Decree No. 63/2006/NĐ-CP on the organization and operation of inspection in the People's Public Security

DECREE

Regarding the organization and operation of the People's Public Security Inspection

______________

 

THE GOVERNMENT

 

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

Based on the Law on Inspection dated June 15, 2004;

Pursuant to the National Security Law dated December 3, 2004;

Pursuant to the Public Security Law dated November 29, 2005;

Based on the Ordinance on Administrative Violation Handling dated July 2, 2002;

Considering the proposal of the Minister of Public Security

 

DECREE

 

PART I

GENERAL PROVISIONS

Article 1. Position and functions of the People's Public Security Inspection

The People's Public Security Inspection is a state inspection organized as a system within the People's Public Security, having the function of administrative inspection and specialized inspection within the scope of state management of the Ministry of Public Security.

Article 2. Objects of inspection by the People's Public Security Inspection

1. Agencies and individuals under the management of the Ministry of Public Security.

2. Agencies, organizations, and individuals of Vietnam in the implementation of laws on national security protection and public order and social safety within the scope of state management of the Ministry of Public Security.

3. Agencies, organizations, and individuals from foreign countries in Vietnam engaging in activities related to laws on national security protection and public order and social safety within the scope of state management of the Ministry of Public Security. In cases where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions from this Decree, such treaties shall be applied.

Article 3. Principles of inspection activities of the People's Public Security

1. The inspection activities of the People's Public Security must comply with the law and regulations of the Minister of Public Security; ensuring accuracy, objectivity, honesty, transparency, democracy, and timeliness; not hindering the normal operations of agencies, organizations, and individuals subject to inspection and those related.

2. When conducting inspections, the person issuing the inspection decision, the head of the inspection agency, the head of the inspection team, the inspector, and members of the inspection team must bear responsibility under the law for their actions and decisions.

Article 4. Work relationship of the People's Public Security Inspection

1. Inspection agencies of the People's Public Security operate under the direct management and guidance of the heads of the same-level public security agencies, while also being subject to guidance on work, organization, and inspection procedures by higher-level People's Public Security Inspections.

2. The Inspection Department of the Ministry of Public Security provides guidance on inspection work, organization, and inspection procedures for the Inspection Departments of units and localities.

3. The People's Public Security Inspection collaborates with the Inspections of other ministries, sectors, and relevant agencies at central and local levels during the inspection process concerning issues related to the fields of state management of the Ministry of Public Security and in preventing, stopping, and combating violations of the law.

Chapter II

ORGANIZATION, TASKS, POWERS

OF THE PEOPLE'S PUBLIC SECURITY INSPECTION

Article 5. Organization System of the People's Public Security Inspection

1. The organization system of the People's Public Security Inspection includes:

a) Inspectorate of the Ministry of Public Security (hereinafter referred to as the Inspectorate of the Ministry);

b) General Inspectorate;

c) Inspection of the Commandant of the Guard Service; Inspection of the Prison Management Bureau, Educational Facilities, and Reformatory Schools;

d) Inspection of the Provincial Police (hereinafter referred to collectively as the Provincial Police Inspection);

đ) Inspection of the District Police, County Police, City Police under Prefectures, and City Police under Provinces (hereinafter referred to collectively as the District Police Inspection).

2. Arrangement of staff to perform inspection duties in places without an inspection organization:

The Minister of Public Security stipulates the arrangement of specialized inspectors in units without inspection organizations within the police and security forces responsible for state management of security and order at the Ministry of Public Security and provincial police levels to carry out specialized inspection tasks. In cases where units at the Brigade level or equivalent and above within the Ministry of Public Security and provincial police levels do not have inspection organizations, the unit leaders will be responsible for arranging staff under their management to conduct administrative inspections at the unit according to the instructions and guidance of higher-level People's Public Security Inspections.

3. The Minister of Public Security specifies in detail the organization and operation of inspections by inspection agencies and units specified in Clauses 1 and 2 of this Article.

4. State-owned enterprises within the People's Public Security organize People's Inspection Committees directed by the Trade Union Committee of the enterprise in accordance with the law on inspection.

Section 1

INSPECTION DEPARTMENT

Article 6. Position, functions, organization of the Inspectorate of the Ministry

1. The Inspectorate of the Ministry is an organ of the Ministry of Public Security, directly under the direction of the Minister of Public Security, while also being subject to guidance on work, organization, and inspection business from the Government Inspectorate; it has the responsibility to assist the Minister of Public Security in uniformly managing state administration regarding inspection work, handling complaints and denunciations, and preventing and combating corruption within the People's Public Security; implementing administrative inspection and specialized inspection tasks in areas within the scope of the Ministry of Public Security’s state management.

2. The Inspectorate of the Ministry consists of the Chief Inspector, Deputy Chief Inspectors, and Inspectors. The Chief Inspector of the Ministry is appointed, relieved of duty, or dismissed by the Minister of Public Security after consultation with the General Inspector. The appointment, relief of duty, or dismissal of Deputy Chief Inspectors and Inspectors shall be carried out in accordance with the provisions of the law.

3. The organizational structure and staffing of the Inspectorate of the Ministry shall be determined by the Minister of Public Security.

Article 7. Tasks and Authorities of the Inspectorate of the Ministry

1. Lead or participate in drafting normative legal documents related to the organization and operation of inspection activities within the People's Public Security for submission to competent authorities for issuance.

2. Inspect the implementation of policies, laws, and work tasks of public security units and localities, as well as officers and soldiers of the public security force, according to the regulations on hierarchical management by the Minister of Public Security.

3. Organize inspections, direct functional units to conduct inspections on agencies, organizations, and individuals regarding compliance with laws in areas within the scope of the Ministry of Public Security’s state management concerning national security protection and social order and safety.

4. Imposing administrative penalties in accordance with the law on handling administrative violations.

5. Assist the Minister of Public Security in uniformly managing state administration regarding complaint resolution and accusation handling within the responsibility of the Ministry of Public Security; verify, conclude, and recommend actions for complaint resolution and accusation handling within the authority of the Minister of Public Security and organize citizen reception according to the law on complaints and accusations.

6. Implement anti-corruption tasks within the People's Public Security according to the law on preventing and combating corruption.

7. Monitor, inspect, and urge the implementation of conclusions, recommendations, and decisions on inspections issued by the Ministry of Public Security.

8. Manage, inspect, guide on inspection work, organization, and training of inspection skills within the People's Public Security.

9. Summarize, research science; exchange information and experience on inspection work according to the regulations of the Minister of Public Security and the General Inspector.

10. Aggregate and report to the Minister of Public Security and the General Inspector on the results of inspection work; complaint resolution and accusation handling; citizen reception; anti-corruption within the People's Public Security within the scope of the Ministry of Public Security’s state management.

11. Perform other tasks assigned by the Minister of Public Security.

Article 8. Duties and Authorities of the Inspector General of the Ministry

1. Lead, direct, guide, and inspect inspection work within the scope of the Ministry of Public Security’s state management.

2. Develop programs and plans for inspection work within the People's Public Security for approval by the Minister of Public Security and organize their implementation.

3. Submit to the Minister for decision on conducting inspections when signs of law violations are discovered or due to requirements of anti-corruption work; decide on inspections within their authority, form inspection teams, appoint Inspectors, and recruit Inspector Collaborators to conduct inspections according to the law.

4. Recommend the Minister to handle overlapping and repetitive programs, plans, and contents of inspections and audits within the People's Public Security; advise the Minister of Public Security on requesting the Chairman of the Provincial People's Committee to direct the resolution of overlapping and repetitive programs, plans, and contents of inspections and audits within the scope of the Ministry of Public Security’s state management at the provincial level.

5. Recommend the Minister to temporarily suspend the execution of decisions made by agencies, organizations, and individuals directly managed by the Ministry of Public Security if there is evidence that such decisions violate the law or affect inspection activities.

6. Administer administrative penalties according to the law on administrative violation handling.

7. Recommend the Minister to consider responsibility and handle persons under the Minister's management who violate legal provisions or regulations of the Minister of Public Security; coordinate with heads of agencies and organizations in considering responsibility and handling persons who violate the law under the management of those agencies and organizations; recommend the Heads of Public Security Units and Localities to reconsider contents related to inspections, complaint resolution, and accusation handling that violate the law; if the above request is not implemented, report to the Minister of Public Security for decision.

8. Reconsider or request the Director of the General Department, the Heads of Public Security Units directly under the Ministry, and the Directors of Public Security at the provincial level to reconsider issues related to inspection work that the Chiefs of Inspection of the General Department, the Chiefs of Inspection of Units directly under the Ministry, and the Chiefs of Inspection of Public Security at the provincial level do not agree with the Heads of Public Security at the same level; if the above request is not implemented, report to the Minister of Public Security for decision.

9. Recommend the Minister of Public Security to resolve issues related to inspection work; if the recommendation is not accepted, report to the General Inspector.

10. Monitor, inspect, and urge the implementation of conclusions, recommendations, and decisions on inspections issued by the Ministry of Public Security.

11. Performing tasks related to anti-corruption as prescribed by law on anti-corruption.

12. Report to the Minister and the General Inspector on the results of inspection work; complaint resolution and accusation handling; citizen reception; anti-corruption within the People's Public Security within the scope of their responsibility.

13. Inspect and audit the responsibility of Heads of agencies and units under the management of the Minister of Public Security in implementing laws on inspections.

14. Propose competent authorities to appoint, relieve of duty, or dismiss the Chiefs of Inspection of Public Security Units and Localities; propose the appointment, relief of duty, or dismissal of Inspectors of the People's Public Security according to the law and the regulations on hierarchical management of cadres by the Minister of Public Security.

15. Manage, lead, and direct the Inspectorate of the Ministry to perform tasks and powers as stipulated in this Decree and other relevant legal documents.

Section 2

INSPECTORATE OF THE GENERAL DEPARTMENT; INSPECTORATE ORDINANCE OF THE MINISTRY OF PUBLIC SECURITY;

INSPECTORATE GENERAL OF PRISON MANAGEMENT, EDUCATIONAL INSTITUTIONS AND REFORM THROUGH LABOUR SCHOOLS

AND EDUCATIONAL INSTITUTIONS

Article 9. Position, functions, organization of the Inspectorate General

1. The Inspectorate General is a unit under the General Department of the Ministry of Public Security, directly subject to the leadership of the General Department Director and guidance on inspection work and business from the Inspectorate of the Ministry; it is responsible for assisting the General Department Director in managing inspection work, handling complaints and denunciations, and preventing and combating corruption within the scope of the General Department; it performs administrative inspection tasks against units and individuals under the management of the General Department Director.

2. The General Inspectorate has the Chief Inspector, Deputy Chief Inspector, and Inspectors.

Appointment, dismissal, and removal of the Chief Inspector of the Inspectorate General shall be carried out according to the regulations on cadre management levels of the Minister of Public Security based on the proposal of the General Department Director after reaching consensus with the Chief Inspector of the Ministry and relevant functional units; the appointment, dismissal, and removal of Deputy Chief Inspectors and Inspectors shall be implemented in accordance with the provisions of the law.

3. The organizational structure and staffing of the Inspectorate General shall be regulated by the Minister of Public Security.

Article 10. Tasks and Authorities of the Inspectorate General

1. Inspect the implementation of policies, laws, and work tasks of units and People's Police officers under the General Department according to the program and plan approved by the General Department Director, based on the annual inspection program of the Ministry of Public Security.

2. Assist the General Department Director in uniformly managing complaint and denunciation resolution work within the responsibility of the General Department; verify, conclude, and recommend the resolution of complaints and the handling of denunciations within the authority of the General Department Director and organize citizen reception in accordance with the law on complaints and denunciations.

3. Implement anti-corruption tasks in accordance with the law on anti-corruption.

4. Monitor, inspect, and urge the implementation of conclusions, recommendations, and decisions on inspections issued by the General Department.

5. Assist the General Department Director in managing, inspecting, guiding, and organizing training in inspection work for Heads and dedicated or concurrently serving Inspectors of units under the General Department.

6. Summarize, conduct scientific research; exchange information and experience on inspection work in accordance with the law.

7. Aggregate and report to the General Department Director and the Chief Inspector of the Ministry on the results of inspection work; complaint and denunciation resolution; citizen reception; anti-corruption within the management scope of the General Department.

8. Perform other tasks assigned by the General Department Director or the Chief Inspector of the Ministry in accordance with the law.

Article 11. Tasks and Authorities of the Chief Inspector of the Inspectorate General

1. Lead, direct, guide, and inspect inspection work in units under the General Department.

2. Develop the annual inspection program of the General Department for approval by the General Department Director and organize its implementation.

3. Propose the General Department Director to decide on inspection when signs of law violations are discovered or due to requirements of anti-corruption work; decide on inspection within their authority, establish an Inspection Team, appoint Inspectors, summon Inspectors and Auxiliary Inspectors of the People's Police to carry out inspections in accordance with the law.

4. Recommend the General Department Director, report to the Chief Inspector of the Ministry to handle overlapping, duplicate programs, contents of inspections within the management scope of the General Department.

5. Recommend the General Department Director or report to the Chief Inspector of the Ministry to propose the Minister of Public Security to decide on temporarily suspending the execution of decisions of agencies, organizations, or individuals directly managed by the General Department Director if there is evidence that such decisions violate the law or affect inspection activities.

6. Recommend the General Department Director to consider responsibility and handle persons under the management of the General Department Director who have violated legal provisions or regulations of the Minister of Public Security; coordinate with heads of agencies and organizations in considering responsibility and handling persons under their management who have violated regulations.

7. Recommend the General Department Director to resolve issues related to inspection work; if such recommendation is not accepted, report to the Chief Inspector of the Ministry for direction and resolution.

8. Monitor, inspect, and urge the implementation of conclusions, recommendations, and decisions on inspections within the General Department.

9. Implement anti-corruption tasks in accordance with the law on anti-corruption.

10. Report to the General Department Director and the Chief Inspector of the Ministry on the results of inspection work; complaint and denunciation resolution; citizen reception; internal anti-corruption within the General Department within their responsibility.

11. Propose competent authorities to appoint, dismiss, or remove Deputy Chief Inspectors and Inspectors at units under the General Department.

12. Manage, lead, and direct the Inspectorate General to perform tasks and authorities as stipulated in Article 10 of this Decree and perform other tasks and authorities in accordance with the law.

Article 12. Inspection of the General Department of Security Guard Command; Inspection of the Prison Management General Department, Educational Institutions, and Rehabilitation Schools

Clause 1. The Inspection of the General Department of Security Guard Command; Inspection of the Prison Management General Department, Educational Institutions, and Rehabilitation Schools shall be directly under the direction of the Head of the Unit, while also being subject to guidance on work and inspection procedures from the Inspection of the Ministry of Public Security; they are responsible for assisting the Commander and Director in managing inspection work, handling complaints and denunciations, and preventing corruption within their internal units; they shall perform administrative inspection duties within the scope of management of the Commander and Director.

Clause 2. The Inspection of the General Department of Security Guard Command; Inspection of the Prison Management General Department, Educational Institutions, and Rehabilitation Schools shall have an Inspector-in-Chief, Deputy Inspector-in-Chief, and Inspectors.

The appointment, removal, and dismissal of the Inspector-in-Chief of the General Department of Security Guard Command; Inspector-in-Chief of the Prison Management General Department, Educational Institutions, and Rehabilitation Schools shall be carried out according to the regulations on the分级管理干部的规定，经司令、局长提议，并与公安部监察长和其他职能单位协商一致后，由公安部部长决定；副监察长和监察员的任命、免职和撤职按照法律规定执行。

Clause 3. The organizational structure and staffing of the Inspection of the General Department of Security Guard Command; Inspection of the Prison Management General Department, Educational Institutions, and Rehabilitation Schools shall be prescribed by the Minister of Public Security.

Clause 4. The tasks and powers of the Inspection of the General Department of Security Guard Command; Inspection of the Prison Management General Department, Educational Institutions, and Rehabilitation Schools shall be applied according to the provisions of Article 10 of this Decree.

The tasks and powers of the Inspector-in-Chief of the General Department of Security Guard Command; Inspector-in-Chief of the Prison Management General Department, Educational Institutions, and Rehabilitation Schools shall be applied according to the provisions of Article 11 of this Decree.

Section 3

PROVINCIAL PUBLIC SECURITY INSPECTION

AND COUNTY PUBLIC SECURITY INSPECTION

Article 13. Position, functions, organization of Provincial Public Security Inspection

Clause 1. The Provincial Public Security Inspection is an organ of the Provincial Public Security, directly under the direction of the Provincial Public Security Director, while also being subject to guidance on work, organization, and inspection procedures from the Inspection of the Ministry of Public Security; it is responsible for assisting the Provincial Public Security Director in managing inspection work, handling complaints and denunciations, and preventing corruption among public security personnel; it shall perform administrative inspection and specialized inspection duties within the scope of national management of the Ministry of Public Security on provincial territory.

Clause 2. The Provincial Public Security Inspection shall have an Inspector-in-Chief, Deputy Inspector-in-Chief, and Inspectors.

The appointment, removal, and dismissal of the Inspector-in-Chief shall be proposed by the Provincial Public Security Director, agreed upon with relevant functional units at the Ministry, and decided by the Minister of Public Security.

The appointment, removal, and dismissal of the Deputy Inspector-in-Chief and Inspectors shall be carried out according to the provisions of the law.

Clause 3. The organizational structure of the Provincial Public Security Inspection shall be prescribed by the Minister of Public Security.

Article 14. Tasks and Powers of the Provincial Public Security Inspection

Clause 1. Inspect the implementation of policies, laws, and work tasks of public security units and localities, and public security officers under the management of the Provincial Public Security Director.

Clause 2. Organize inspections of agencies, organizations, and individuals regarding compliance with laws in areas under the national management of the Ministry of Public Security concerning national security protection and social order and safety on provincial territory.

3. Impose administrative penalties according to the provisions of the Law on Handling Administrative Violations.

Clause 4. Assist the Provincial Public Security Director in uniformly managing complaint resolution and accusation handling within the responsibility of the Provincial Public Security; verify, conclude, and propose solutions for complaint resolution and accusation handling within the authority of the Provincial Public Security Director, and organize citizen reception according to the law on complaints and accusations.

Clause 5. Implement anti-corruption tasks according to the law on anti-corruption.

Clause 6. Monitor, inspect, and urge the implementation of inspection conclusions, recommendations, and decisions made by the Provincial Public Security.

Clause 7. Assist the Provincial Public Security Director in managing, inspecting, guiding inspection work, organizing training in inspection procedures for heads and dedicated or concurrently serving inspectors in units under the Provincial Public Security.

Clause 8. Summarize, conduct scientific research; exchange information and experience on inspection work in the Provincial Public Security according to the law.

Clause 9. Compile and report to the Provincial Public Security Director and the Inspector-in-Chief of the Ministry of Public Security on the results of inspection work; complaint and accusation resolution; citizen reception; anti-corruption within the management scope of the Provincial Public Security.

Clause 10. Perform other tasks assigned by the Provincial Public Security Director or the Inspector-in-Chief of the Ministry according to the law.

Article 15. Tasks and Authorities of the Inspector General of the Provincial Public Security Force

1. Leading, directing, guiding, and inspecting the inspection work of units and localities under the management of the Director of the Provincial Public Security Force.

2. Building inspection programs and plans for the Provincial Public Security Force to be submitted to the Director of the Provincial Public Security Force for approval and organizing their implementation.

3. Submitting to the Director of the Provincial Public Security Force for decision to conduct inspections when signs of law violations are detected or due to requirements for anti-corruption work; deciding on inspections within their authority, forming inspection teams, appointing Inspectors, and summoning People's Public Security Inspection Collaborators to carry out inspections in accordance with the law.

4. Recommending the Director of the Provincial Public Security Force to handle overlapping and repetitive inspection programs, plans, and contents within the management scope of the Provincial Public Security Force.

5. Recommending the Director of the Provincial Public Security Force to temporarily suspend the execution of decisions made by agencies, organizations, or individuals directly managed by the Director of the Provincial Public Security Force if there is evidence that such decisions violate the law or affect inspection activities.

6. Administer administrative penalties according to the law on administrative violation handling.

7. Recommending the Director of the Provincial Public Security Force to consider responsibility and handle persons under his management who violate laws or regulations set by the Minister of Public Security.

8. Recommending the Director of the Provincial Public Security Force to resolve issues related to inspection work; if the recommendation is not accepted, reporting to the Inspector General of the Ministry of Public Security for guidance and resolution.

9. Monitoring, inspecting, and urging the implementation of conclusions, recommendations, and decisions on handling inspections within the scope of the Provincial Public Security Force.

10. Implementing anti-corruption tasks in accordance with the law on anti-corruption.

11. Reporting to the Director of the Provincial Public Security Force and the Inspector General of the Ministry of Public Security on inspection work, complaints and grievances resolution, citizen reception, and anti-corruption within the People's Public Security force under their responsibility.

12. Proposing competent authorities to appoint, dismiss, or remove from office Deputy Inspectors and other positions within the Provincial and District Public Security Inspections according to the law and the classification of cadre management by the Minister of Public Security.

13. Managing, leading, and directing the Provincial Public Security Inspection agency to perform tasks and authorities as stipulated in Article 14 of this Decree and performing other tasks and authorities as prescribed by law.

Article 16. Position, Functions, Organization, Tasks, and Authorities of the District Public Security Inspection

1. The District Public Security Inspection shall be organized in the form of an Inspection Team or dedicated Inspectors under the District Public Security Chief, directly subject to the leadership of the District Public Security Chief, while also being subject to the leadership and guidance on inspection work and procedures by the Provincial Public Security Inspection.

2. The District Public Security Inspection has the responsibility to assist the District Public Security Chief in managing inspection work; resolving complaints and grievances and internal anti-corruption; conducting administrative inspections within the management scope of the District Public Security; verifying, concluding, and recommending the resolution of complaints and the handling of accusations within the authority of the District Public Security Chief when assigned; implementing internal anti-corruption tasks.

3. The Minister of Public Security shall specify the organization of the Inspection Team or dedicated Inspectors and specifically define the position, functions, tasks, authorities, appointment, dismissal, and removal from office of the positions within the District Public Security Inspection.

Chapter III

INSPECTORS AND COLLABORATORS

PUBLIC SECURITY INSPECTION

Article 17. Police Inspectors of the People's Public Security Force

1. Officers of the People's Public Security Force who are assigned to perform specialized inspection duties and meet the required standards under the law shall be considered for appointment as Police Inspectors of the People's Public Security Force by the competent authority; the procedures for appointment, dismissal, and removal; issuance, replacement, and revocation of Police Inspector identification cards shall be carried out in accordance with the law.

2. When performing inspection tasks, Police Inspectors of the People's Public Security Force have the following responsibilities and authorities:

a) Conduct inspections; verify complaints and reports; receive citizens; prevent and combat corruption and other tasks within the jurisdiction of the Inspection Agency as assigned by the head of the Inspection Agency or the authorized head of the Public Security Agency;

b) Utilize specialized technical means and methods and be provided with necessary conditions to serve inspection work;

c) Conduct inspections upon decision of the head of the People's Public Security Inspection Agency or the authorized head of the Public Security Agency; in urgent cases requiring immediate action to stop illegal acts, Police Inspectors of the People's Public Security Force may apply measures prescribed by law to prevent and handle such violations, while immediately reporting to the Chief Inspector of the same level Public Security Agency and bearing responsibility before the law for their handling measures;

d) When conducting administrative inspection activities, Police Inspectors of the People's Public Security Force must comply with the provisions of Article 40 of the Inspection Law and other relevant laws;

e) When conducting specialized inspection activities, Police Inspectors of the People's Public Security Force must comply with the provisions of Article 50 of the Inspection Law and other relevant laws.

Article 18. Collaborators of the People's Public Security Inspection Agency

1. Collaborators of the People's Public Security Inspection Agency, when summoned according to the law to join inspection teams, must be individuals with appropriate expertise and vocational skills for the inspection tasks, possessing good political qualities, moral integrity, sense of responsibility, honesty, objectivity, and fairness.

2. Collaborators of the People's Public Security Inspection Agency carry out tasks as assigned by the head of the Inspection Agency, the head of the inspection team, or the Police Inspector of the People's Public Security Force; they can propose issues related to the inspection content within their assigned scope and tasks; report the results of their tasks to the head of the inspection team and the head of the People's Public Security Inspection Agency; bear responsibility before the law, the head of the inspection team, and the head of the Inspection Agency for the accuracy and honesty of their reports.

Article 19. Responsibilities of Police Inspectors and Collaborators of the People's Public Security Inspection Agency

When conducting inspections, Police Inspectors and Collaborators of the People's Public Security Inspection Agency must fulfill their responsibilities in accordance with the provisions of Article 33 of the Inspection Law.

Article 20. Treatment and Policies for Police Inspectors and Collaborators of the People's Public Security Inspection Agency

1. Police Inspectors of the People's Public Security Force enjoy the common treatment and policies of the People's Public Security Force and share the same benefits as state inspectors.

The Minister of Public Security shall specify the application of ranks for officers of the People's Public Security Force and guidelines on treatment and policies for Police Inspectors within the People's Public Security Force; the arrangement, utilization, training, enhancement, and management of Police Inspectors of the People's Public Security Force.

2. Standards and incentive policies for Collaborators of the People's Public Security Inspection Agency shall be implemented in accordance with the regulations of the Government.

Chapter IV

ACTIVITIES OF THE PEOPLE'S PUBLIC SECURITY INSPECTION AGENCY

Article 21. Approval of inspection programs and plans

1. The Minister of Public Security shall approve the inspection program and plan for the following year submitted by the Inspector General of the Ministry of Public Security no later than December 31 of the current year.

2. Based on the approved inspection program and plan of the People's Public Security, the Inspectors of units and localities shall develop specific inspection programs and plans for their units, submit them to the heads of the same-level public security agencies for approval, and organize the implementation of these programs and plans.

3. In cases where it is necessary to adjust the inspection program and plan, the Inspector General of units and localities, the Team Leader of the Inspection Team, or the dedicated inspector of the county-level public security agency shall issue a written request to the head of the same-level public security agency for approval. Within fifteen days from the date of receipt of the request, the head of the same-level public security agency shall be responsible for reviewing and deciding, and informing the inspection agency and related agencies.

Article 22. Forms of inspection and grounds, authority, contents of inspection decisions

1. The forms of administrative inspection and specialized police inspection include inspections according to the program and plan and surprise inspections.

2. The issuance of administrative inspection and specialized police inspection decisions must be based on one of the following grounds:

a) An inspection program or plan that has been approved by the competent authority;

b) Requests from heads of public security agencies at all levels;

c) When signs of violation of laws and regulations within the scope of management of the Ministry of Public Security are discovered.

3. Authority to issue inspection decisions:

a) Based on the approved inspection program and plan, the head of the public security inspection agency shall issue an inspection decision and establish an inspection team; if necessary, the head of the same-level public security agency shall issue an inspection decision, establish an inspection team, and organize the implementation of the inspection decision;

b) In cases where violations of laws that require prompt inspection are discovered, the Inspector General of the Ministry of Public Security and the Inspector General of provincial-level public security agencies shall issue a surprise inspection decision and report immediately to the Minister of Public Security and the Provincial Public Security Director;

c) If the Inspector General assigns tasks to specialized inspectors to conduct independent inspections, such assignments must be in writing, clearly stating the scope, tasks, and time frame for conducting the inspection.

4. Inspection decisions must contain the contents prescribed in Articles 37 and 47 of the Inspection Law.

Article 23. Time limit for inspections

1. Administrative inspections conducted by the Inspectorate of the Ministry of Public Security and Inspectorates under the Ministry of Public Security shall not exceed forty-five days; in complex cases, they may be extended, but the total duration shall not exceed seventy days.

2. Administrative inspections conducted by other levels of the Inspectorate in the People's Public Security shall not exceed thirty days; if necessary, they may be extended, but the total duration shall not exceed forty-five days.

3. Specialized inspections organized by inspection teams shall not exceed thirty days; if necessary, they may be extended once, but the total inspection period shall not exceed sixty days.

4. Extensions of the inspection periods specified in Clauses 1, 2, and 3 of this Article shall be decided by the person with the authority to issue the inspection decision.

5. The duration of an inspection is calculated from the date of publication of the inspection decision until the end of the inspection at the inspected location, excluding holidays and rest days as provided by law.

Article 24. Tasks, powers, and responsibilities of the Head of the Inspection Team and members of the Inspection Team

1. When performing administrative inspection tasks, the Head of the People's Public Security Inspection Team shall have the tasks, powers, and responsibilities stipulated in Article 39 of the Inspection Law, Clauses 1 and 2 of Article 26, Articles 27, 28, 29, 30, 31, 32, 33, and Article 34 of Decree No. 41/2005/ND-CP dated March 25, 2005 of the Government detailing and guiding the implementation of certain provisions of the Inspection Law (hereinafter referred to as Decree No. 41/2005/ND-CP), other relevant legal provisions, and shall be responsible before the person issuing the inspection decision and before the law for all actions and decisions made by themselves.

When performing specialized inspection tasks, the Head of the People's Public Security Specialized Inspection Team shall have the tasks, powers, and responsibilities stipulated in Articles 49 and 50 of the Inspection Law, Clauses 1 and 2 of Article 26, Articles 27, 28, 29, 30, 31, 32, 33, 34, and Article 35 of Decree No. 41/2005/ND-CP, other relevant legal provisions, and shall be responsible before the person issuing the inspection decision and before the law for all actions and decisions made by themselves.

2. When performing administrative inspection tasks, the People's Public Security Inspector who is a member of the People's Public Security Inspection Team shall have the tasks, powers, and responsibilities stipulated in Article 40 of the Inspection Law, Clause 1 of Article 26, Articles 27 and 28 of Decree No. 41/2005/ND-CP, other relevant legal provisions, and shall be responsible before the law for all actions and decisions made by themselves.

When performing specialized inspection tasks, the People's Public Security Inspector who is a member of the People's Public Security Specialized Inspection Team shall have the tasks, powers, and responsibilities stipulated in Article 50 of the Inspection Law, Clause 1 of Article 26, Articles 27 and 28 of Decree No. 41/2005/ND-CP, other relevant legal provisions, and shall be responsible before the person issuing the inspection decision and before the law for all actions and decisions made by themselves.

3. During the inspection process, other members of the Inspection Team shall perform the tasks, powers, and responsibilities stipulated at Points a, c, d, and đ Clause 1 of Article 40 of the Inspection Law and Clause 1 of Article 26 of Decree No. 41/2005/ND-CP.

Article 25. Inspection files, reports on inspection results, and inspection conclusions

1. The establishment of inspection files, the preparation of reports on inspection results, the issuance of inspection conclusions, the publication or delivery of inspection conclusions to the inspected entity and related agencies, organizations, and individuals shall be carried out in accordance with the provisions of Articles 41, 43, 51, and Article 56 of the Inspection Law, and Articles 34 and 35 of Decree No. 41/2005/ND-CP.

2. The management and use of People's Public Security inspection business files shall be implemented in accordance with the law and regulations of the Minister of Public Security on archiving.

Chapter V

RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS, AND INDIVIDUALS IN THE IMPLEMENTATION OF INSPECTION CONCLUSIONS

IN ENSURING INSPECTION ACTIVITIES

PEOPLE'S PUBLIC SECURITY

Article 26. Tasks, powers, and responsibilities of the person issuing the inspection decision and the person authorized to issue the inspection conclusion

1. The person issuing the inspection decision must carry out the tasks, powers, and responsibilities stipulated in Articles 42, 43, and Article 52 of the Inspection Law, Clause 3 of Article 26, Articles 27, 28, 30, 31, 32, 33, 35, and Article 36 of Decree No. 41/2005/ND-CP, other relevant legal provisions, and must be responsible before the law for all actions and decisions made by themselves.

2. For inspections within the authority of the Minister of Public Security or the Director of Provincial Public Security when there is a request for authorization, the Chief Inspector of the Ministry, the Chief Inspector of the Provincial Public Security where the Inspection Team is located may issue the inspection conclusion; for inspections with non-complex content, if the person issuing the inspection decision is the Chief Inspector and the Head of the Inspection Team is the Deputy Chief Inspector, upon request for authorization, the Head of the Inspection Team may issue the inspection conclusion. The authorization to issue the inspection conclusion must be in writing.

The person authorized to issue the inspection conclusion must be responsible before the authorizing person and before the law for the content of the inspection conclusion.

Article 27. Responsibilities and rights of agencies, organizations, and individuals related to the inspection

1. Agencies, organizations, and individuals possessing information and documents related to the content of the inspection must provide them fully and promptly according to the requirements of the Inspection Agency of the People's Public Security and bear responsibility for the accuracy and honesty of the provided information and documents. The provision of information and documents containing state secrets shall be carried out in accordance with the laws on protecting state secrets.

2. The person issuing the inspection decision, the Head of the Inspection Team, and members of the Inspection Team have the responsibility to manage, exploit, and use information and documents in accordance with the provisions of the law.

3. In cases where agencies, organizations, and individuals fail to provide or intentionally delay providing, or provide incomplete or inaccurate information and documents related to the content of the inspection, the Inspectors, the Head of the Inspection Team, and the person issuing the inspection decision may apply measures within their authority or propose the competent head of the agency or organization to apply measures against such agencies, organizations, and individuals.

4. Agencies, organizations, and individuals related have the responsibility to implement requests and recommendations of the Inspection Agency of the People's Public Security and decisions on handling inspections made by the head of the management agency at the same level in the People's Public Security in accordance with the law.

Within ten days from the date of receipt of the request of the Inspection Agency of the People's Public Security, agencies, organizations, and individuals related must take measures in accordance with the law to fulfill their responsibilities determined in the conclusions and decisions on handling inspections and report the results of implementation to the Inspection Agency of the People's Public Security that issued the request.

5. Agencies, organizations, and individuals with legitimate rights and interests are entitled to lodge complaints in accordance with the laws on complaints and denunciations.

Article 28. Rights, obligations, and responsibilities of the inspected entity

1. The inspected entity has rights, obligations, and responsibilities as stipulated in Clause 1 of Article 8 and Articles 53 and 54 of the Inspection Law and Articles 25, 27, 28, 29, 30, 31, 32, 33, 35, 36, 45 and Clause 2 of Article 51 of Decree No. 41/2005/NĐ-CP.

2. In addition to the provisions in Clause 1 of this Article, the inspected entities of the Inspection Agency of the People's Public Security have the following rights, obligations, and responsibilities:

a) Providing information and documents upon request of the Inspection Team. The provision of information and documents involving state secrets related to the content of the inspection shall be carried out in accordance with the laws on protecting state secrets. The person receiving information and documents involving state secrets has the responsibility to manage and use them in accordance with the laws on protecting state secrets and the regulations of the Minister of Public Security.

b) Lodging complaints and denunciations and resolving complaints and denunciations regarding violations of the law in the activities of the Inspection Agency of the People's Public Security shall be implemented in accordance with Article 33 of this Decree and relevant laws.

Article 29. Responsibilities of the Minister of Public Security and Heads of Public Security Units and Localities in organizing and directing the activities of the Inspection Agency of the People's Public Security

1. Directly leading and directing inspection activities, bearing responsibility before superiors for inspection work within their management scope.

2. Improving organizational structure, appointing or proposing competent authorities to appoint inspection positions as prescribed; assigning capable and virtuous cadres to inspection work.

3. Directing the development and approval of inspection programs and plans of the Inspection Agency under direct management.

4. Regularly reviewing and handling reports of the Inspection Agency under management and reporting regularly to higher-level state management agencies about inspection work; promptly resolving difficulties and obstacles in inspection work; handling overlapping and repetitive activities in inspection and supervision within their management scope.

5. Within fifteen days from the date of the inspection conclusion, the head of the Public Security agency must promptly review and handle inspection conclusions and recommendations and fulfill the provisions of Article 44 of Decree No. 41/2005/NĐ-CP.

6. Using the results of inspections to enhance the effectiveness of state management over national security protection and social order and safety, building forces and other aspects of work in the People's Public Security.

7. Resolving complaints and denunciations concerning inspection conclusions and decisions on handling inspections in accordance with the law and regulations of the Minister of Public Security.

8. Ensuring funding, equipping material facilities, and working conditions for the Inspection Agency of the People's Public Security to effectively perform its tasks and implementing policies for Inspectors and Inspection Collaborators of the People's Public Security in accordance with the law.

Article 30. Responsibilities of Heads of State Management Agencies at all levels and sectors

The Heads of State Management Agencies at all levels and sectors are responsible for performing their tasks and powers as prescribed by law and coordinating to create conditions for the People's Police Inspectorate to perform its tasks and powers as prescribed by law.

Article 31. Establishment, Management, and Use of Inspection Activity Funds of the People's Police Inspectorate

1. The funds ensuring the activities of the People's Police Inspectorate are included in the state budget estimate announced annually by the Ministry of Public Security and other sources of funds as prescribed by law. The establishment, management, and use of these funds shall be carried out in accordance with the State Budget Law, other relevant laws, and regulations issued by the Minister of Public Security.

2. Through inspections, if the People's Police Inspectorate recovers money or assets to be deposited into the state budget from administrative penalties and illegal embezzlement or appropriation, a portion of the recovered amount may be allocated to supplement inspection business expenses, reward outstanding collectives and individuals in inspection work, and be distributed according to the provisions of law.

Article 32. Use of Seals and Accounts of the People's Police Inspectorate

1. The Inspectorate under the Ministry of Public Security and the Inspectorate of provincial public security agencies have separate seals and accounts.

2. Other inspection agencies within the People's Police may use the seals and accounts of the same-level management agencies.

Article 33. Handling Complaints and Allegations in the Activities of the People's Police Inspectorate

1. The person issuing the inspection decision is responsible for examining and resolving complaints from the inspected entity regarding the actions of the Head of the Inspection Team, Inspectors, and other members of the People's Police Inspection Team during the inspection process.

2. The Head of the People's Police Inspectorate, the Head of the local public security agency that has made conclusions or decisions on handling, are responsible for examining and resolving complaints from the inspected entity regarding the inspection conclusions and handling decisions.

3. Complaints about inspection conclusions signed by authorized persons shall be resolved by the authorizing person.

4. In cases where the inspected entity continues to complain against the Head of the People's Police Inspectorate, the Head of the local public security agency after they have resolved the complaint, the resolution shall be carried out in accordance with the law on complaints and allegations.

5. Allegations concerning violations of the law by the Head of the Inspection Team, Inspectors, and other members of the People's Police Inspection Team shall be resolved by the Head of the local public security agency directly managing them. The Head of the management agency overseeing the Inspection Team shall be responsible for coordinating the resolution.

The immediate superior public security agency head of the person issuing the inspection decision is responsible for resolving allegations concerning violations of the law by the person issuing the inspection decision.

Judicial agencies shall examine, handle, and resolve allegations involving criminal offenses according to the provisions of the criminal procedure law.

6. The handling of complaints and allegations in the activities of the People's Police Inspectorate shall be carried out in accordance with the law on complaints and allegations.

Article 34. Rewards and Handling of Violations

1. Agencies, organizations, and individuals with achievements in the inspection activities of the People's Public Security shall be rewarded in accordance with the provisions of the law and the Minister of Public Security.

2. The handling of violations of the law in the inspection activities of the People's Public Security shall be carried out in accordance with the provisions of Article 51 of Decree No. 41/2005/NĐ-CP.

3. Agencies, organizations, and individuals within the People's Public Security who have decisions or actions that violate the law in inspection activities, in addition to being handled according to Clause 2 of this Article, shall also be handled in accordance with the provisions of the Minister of Public Security.

Chapter VI

IMPLEMENTING PROVISIONS

Article 35. Effective Date

This Decree takes effect fifteen days from the date of publication in the Official Gazette. Previous regulations that conflict with this Decree are abolished.

Article 36. Responsibility for Implementation

1. The Minister of Public Security shall be responsible for guiding the enforcement of this Decree.

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