizens; handle complaints and denunciations; enforce measures to address denunciations and decisions on complaint resolution that have become legally binding.

5. Other tasks and powers as prescribed by law.

Article 11. Duties and powers of the Department of Legal Assistance and the Department of Civil Status, Nationality, and Notarization

The Department of Legal Assistance and the Department of Civil Status, Nationality, and Notarization shall perform the duties and powers prescribed in Article 10 of Decree No. 07/2012/NĐ-CP dated February 9, 2012 of the Government on specialized inspection functions and specialized inspection activities; other duties and powers as provided for by laws on inspection.

Article 12. Duties and powers of the Heads of the Department of Legal Assistance and the Department of Civil Status, Nationality, and Notarization

The Heads of the Department of Legal Assistance and the Department of Civil Status, Nationality, and Notarization shall perform the duties and powers prescribed in Article 11 of Decree No. 07/2012/NĐ-CP; within their functional scope, they have the authority to impose administrative penalties corresponding to the authority of the Inspector General of the Ministry of Justice to impose administrative penalties as stipulated in Clause 4, Article 46 of the Law on Handling Administrative Violations and Clause 4, Article 67 of Decree No. 110/2013/NĐ-CP dated September 24, 2013 of the Government on administrative penalties in the field of legal assistance, administrative justice, marriage and family, civil enforcement, bankruptcy of enterprises and cooperatives, and service contracts; other duties and powers as provided for by laws on inspection.

Article 13. Advisory units for specialized inspection work at the Department of Legal Assistance and the Department of Civil Status, Nationality, and Notarization

The Minister of Justice shall decide on the establishment of advisory units for specialized inspection work at the Department of Legal Assistance and the Department of Civil Status, Nationality, and Notarization.

Chapter III

ACTIVITIES OF THE LEGAL INSPECTION DEPARTMENT

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ADMINISTRATIVE INSPECTION ACTIVITIES

Article 14. Content and objects of administrative inspection

The Ministry of Justice Inspection Department and the Department of Justice of provinces and cities under central government jurisdiction shall inspect the implementation of policies, laws, assigned tasks, and powers of agencies, organizations, and individuals as specified in Clause 1, Article 2 of this Decree.

Article 15. Authority to issue decisions on administrative inspection

The authority to issue decisions on administrative inspection shall be carried out in accordance with Article 43 of the Inspection Law and Articles 19 and 20 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.

Article 16. Procedures and formalities for administrative inspection

Procedures and formalities for administrative inspection shall be carried out in accordance with Articles 44, 45, 46, 47, 48, 49, and 50 of the Inspection Law and Articles 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, and 31 of Decree No. 86/2011/NĐ-CP.

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SPECIALIZED INSPECTION ACTIVITIES

Article 17. Objects of specialized inspection

Agencies, organizations, and individuals as stipulated in Clause 2, Article 2 of this Decree.

Article 18. Contents of specialized inspection in the field of lawyers

Inspect compliance with the following legal provisions:

1. Issuance of registration certificates for foreign branch offices and foreign law firms; organization and operation of the Vietnam Bar Federation.

2. Practice activities of lawyers; organization and operation of lawyer practice organizations; lawyer fees and costs under legal service contracts; organization and operation of bar associations; practice activities of foreign lawyer practice organizations in Vietnam; practice activities of foreign lawyers in Vietnam; implementation of other legal provisions concerning lawyers.

Article 19. Contents of specialized inspection in the field of legal consultation

Inspect compliance with the following legal provisions:

1. Organization and operation of Legal Consultation Centers.

2. Registration of activities of Legal Consultation Centers, Branches of Legal Consultation Centers; registration of changes to activity registration content, termination of activities of Legal Consultation Centers, Branches of Legal Consultation Centers.

3. Issuance, revocation of legal consultant cards; activities of legal consultants, legal consultation assistants, lawyers practicing individually for Legal Consultation Centers, Branches of Legal Consultation Centers; implementation of other legal provisions on legal consultation.

Article 20. Contents of specialized inspection in the field of notarization

Inspect compliance with the following legal provisions:

1. Procedures for proposing appointment, removal of notaries at Departments of Justice; temporary suspension of notary practice; activities of Notary Offices; establishment of Notary Offices, issuance of business registration certificates for Notary Offices; revocation of business registration certificates, decisions allowing establishment of Notary Offices.

2. Probation period for notary practice; notary activities of notaries; registration of activities of Notary Offices; registration of changes to activity registration content of Notary Offices; publication of activity registration content of Notary Offices; activities of Notary Offices; termination of activities of Notary Offices; procedures for notarizing contracts, transactions; archiving notarized documents; notary fees, remuneration for notary services; implementation of other legal provisions on notarization.

Article 21. Contents of specialized inspection in the field of auctioning assets

Inspect compliance with the following legal provisions:

1. Registration of auctioneer lists, issuance of auctioneer cards by Asset Auction Service Centers.

2. Activities of auctioneers, asset auction enterprises; registration of auctioneer lists, issuance of auctioneer cards by asset auction enterprises; organization and activities of asset auction councils; procedures, processes for auctioning assets; implementation of other legal provisions on asset auctioning.

Article 22. Contents of specialized inspection in the field of commercial arbitration

Inspect compliance with the following legal provisions:

1. Registration of activities of Arbitration Centers, Branches of Arbitration Centers; registration of activities of Branches of foreign arbitration organizations in Vietnam; notification of establishment of representative offices of foreign arbitration organizations in Vietnam.

2. Arbitrator standards; organization and activities of Arbitration Centers; organization and activities of foreign arbitration organizations in Vietnam; implementation of other legal provisions on commercial arbitration.

Article 23. Contents of specialized inspection in the field of civil status records

Inspect compliance with the following legal provisions:

1. Registration of births, marriages, deaths, guardianships, changes, corrections to civil status records, supplements, adjustments to civil status records, and registration of acknowledgment of parentage between Vietnamese citizens and foreigners; re-registration of births, deaths, marriages involving foreign elements.

Recognition of marriages, acknowledgment of parentage between Vietnamese citizens and each other or with foreigners conducted at competent authorities abroad.

Issuing marriage status confirmation certificates for Vietnamese citizens residing in Vietnam to register marriage with foreigners at competent authorities abroad; issuing copies of civil status documents from civil status books at Departments of Justice.

Recording civil status matters of Vietnamese citizens registered at competent authorities abroad, matters regarding nationality, divorces conducted abroad in civil status books.

Archiving civil status books, civil status documents, sealing civil status books, reporting statistical data on civil status at Vietnamese Diplomatic Missions, Consulates.

2. Registration of marriages, acknowledgment of parentage involving foreign elements in border areas.

3. Registration of births, marriages, deaths, guardianships, changes, corrections to civil status records, determination of ethnicity, determination of gender, supplementation, adjustment of civil status records, and registration of acknowledgment of parentage; re-registration of births, deaths, marriages; registration of overdue births, deaths.

Issuing copies of civil status documents from civil status books, marriage status confirmation certificates.

Recording other changes to civil status records; recording civil status books, civil status forms.

Archiving civil status books, civil status documents, sealing civil status books, reporting statistical data on civil status; collection, payment of civil status fees; implementation of other legal provisions on civil status records.

Article 24. Contents of specialized inspection in the field of adoption

Inspect compliance with the following legal provisions:

1. Registration of international adoption; re-registration of international adoption; registration of adoption between Vietnamese citizens residing abroad; recognition of adoption registered with foreign competent authorities; collection and payment of fees for international adoption registration.

2. Organization and operation of foreign adoption organizations in Vietnam.

3. Domestic adoption registration; re-registration of adoption; collection and payment of domestic adoption registration fees; international adoption in border areas; implementation of other provisions of the law on adoption.

Article 25. Contents of specialized inspection in the field of nationality

Inspect compliance with the following legal provisions:

1. Procedures for proposing Vietnamese citizenship, returning to Vietnamese citizenship, renouncing Vietnamese citizenship; recommendation to deprive Vietnamese citizenship, revoke decisions on granting Vietnamese citizenship; change of nationality of minors and adopted children; issuance of certificates confirming Vietnamese citizenship; issuance of certificates confirming Vietnamese origin.

2. Collection and payment of fees for handling matters related to nationality; implementation of other provisions of the law on nationality.

Article 26. Contents of specialized inspection in the field of notarization

Inspect compliance with the following legal provisions:

1. Notarization of certified copies from original documents; notarization of signatures; issuance of certified copies from original registers; notarization of real estate purchase and sale contracts belonging to joint ownership or currently leased; notarization of mortgage contracts; notarization of wills; notarization of agreements on division of inheritance; notarization of declarations of acceptance of inheritance; notarization of declarations of refusal to accept inheritance; notarization of power of attorney; notarization of other contracts and transactions as prescribed by law.

2. Collection and payment of fees for notarization of certified copies from original documents, notarization of signatures, notarization of contracts and transactions, issuance of certified copies; implementation of other provisions of the law on notarization.

Article 27. Contents of specialized inspection in the field of criminal record

Inspect compliance with the following legal provisions:

1. Construction, management, exploitation, and protection of criminal record databases; receipt of criminal record information; creation of criminal records; updating and processing of criminal record information; issuance of criminal record certificates at the Department of Justice.

2. Provision of criminal record information regarding criminal records; provision of criminal record information regarding prohibition from holding positions, establishing, managing enterprises, cooperatives according to bankruptcy decisions; implementation of other provisions of the law on criminal records.

Article 28. Contents of specialized inspection in the field of popularizing and educating the law

Inspect compliance with the following legal provisions:

1. Content of popularizing and educating the law for citizens and certain special groups; legal education in educational institutions of the national education system.

2. Responsibility for popularizing and educating the law of agencies, organizations, and individuals; implementation of other provisions of the law on popularizing and educating the law.

Article 29. Contents of specialized inspection in the field of legal aid

Inspect compliance with the following legal provisions:

1. Implementation of legal aid in poverty reduction programs.

2. Legal aid providers; beneficiaries of legal aid; agencies, organizations, and individuals related to legal aid activities; organizations implementing legal aid; scope and forms of legal aid; legal aid activities; implementation of other provisions of the law on legal aid.

Article 30. Contents of specialized inspection in the field of registration of secured transactions

Inspect compliance with the following legal provisions:

1. Procedures and formalities for registering and providing information on aircraft pledges and mortgages; procedures and formalities for registering and providing information on ship mortgages.

2. Procedures and formalities for registering and providing information on secured transactions with land use rights and attached assets; tasks and authorities of the person responsible for registering secured transactions.

3. Collection and payment of registration fees, fees for providing information on secured transactions and contracts; implementation of other provisions of the law on registration of secured transactions.

Article 31. Contents of specialized inspection in the field of state compensation liability

Inspect compliance with the following legal provisions:

1. State compensation resolution, requests for repayment and fulfillment of repayment obligations by public officials in civil enforcement activities.

2. State compensation resolution, requests for repayment and fulfillment of repayment obligations by public officials in administrative management activities; implementation of other provisions of the law on state compensation liability.

Article 32. Contents of specialized inspection in the field of legal normative document inspection

Inspection of compliance with legal provisions regarding inspected documents, handling thereof; contents of document inspection; responsibility for self-inspection and handling of illegal documents issued by oneself or jointly issued; authority and procedures for inspecting and handling documents issued by other state agencies; handling of responsibilities of individuals and agencies issuing illegal documents; implementation of other provisions of the law on inspection and handling of legal normative documents.

Article 33. Contents of specialized inspection in the field of international cooperation in law

Inspection of compliance with legal provisions regarding cooperation content and forms; procedures for submitting files for review and approval of cooperation programs and projects; monitoring and evaluating cooperation programs and projects; implementation of other provisions of the law on international cooperation in law.

Article 34. Contents of specialized inspection in the field of forensic examination

Inspect compliance with the following legal provisions:

1. Procedures for nominating and relieving forensic examiners at the Department of Justice; establishment and registration of activities of non-state forensic examination organizations.

2. Forensic examination activities of forensic examiners and case-specific forensic examiners; forensic examination activities of state-owned forensic examination organizations and non-state forensic examination organizations; implementation of other provisions of the law on forensic examination.

Article 35. Contents of inspection on the implementation of laws on administrative penalty enforcement

1. Inspection of compliance with legal provisions on administrative penalties in the fields of lawyers, legal consultation, notarization, auction of assets, commercial arbitration, inter-country adoption, nationality, criminal record, legal aid, forensic examination, international cooperation in law, civil enforcement.

2. Inspection of compliance with legal provisions on administrative penalties in the fields of certification, household registration, domestic adoption, legal education and dissemination, registration of secured transactions, marriage and family.

Article 36. Competence for Specialized Inspection

1. The Ministry of Justice's Inspectorate shall inspect the implementation of the provisions set forth in Articles 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, and Article 35 of this Decree; re-inspect according to the provisions of Article 38 of this Decree.

Assist the Minister of Justice to chair or request relevant ministries, ministerial-level agencies, and provincial People's Committees to inspect the implementation of the provisions set forth in Article 34 of this Decree.

2. The Legal Aid Department shall inspect the implementation of the provisions set forth in Articles 18, 19, 20, 21, and Article 22 of this Decree; assist the Minister of Justice to chair or request relevant ministries, ministerial-level agencies, and provincial People's Committees to inspect the implementation of the provisions set forth in Article 34 of this Decree.

3. The Department of Civil Status, Nationality, and Notarization shall inspect the implementation of the provisions set forth in Articles 23, 25, and Article 26 of this Decree.

4. The Inspectorate of the Department of Justice shall inspect the implementation of the provisions set forth in Clause 2 of Article 18, Article 19, Clause 2 of Article 20, Clause 2 of Article 21, Clause 2 of Article 22, Clause 2 and Clause 3 of Article 23, Clause 3 of Article 24, Article 26, Clause 2 of Article 27, Article 28, Clause 2 of Article 29, Clause 2 and Clause 3 of Article 30, Clause 2 of Article 31, Article 32, and Clause 2 of Article 35 of this Decree.

Assist the Director of the Department of Justice to chair or coordinate with specialized agencies of the provincial People's Committee to inspect according to the contents stipulated in Clause 2 of Article 34 of this Decree.

Article 37. Procedures and Formalities for Specialized Inspection

The procedures and formalities for specialized inspection shall be carried out in accordance with the provisions of Articles 52, 53, 54, 55, and Article 56 of the Inspection Law and Articles 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, and Article 28 of Decree No. 07/2012/NĐ-CP.

Article 38. Re-inspection

1. The Chief Inspector of the Ministry of Justice shall decide on re-inspection of cases that have been concluded by the Heads of the Legal Aid Department, the Department of Civil Status, Nationality, and Notarization, and the Chairpersons of provincial People's Committees within their scope and administrative management authority of the Ministry of Justice, but which show signs of violation of laws when assigned by the Minister of Justice.

2. The procedures and formalities for re-inspection shall be carried out in accordance with the provisions of Articles 48, 49, 50, 51, and Article 52 of Decree No. 86/2011/NĐ-CP.

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PLAN FOR INSPECTION AND OVERLAPPING AUTHORITY

IN INSPECTION ACTIVITIES AND DECISION-MAKING POWER

TO ISSUE INSPECTION DECISIONS

Article 39. Construction and Approval of Annual Inspection Plan

1. By no later than November 1st each year, based on guidance from the Ministry of Justice's Inspectorate and its own management requirements, the Legal Aid Department and the Department of Civil Status, Nationality, and Notarization shall propose inspection plans to the Ministry of Justice's Inspectorate for consolidation.

Based on the Inspection Program Orientation, guidance from the Government Inspector General, management requirements of the Justice sector, and proposed inspection plans from the Legal Aid Department and the Department of Civil Status, Nationality, and Notarization, the Ministry of Justice's Inspectorate shall consolidate these plans and submit them to the Minister of Justice for approval by no later than November 15th each year.

The Minister of Justice shall approve the inspection plan by no later than November 25th each year.

2. The Inspectorate of the Department of Justice shall prepare an inspection plan and submit it to the Director of the Department of Justice by no later than December 5th each year. The Director of the Department of Justice shall approve the Inspectorate's inspection plan by no later than December 15th each year.

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

Article 40. Handling Overlap in Inspection Activities

1. In cases where the inspection plan of the Ministry of Justice Inspectorate overlaps with the inspection plan of the Provincial Department of Justice Inspectorate, the plan of the Ministry of Justice Inspectorate shall be implemented.

2. The Chief Inspector of the Ministry of Justice handles overlap in inspection activities between the Ministry of Justice Inspectorate, the Legal Aid Bureau, the Civil Status, Citizenship, and Notarization Bureau, and the Provincial Department of Justice Inspectorate.

3. The Chief Inspector of the Provincial Department of Justice reports to the Chief Inspector of the province for handling overlap in inspection activities with local inspection agencies; the Chief Inspector of the Ministry of Justice collaborates with the Chief Inspector of the province to handle overlap in inspection activities within the legal sector with local inspection agencies.

Article 41. Authority to Issue Inspection Decisions

1. Competence to issue inspection decisions according to plans:

a) Based on the inspection plan, the Chief Inspector of the Ministry of Justice, the Chief Inspector of the Provincial Department of Justice, the Director of the Legal Aid Bureau, and the Director of the Civil Status, Citizenship, and Notarization Bureau issue inspection decisions and establish inspection teams.

b) Based on the inspection plan, the Chief Inspector of the Ministry of Justice, the Chief Inspector of the Provincial Department of Justice assign inspectors to conduct independent specialized inspections; the Director of the Legal Aid Bureau, and the Director of the Civil Status, Citizenship, and Notarization Bureau assign individuals tasked with performing specialized judicial inspection duties to conduct independent specialized inspections.

2. Competence to issue spot inspection decisions:

a) The Chief Inspector of the Ministry of Justice, the Chief Inspector of the Provincial Department of Justice issue ad hoc inspection decisions and establish inspection teams when signs of law violations are discovered or according to the requirements for handling complaints, accusations, anti-corruption measures when assigned or according to the requirements of the Minister of Justice, the Director of the Provincial Department of Justice. Ad hoc inspection decisions are sent to the Minister of Justice, the Director of the Provincial Department of Justice for reporting.

b) The Director of the Legal Aid Bureau, the Director of the Civil Status, Citizenship, and Notarization Bureau issue ad hoc inspection decisions and establish inspection teams for cases showing signs of law violations when assigned by the Chief Inspector of the Ministry of Justice or according to the requirements of the Minister of Justice. Ad hoc inspection decisions are sent to the Minister of Justice, the Chief Inspector of the Ministry of Justice for reporting.

3. For complex cases involving the management responsibility of multiple agencies and units, the Minister of Justice, the Director of the Provincial Department of Justice issues inspection decisions and establishes inspection teams.

Chapter IV

INSPECTORS, ASSOCIATES OF THE LEGAL SECTOR INSPECTION, PERSONS TASKED WITH PERFORMING INSPECTION DUTIES

IN THE LEGAL SECTOR

SPECIALIZED LEGAL SECTOR INSPECTION

Article 42. Inspectors of the Legal Sector

1. Inspectors of the Legal Sector are civil servants of the Ministry of Justice Inspectorate, Provincial Department of Justice Inspectorate appointed to the inspector rank to perform inspection tasks as prescribed by law and other tasks as assigned by the Chief Inspector of the Ministry of Justice, the Chief Inspector of the Provincial Department of Justice.

2. Inspectors of the Legal Sector receive salaries according to civil servant ranks; they are provided with inspection uniforms, inspection cards, insignias, and badges, and enjoy other benefits and policies as prescribed by law.

Article 43. Associates of Legal Sector Inspection

1. Associates of Legal Sector Inspection are persons recruited by the Ministry of Justice Inspectorate, Provincial Department of Justice Inspectorate to join inspection teams.

2. Associates of Legal Sector Inspection are persons not included in the establishment of state inspection agencies, having good moral character; being conscientious, honest, impartial, fair, and objective; possessing relevant expertise and skills suitable for the inspection requirements and tasks of the recruiting agency.

3. Associates of Legal Sector Inspection have duties, powers, responsibilities, and enjoy benefits and policies as prescribed by laws on inspection and related laws.

Article 44. Persons assigned to perform specialized inspection tasks in the Justice Sector

1. Persons assigned to perform specialized inspection tasks in the Justice Sector are civil servants of the Judicial Assistance Department and the Civil Status, Nationality, and Notarization Department who meet the conditions and standards as prescribed for their civil servant rank and the standards stipulated in Article 12 of Decree No. 07/2012/ND-CP.

2. Persons assigned to perform specialized inspection tasks in the Justice Sector of the Judicial Assistance Department and the Civil Status, Nationality, and Notarization Department while performing official duties have the authority to impose administrative penalties corresponding to the administrative penalty authority of judicial inspectors as prescribed in Clause 1, Article 46 of the Law on Handling Administrative Violations and Clause 1, Article 67 of Decree No. 110/2013/NĐ-CP.

Chapter V

RESPONSIBILITIES OF AUTHORITIES, ORGANIZATIONS, AND INDIVIDUALS

IN THE ACTIVITY OF INSPECTION IN THE JUSTICE SECTOR

Article 45. Responsibilities of the Minister of Justice

1. Lead and direct inspection activities within the scope of management of the Ministry of Justice.

2. Direct the construction and approval of the inspection plan of the Ministry of Justice Inspectorate, the Judicial Assistance Department, and the Civil Status, Nationality, and Notarization Department.

3. Timely address conclusions and recommendations regarding inspection work.

4. Timely resolving difficulties and obstacles in inspection work; addressing overlapping issues in inspection and supervision activities within their scope of management.

5. Other tasks as prescribed by law.

Article 46. Responsibilities of the Chairman of the People's Committee of the province

1. Direct the Department of Justice to take the lead and coordinate with the Department of Home Affairs to improve organizational structure and ensure the operation of the Department of Justice Inspectorate.

2. Direct the training and professional development of inspection staff and ensure the policy benefits for inspectors and civil servants of the Department of Justice Inspectorate.

3. Direct relevant departments of the provincial People's Committee to cooperate with the Department of Justice to ensure the effective operation of the Department of Justice Inspectorate.

Article 47. Responsibilities of the Director of the Department of Justice

1. Lead and direct inspection activities within the scope of management of the Department of Justice.

2. Direct the construction and approval of the inspection plan of the Department of Justice Inspectorate.

3. Timely address conclusions and recommendations regarding inspection work.

4. Improve organizational structure and ensure funding and operational conditions for the Department of Justice Inspectorate within their authority.

5. Promptly resolving difficulties and obstacles in inspection work; handling overlapping issues in inspection and supervision activities within the scope of management.

6. Other tasks as prescribed by law.

Article 48. Coordination responsibilities between the Justice Sector Inspectorate and related agencies and organizations

1. The Ministry of Justice Inspectorate coordinates with units under the Government Inspectorate, inspectorates of ministries and sectors, the Judicial Assistance Department, the Civil Status, Nationality, and Notarization Department, provincial inspectorates, Departments of Justice, and other related agencies in inspection activities, handling complaints and denunciations, and anti-corruption efforts.

2. The Department of Justice Inspectorate coordinates with the Ministry of Justice Inspectorate, provincial inspectorates, inspectorates of provincial departments and sectors, district inspectorates, and Justice Offices in inspection activities, handling complaints and denunciations, and anti-corruption efforts.

3. Justice Sector Inspectorates within their tasks and powers have the responsibility to coordinate with other related agencies and organizations in inspection activities, handling complaints and denunciations, anti-corruption efforts, and preventing, detecting, and dealing with violations of laws.

Chapter VI

IMPLEMENTING PROVISIONS

Article 49. Effective Date

This Decree takes effect from July 20, 2014, replacing Government Decree No. 74/2006/NĐ-CP dated August 1, 2006, on the organization and operation of the Justice Inspectorate.

Article 50. Responsibility for Implementation

1. The Minister of Justice shall organize the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairmen of provincial and centrally-administered city People's Committees, and related agencies, organizations, and individuals are responsible for implementing this Decree./.