Decision No. 61/2003/QĐ-BNV stipulates the functions, tasks, powers, and organizational structure of the Inspectorate under the Ministry of Home Affairs.

Article 1. Position and Functions

1. The State Inspectorate under the Ministry of Home Affairs (the State Inspectorate) is an organization of the Ministry of Home Affairs with the function of assisting the Minister to exercise inspection rights within the scope of state management of the Ministry, managing inspection work for agencies and units directly under the management of the Minister of the Ministry of Home Affairs, and being subject to the direction of the National Inspectorate regarding organizational and inspection business procedures; assisting the Minister to perform state management functions concerning seals in accordance with the provisions of the law.

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;

A. The State Inspectorate has the following main tasks:

1. Submitting to the Minister for approval the annual inspection program and plan of the state administrative organization sector and inspecting the implementation thereof.

2. Drafting, submitting to the Minister for issuance, and inspecting the implementation of the Inspection Regulation; Citizen Reception Regulation; Petition and Complaint Handling Regulation; and other regulations on inspection within the scope of state management of the Ministry of Home Affairs.

3. Inspecting compliance with laws and handling violations by state agencies, economic and social organizations, and citizens in the following areas: state administrative machinery organization; local government organization and administrative territorial management; civil servants, public officials, and employees of the state; associations and non-governmental organizations; state archival affairs and management of public services under the state management authority of the Ministry of Home Affairs.

4. Inspecting the implementation of policies and laws, assigned functions, and tasks by units and individuals under the Ministry of Home Affairs.

5. Directing, inspecting, and guiding the organization and inspection business procedures, and resolving complaints and accusations against agencies and units directly under the management of the Minister of the Ministry of Home Affairs and the Inspection Departments of the Organization and Administration Committees of provinces and centrally-administered cities, and the Cadre and Civil Servant Departments of ministries, ministerial-level agencies, and government agencies.

6. Verifying, concluding, and recommending the Minister to resolve complaints about disciplinary decisions for civil servants in state administrative agencies in accordance with the provisions of the law.

7. Verifying, concluding, and recommending the Minister to resolve complaints and accusations that have been resolved by the heads of agencies and units directly managed by the Minister but the parties still complain or discover signs of law violations.

8. Receiving citizens, agencies, units, and organizations, and advising and proposing recommendations to resolve complaints and accusations related to issues within the scope of state management of the Ministry.

9. Organizing training sessions on inspection business for inspectors in the state administrative organization sector.

10. Regarding seal management:

a) Advising and assisting the Minister to perform state management functions concerning seals in accordance with the provisions of the law; drafting or coordinating in drafting normative legal documents on seal management and use.

b) Coordinating with competent agencies to guide and inspect the implementation of legal provisions on seal management and use by state agencies and resolving related recommendations.

c) Assisting the Minister in organizing or coordinating in organizing mid-term and final reviews of the implementation of legal provisions on seal management and use.

11. Taking the lead or participating in scientific research, organizing domestic and international conferences and seminars on specialized inspection fields of the Ministry.

12. Assisting the Minister in organizing mid-term and final reviews of the implementation of tasks related to specialized inspection of state cadre and civil servant administration.

13. Performing comprehensive statistical work, building information databases on inspection and seal management, and coordinating with the Information Technology Center to apply information technology in management, exploitation, and utilization to serve leadership and management by the Ministry and the State Inspectorate.

14. Performing other tasks assigned by the Minister.

B. The State Inspectorate has the following main powers:

1. During the inspection process, the State Inspectorate has the powers prescribed in Article 9 of the Inspection Ordinance, including:

a) Requesting relevant agencies, units, and individuals to provide necessary information for inspection purposes; requesting relevant agencies and units to assign personnel to participate in inspection activities.

b) Requesting expert appraisal.

c) Requesting the inspected entity to provide documents, submit written reports, answer questions from the State Inspectorate or inspectors; conducting inventory checks when necessary.

d) Deciding to seal documents and seize assets if there is evidence of law violations; issuing decisions requiring competent authorities to temporarily detain money, objects, licenses issued or used illegally if immediate action is needed to prevent law violations or to verify evidence for conclusions and handling.

đ) Suspending actions if they are seen as causing or likely to cause harm to national interests, legitimate rights and interests of agencies, organizations, and citizens.

e) Temporarily suspending the execution of disciplinary decisions or job transfers of persons working with the State Inspectorate or being inspected, if it is deemed that such execution would hinder the inspection process.

g) Warning or temporarily suspending the work of cadres and civil servants who intentionally obstruct inspections or fail to comply with requests, recommendations, or decisions of the State Inspectorate or inspectors.

h) Concluding, recommending, or deciding on handling according to the provisions of the law.

i) Transferring files on law violations to competent criminal investigation authorities for resolution if there are signs of criminal offenses.

When it is determined that the measures prescribed in Clauses d, đ, e, and the temporary suspension of work of cadres and civil servants prescribed in Clause g are no longer necessary, the person who made the decision must issue a decision to revoke those measures.

2. The Chief Inspector of the State Inspectorate has the powers prescribed in Article 15 of the Inspection Ordinance, including:

a) Temporarily suspending the execution of disciplinary decisions or job transfers by the heads of agencies and units directly under the state management of the Minister of the Ministry of Home Affairs for persons working with the inspection organization or being inspected, if it is deemed that such execution would hinder the inspection process; for decisions made by the heads of agencies and units not directly managed by the Minister of the Ministry of Home Affairs, recommending the competent authority to make the decision.

b) Warning, temporarily suspending from duty civil servants under the direct management of the Minister of Public Security who intentionally obstruct inspection activities or fail to implement requests, recommendations, and decisions related to inspections; for heads of agencies and units under the direct management of the Minister of Public Security and for those not under the management of the Minister of Public Security, recommendations shall be made to the competent authority for decision;

c) Exercising other powers stipulated in Article 9 and Article 14 of the Inspection Ordinance concerning the inspected entities and relevant agencies, units, and individuals within the scope of state administration of the Ministry of Public Security;

3. When performing their duties, inspectors of the Ministry's Inspectorate have the powers prescribed in Article 24 of the Inspection Ordinance, including:

a) The powers stipulated in paragraphs a, b, c, d, and h of Clause 1, Section B, Article 2 of this Decision;

b) Temporarily suspending actions that are deemed to be currently causing or likely to cause harm to the interests of the State, rights, and legitimate interests of agencies, organizations, and citizens, while immediately reporting to the competent authority for resolution;

4. The Minister may delegate to the Ministry's Inspectorate the same powers as other functional departments of the Ministry of Public Security to assist the Minister in advising on state management of seals according to the provisions of the law;

5. The Ministry's Inspectorate may utilize cooperating officers as provided for in Article 25 of the Inspection Ordinance;

Article 3. Organization and Working System

1. The Ministry's Inspectorate has an Inspector-in-Chief, Deputy Inspectors, inspectors, and specialists;

2. The Ministry's Inspectorate has its own seal;

3. The organizational structure of the Ministry's Inspectorate includes:

- The Department of Inspection and Handling of Complaints and Petitions of the Ministry and Sector (referred to as Department I);

- The Department of Inspection and Handling of Complaints and Petitions of Localities (referred to as Department II);

- The Department of Consolidation and Seal Management;

4. The Inspector-in-Chief of the Ministry is responsible to the Minister for organizing and implementing the tasks and powers prescribed in Article 2 and has specific responsibilities and powers as follows:

a) Organizing and directing the implementation of the tasks of the Ministry's Inspectorate and being accountable to the Minister for all aspects of the Inspectorate's work;

b) Assigning tasks, supervising, urging, and inspecting the implementation of tasks by Deputy Inspectors, inspectors, and civil servants of the Ministry's Inspectorate;

c) Signing on behalf of the Minister to respond, clarify, guide procedures, and request information provision from agencies, organizations, and individuals regarding issues related to the Inspectorate's work under the management of the Minister of Public Security;

d) Cooperating with organizations within the Ministry and related agencies in resolving issues related to the functions, tasks, powers, and organization of the Ministry's Inspectorate;

đ) Implementing information dissemination for civil servants of the Ministry's Inspectorate according to the working regulations of the Ministry;

e) Deciding on the contents of reports, summaries, conclusions, and recommendations to the Minister on policies and solutions in the performance of the functions, tasks, powers, and organization of the Ministry's Inspectorate;

g) Organizing the implementation of the Ministry's regulations; managing civil servants and assets assigned according to the classification of the Ministry;

5. Deputy Inspectors of the Ministry perform their tasks and powers as prescribed and assist the Inspector-in-Chief of the Ministry in charge of one or more aspects of work as assigned by the Inspector-in-Chief of the Ministry; they are accountable to the Inspector-in-Chief of the Ministry for the tasks assigned;

6. Inspectors and civil servants of the Ministry's Inspectorate perform specialized tasks assigned by the Inspector-in-Chief of the Ministry and are accountable to the Inspector-in-Chief of the Ministry for the performance of these tasks;

7. The Ministry's Inspectorate operates under a chief executive system combined with a specialist system; in cases where the leadership of the Ministry works directly with Deputy Inspectors, inspectors, and specialists, Deputy Inspectors, inspectors, and specialists are responsible for implementing the leadership's opinions and promptly reporting back to the Inspector-in-Chief of the Ministry thereafter;

Article 4. Effectiveness and Responsibility for Implementation

1. This Decision takes effect 15 days from the date of signature;

2. The Director of the Ministry's Office, the Inspector-in-Chief of the Ministry, the Director of the Personnel Department, the Heads, and civil servants of relevant units under the Ministry of Public Security are responsible for implementing this Decision./.