Decree No. 65/2008/ND-CP on the functions, tasks, powers, and organizational structure of the Government Inspectorate

DECREE

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

THE GOVERNMENT

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

BASED ON Decree No. 178/2007/NĐ-CP dated December 3, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

CONSIDERING the proposal of the State Auditor;

DECREE:

Article 1. Position and Functions

The Government Inspectorate is a ministerial-level agency under the Government, performing the function of state management over inspection work, handling complaints and denunciations, and preventing and combating corruption.

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;

The Government Inspectorate performs the tasks and powers specified in Decree No. 178/2007/NĐ-CP dated December 3, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies, as well as the following specific tasks and powers:

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

2. Submit to the Prime Minister strategies, programs, long-term plans, five-year plans, and annual plans on inspection, handling complaints and denunciations, and preventing and combating corruption; draft decisions, directives, and other documents within the authority of the Prime Minister.

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

4. Direct, guide, inspect, and organize the implementation of regulatory legal documents, strategies, programs, and plans on inspection, handling complaints and denunciations, and preventing and combating corruption that have been approved; provide information, propaganda, dissemination, and education on laws related to inspection, handling complaints and denunciations, and preventing and combating corruption.

5. Regarding inspections:

a) Inspect the implementation of policies, laws, and tasks of Ministries, ministerial-level agencies, government-affiliated agencies, provincial People's Committees (hereinafter referred to as provincial People's Committees); inspect cases related to the responsibility for state management of multiple Ministries, ministerial-level agencies, and provincial People's Committees.

b) Inspect other cases assigned by the Prime Minister;

c) Recommend competent state agencies to suspend the enforcement or revoke provisions found to be contrary to the law through inspection work;

d) Monitor, inspect, and urge the implementation of conclusions, recommendations, and decisions on inspection issued by the Government Inspectorate and the Prime Minister;

đ) Guide and inspect Ministries, ministerial-level agencies, and provincial People's Committees in building and implementing inspection programs and plans at the ministry, sectoral, and local levels.

6. Regarding complaint and denunciation resolution:

a) Organize citizen reception; receive and process complaint and denunciation letters; resolve complaints and denunciations within the scope of authority;

b) Take the lead and coordinate with relevant agencies to implement citizen reception tasks at the central Party and State reception offices;

c) Monitor, inspect, and urge the implementation of decisions on complaint resolution and denunciation handling issued by the Government Inspectorate and the Prime Minister.

7. On anti-corruption:

a) Direct and guide the inspection work on the implementation of legal provisions on preventing and combating corruption;

b) Inspect the implementation of laws on preventing and combating corruption at Ministries, ministerial-level agencies, government-affiliated agencies, and provincial People's Committees within the scope of authority or as directed by the Prime Minister; coordinate with agencies and organizations in detecting acts of corruption; urge the handling of individuals involved in corruption according to the law and the cadre management hierarchy of the Party and the Government;

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

d) Coordinate with the State Audit Office, Ministry of Public Security, Supreme People's Procuracy, Supreme People's Court, and the Office of the Central Steering Committee for Preventing and Combating Corruption in providing and exchanging information, documents, and experiences on anti-corruption work; transfer case files on corruption to competent state agencies for handling; compile, evaluate, forecast the situation of corruption, and propose anti-corruption policies and measures.

8. During the performance of inspection, complaint and denunciation resolution, and anti-corruption tasks, the rights and powers of the Government Inspectorate as prescribed by law shall be applied; request relevant agencies and units to assign officials and civil servants to join inspection teams.

9. Summarize and report results on inspection work, complaint and denunciation resolution, and anti-corruption efforts under the scope of state management of the Government; conclude experiences on inspection work, complaint and denunciation resolution, and anti-corruption efforts.

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

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

12. Decide and organize the implementation of the administrative reform plan of the Government Inspectorate according to the national administrative reform program of the Government and the direction of the Prime Minister.

13. Lead and coordinate with the Ministry of Home Affairs to issue guiding documents on the functions, tasks, powers, and organizational structure of state inspection agencies.

14. Direct and guide organization and inspection business operations; train inspection business skills for the inspection workforce; manage inspection-specific civil service ranks according to the law; issue professional standards for Chief Inspectors of Ministries, ministerial-level agencies, and Chief Inspectors of provincial-level People's Committees (hereinafter referred to as Chief Inspectors of provincial-level People's Committees).

15. Develop and submit to the competent authority for approval the annual staffing plan; compile, report, and manage the organizational structure, cadres, civil servants, and public officials under the Government Inspectorate according to regulations.

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

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

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

Article 3. Tasks and Authorities of the Chief Inspector General

The Chief Inspector General shall perform the tasks and authorities stipulated in Article 16 of the Inspection Law, the Government Organization Law, the Government's Operational Regulations issued together with Decree No. 179/2007/NĐ-CP dated December 3, 2007 of the Government, other relevant legal documents, provisions of this Decree, and the following specific tasks and authorities:

1. Leading and directing inspection work within the scope of the Government’s state management; organizing the implementation of inspection strategies, programs, and plans approved by the Prime Minister; deciding on inspections according to authority when signs of law violations are detected.

2. Directly leading inspections and audits of the responsibility of Ministers, Heads of Ministries at the equivalent level, Heads of government agencies, Chairpersons of provincial People's Committees, and central associations and mass organizations in implementing laws on inspection, complaint resolution, and anti-corruption.

3. Taking the lead in resolving overlaps in time and content of inspections and audits conducted by inspection teams established by Ministers, Heads of Ministries at the equivalent level, Heads of government agencies, and Chairpersons of provincial People's Committees.

4. Resolving complaints that have been initially resolved by Heads of government agencies but are still subject to further complaints.

5. Verifying and concluding on the content of accusations, proposing measures to handle accusations within the Prime Minister's jurisdiction when assigned.

6. Reviewing and concluding on the content of accusations that have been resolved by Ministers, Heads of Ministries at the equivalent level, Heads of government agencies, and Chairpersons of provincial People's Committees but involve legal violations; if the conclusion on the handling of accusations involves legal violations, recommending that the person who resolved them reconsider and resolve again.

7. Organizing and directing inspection work to implement legal provisions on anti-corruption and anti-corruption in inspection activities.

8. Consistently with Ministers, Heads of Ministries at the equivalent level, and Chairpersons of provincial People's Committees, appointing, dismissing, and removing from office Heads of Inspectors of Ministries, equivalent ministries, and provincial inspectors; implementing management and appointment of specialized inspector civil service ranks in accordance with the law.

9. Perform other tasks and exercise other powers as prescribed by law.

Article 4. Organizational Structure

1. Legal Affairs Department;

2. Cadre and Civil Servant Department;

3. International Cooperation Department.

4. Office;

5. Department of Economic Sector Inspection (referred to as Department I).

6. Department of Internal Affairs and Comprehensive Economic Sector Inspection (referred to as Department II).

7. Department of Cultural and Social Sector Inspection (referred to as Department III).

8. Agency for Complaint Resolution and Regional Inspection Zone 1 (referred to as Agency I).

9. Agency for Complaint Resolution and Regional Inspection Zone 2 (referred to as Agency II).

10. Agency for Complaint Resolution and Regional Inspection Zone 3 (referred to as Agency III).

11. Anti-Corruption Agency (referred to as Agency IV).

12. Institute of Inspection Science.

13. Inspection Cadres Training School.

14. Inspection Newspaper.

15. Inspection Magazine.

16. Information Center.

In this Article, units specified from Clause 1 to Clause 11 are units assisting the Chief Inspector General in performing state management functions; units specified from Clause 12 to Clause 16 are public service units.

Offices, departments, and agencies may establish divisions.

Article 5. Effectiveness and Responsibility for Implementation

1. This Decree takes effect 15 days after its publication in the Official Gazette and replaces Decree No. 55/2005/NĐ-CP dated April 25, 2005 of the Government stipulating the functions, tasks, authorities, and organizational structure of the Government Inspectorate.

Article 2. Abolish previous provisions that conflict with this Decree.

3. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial People's Committees directly under the Central Government are responsible for implementing this Decree./.