Decree No. 55/2005/NĐ-CP On the Functions, Tasks, Authorities, and Organizational Structure of the Government Inspectorate

DECREE

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

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THE GOVERNMENT

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

Pursuant to the Inspection Law dated June 15, 2004;

BASED ON THE Law on Petitions and Complaints dated November 25, 1998, and the Law Amending and Supplementing Certain Provisions of the Law on Petitions and Complaints dated June 15, 2004;

BASED ON THE Ordinance on Anti-Corruption dated February 26, 1998, and the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Anti-Corruption dated May 12, 2000;

Pursuant to Decree No. 86/2002/ND-CP dated November 5, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

CONSIDERING the proposal of the Government Inspector General and the Minister of Home Affairs,

DECREE:

Article 1. Position and Functions

The State Audit Office is an agency at the level of a ministry under the Government, having the function of state management over inspection work, handling petitions and complaints; performing inspection tasks, handling petitions and complaints, and preventing and combating corruption as prescribed by law.

Article 2. Tasks and Powers

The State Audit Office is responsible for implementing the duties and powers stipulated in Decree No. 86/2002/ND-CP dated November 5, 2002 of the Government prescribing the functions, tasks, powers, and organizational structure of ministries and agencies at the level of ministries, and the following specific duties and powers:

1. Submitting to the Government and the Prime Minister draft laws, ordinances, and draft regulatory legal documents concerning inspection, handling of petitions and complaints, and prevention and combat of corruption.

2. Submitting to the Government and the Prime Minister strategic plans, programs, and long-term, five-year, and annual plans concerning inspection, handling of petitions and complaints, and prevention and combat of corruption.

3. Issuing decisions, directives, and circulars concerning inspection, handling of petitions and complaints, and prevention and combat of corruption.

4. Directing, guiding, inspecting, and organizing the implementation of regulatory legal documents, strategies, programs, and plans approved concerning inspection, handling of petitions and complaints, and prevention and combat of corruption within its scope of management; providing information, propaganda, dissemination, and education on laws related to inspection, handling of petitions and complaints, and prevention and combat of corruption.

5. Regarding inspections:

a) Directing inspection work within the scope of state management of the Government.

b) Guiding ministries, agencies at the level of ministries (hereinafter referred to as ministries), government agencies, provincial people's committees, and municipal people's committees directly under the central government (hereinafter referred to as provincial-level people's committees) in building and implementing inspection programs and plans of ministries, sectors, and localities.

c) Inspecting the implementation of policies, laws, and tasks of ministries, government agencies, and provincial-level people's committees.

Inspecting cases involving the responsibility for state management of multiple ministries, government agencies, and multiple provinces and centrally-administered municipalities.

d) Inspecting other cases assigned by the Prime Minister.

đ) Requesting ministers, heads of agencies at the level of ministries (hereinafter referred to as ministers), heads of government agencies, chairpersons of provincial-level people's committees to inspect cases within the scope of management of ministries, sectors, and localities.

e) Recommending ministers to suspend the enforcement or revoke regulations issued by their ministries that contravene national legal documents and the Inspector General's regulations on inspection work; if the minister does not suspend or revoke such documents, then submitting them to the Prime Minister for decision.

f) Suspending the enforcement and requesting the Prime Minister to abolish regulations of provincial-level people's committees and chairpersons of provincial-level people's committees that contravene national legal documents and the Inspector General's regulations on inspection work.

g) Recommending the Prime Minister to consider responsibility and handle persons who violate laws under his management; coordinating with heads of organizations in considering responsibility and handling persons who violate laws under their management.

h) Considering issues where the head of the Ministry Inspector disagrees with the minister or the head of the provincial inspector disagrees with the chairperson of the provincial-level people's committee regarding inspection work and recommending the minister or the chairperson of the provincial-level people's committee to reconsider; if the minister or the chairperson of the provincial-level people's committee does not reconsider or has reconsidered but the Inspector General still disagrees, then reporting to the Prime Minister for decision.

i) Leading the resolution of overlapping time and content in inspections and audits conducted by inspection teams established by ministers, heads of government agencies, and chairpersons of provincial-level people's committees.

6. Regarding the handling of petitions and complaints:

a) Organizing public reception; receiving and processing petitions and complaints within their jurisdiction.

b) Handling complaints that the head of a government agency handles but still have complaints. This decision is the final decision on handling complaints.

c) Recommending ministers or requiring chairpersons of provincial-level people's committees to reconsider final decisions on handling complaints that violate the law, causing damage to the interests of the State, the rights and legitimate interests of citizens, agencies, and organizations.

d) Assisting the Prime Minister in supervising and urging ministries to resolve complaints related to multiple localities and areas of state management.

đ) Verifying and concluding the content of complaints, proposing measures to handle complaints within the Prime Minister's jurisdiction when assigned.

e) Examining and concluding the content of complaints that ministers, heads of government agencies, and chairpersons of provincial-level people's committees handle but violate the law; in case the conclusion on handling complaints violates the law, then recommending the handler to reconsider and handle again.

7. Regarding prevention and combat of corruption:

a) Cooperating with agencies and organizations in detecting acts of corruption; handling persons who commit acts of corruption according to the law.

b) Leading and cooperating with the Ministry of National Defense, the Ministry of Public Security, and relevant agencies to assist the Prime Minister in guiding, inspecting, and urging all levels and sectors in preventing and detecting acts of corruption and handling persons who commit acts of corruption.

8. During the process of performing inspection tasks, handling petitions and complaints, and preventing and combating corruption, other powers of the State Audit Office as prescribed by law shall be applied; it may request relevant agencies and units to assign officials and civil servants to join inspection teams.

9. Summarize, report on the results of inspection, complaint resolution, accusation handling, and anti-corruption work within the scope of the Government's administrative management; summarize experiences related to inspection work, complaint resolution, accusation handling, and anti-corruption efforts.

10. Implement international cooperation in inspection work, complaint resolution, accusation handling, and anti-corruption efforts.

11. Organize and direct the implementation of scientific research plans and the application of advanced science and technology in the field of inspection, complaint resolution, accusation handling, and anti-corruption efforts.

12. Decide and direct the implementation of the administrative reform program according to the objectives and content of the State administrative reform program approved by the Prime Minister.

13. Direct and guide the organization and training in inspection business for the cadre and civil servants engaged in inspection work.

Coordinate with the Minister, Head of government agencies, and Chairman of provincial People's Committees regarding the appointment, dismissal, and removal from office of the Heads of Inspection Departments of Ministries, government agencies, and provinces; implement personnel management and appointment of inspection ranks in accordance with the provisions of the law.

14. Manage organizational structure, staffing; organize the implementation of salary systems and incentive policies, rewards, and disciplinary measures for cadres, civil servants, and public officials under the Government Inspectorate.

15. Manage and direct activities of subordinate organizations in accordance with the provisions of the law.

16. Manage finance, assets assigned, and organize the implementation of allocated budgets in accordance with the provisions of the law.

Article 3. Organizational Structure

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

1. Department of Inspection and Complaint Resolution for Economic Sectors (referred to as Department I).

2. Department of Inspection and Complaint Resolution for Comprehensive Economic Sectors (referred to as Department II).

3. Department of Inspection and Complaint Resolution for Internal Affairs - Cultural and Social Sectors (referred to as Department III).

4. Department of Inspection and Complaint Resolution for Region 1 (referred to as Department IV).

5. Department of Inspection and Complaint Resolution for Region 2 (referred to as Department V).

6. Department of Citizen Reception and Petition Handling (referred to as Department VI).

7. Legal Affairs Department;

8. Department of Organization and Cadre Management.

9. Department of International Cooperation.

10. Office;

Department VI and the Office shall establish divisions as decided by the Chief Inspector; have representatives in Ho Chi Minh City and have their own seals.

b) Non-profit organizations:

1. Institute of Inspection Science.

2. Inspection Cadre School.

3. Inspection Newspaper.

4. Inspection Magazine.

5. Information Technology Center.

Article 4. Effectiveness

This Decree takes effect fifteen days after its publication in the Official Gazette; it abolishes Decree No. 46/2003/NĐ-CP dated May 9, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the National Inspectorate.

Article 5. Responsibility for Implementation

The Chief Inspector, Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairmen of provincial People's Committees directly under the Central Government are responsible for implementing this Decree./.