Decree No. 71/2009/ND-CP On the organization and operation of the Inspection of Culture, Sports and Tourism

DECREE

On the organization and operation of the Cultural, Sports, and Tourism Inspection

 ____________________________

THE GOVERNMENT

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

Pursuant to the Inspection Law dated June 15, 2004;

Pursuant to the Ordinance on Handling Administrative Violations dated July 2, 2002; the Ordinance amending and supplementing certain articles of the Ordinance on Handling Administrative Violations dated March 8, 2007; the Ordinance amending and supplementing certain articles of the Ordinance on Handling Administrative Violations dated April 2, 2008;

1. To fully exploit and effectively utilize the potential, infrastructure system, and position of the Region, with Ho Chi Minh City as the leading force, to create a driving force for comprehensive development in the fields of culture, family, physical education and sports, and tourism, thereby promoting the cultural market, physical education and sports activities, and tourism throughout the country and other localities.

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Position and Functions

The Cultural, Sports, and Tourism Inspection is an inspection body under the sector and field, organized in accordance with Clause 1 of Article 4 of this Decree; it performs administrative inspection functions and specialized inspection functions within the scope of state management over culture, family, physical education, sports, and tourism as prescribed by law.

Article 2. Objects of the Cultural, Sports, and Tourism Inspection

1. Agencies, organizations, and individuals under the direct management authority of the state management agency for culture, family, physical education, sports, and tourism.

2. Vietnamese agencies, organizations, and individuals, and foreign organizations and individuals in Vietnam participating in activities within the scope of state management of the state management agency for culture, family, physical education, sports, and tourism.

In case international treaties to which the Socialist Republic of Vietnam is a party have provisions different from those of this Decree, the provisions of such international treaties shall apply.

Article 3. Principles of Operation

1. The activities of the Cultural, Sports, and Tourism Inspection must comply with the law, ensuring accuracy, honesty, objectivity, transparency, democracy, and timeliness; they must not hinder the normal operations of inspected agencies, organizations, and individuals and those related to them.

2. When conducting inspections, the person issuing the inspection decision, the head of the inspection agency, the leader of the inspection team, the inspector, and other members of the inspection team must comply with the laws on inspection and the provisions of this Decree; they must be responsible before the law for all their actions and decisions.

Chapter II

ORGANIZATION, DUTIES, AND POWERS OF THE INSPECTION CULTURE, SPORTS AND TOURISM

Article 4. Organization of the Cultural, Sports, and Tourism Inspection

1. The organization of the Cultural, Sports, and Tourism Inspection includes:

a) The Ministry of Culture, Sports, and Tourism Inspection (hereinafter referred to as the Ministry Inspection);

b) The Department of Culture, Sports, and Tourism Inspection (hereinafter referred to as the Department Inspection).

2. The Cultural, Sports, and Tourism Inspection agencies have separate seals and accounts.

PART 1

INSPECTION BUREAU

Article 5. Position, function, organization of the Ministry's Inspection

1. The Ministry Inspection is an agency of the Ministry of Culture, Sports, and Tourism, responsible for assisting the Minister of Culture, Sports, and Tourism in state management over inspection work; performing administrative inspection tasks and specialized inspection tasks within the scope of the Ministry of Culture, Sports, and Tourism's state management.

The Ministry Inspection has departments established by the Minister of Culture, Sports, and Tourism.

2. The Ministry Inspection has the Chief Inspector, Deputy Chief Inspectors, Inspectors, and civil servants engaged in inspection work.

The Chief Inspector of the Ministry is appointed, relieved of duty, or dismissed by the Minister of Culture, Sports, and Tourism after consultation with the General Inspector. Deputy Chief Inspectors of the Ministry are appointed, relieved of duty, or dismissed by the Minister of Culture, Sports, and Tourism upon the recommendation of the Chief Inspector. The appointment, relief of duty, or dismissal of Inspectors is carried out in accordance with the law.

3. The Minister of Culture, Sports, and Tourism stipulates the functions, duties, powers, organization, and staffing of the Ministry Inspection in accordance with the law.

Article 6. Duties and Authorities of the Inspectorate of the Ministry

1. To take the lead or participate in drafting normative legal documents submitted to the Minister of Culture, Sports, and Tourism.

2. To propose competent authorities to amend, supplement, or promulgate normative legal documents suitable for the requirements of state management over culture, family, physical education, sports, and tourism; to propose competent authorities to suspend illegal acts of organizations and individuals when there is sufficient evidence to determine that the violations cause damage to national interests, citizens' rights, and legitimate benefits; to propose competent authorities to suspend the implementation or revoke documents contrary to the provisions of the law on culture, family, physical education, sports, and tourism; to propose the handling of officials and civil servants who violate their duties discovered through inspection work.

3. To perform administrative inspection duties and powers over agencies, organizations, and individuals directly managed by the Ministry of Culture, Sports, and Tourism in accordance with the law.

4. To perform specialized inspection duties and powers in culture, family, physical education, sports, and tourism in accordance with Article 16 of this Decree.

5. Impose administrative penalties in accordance with the law on handling administrative violations.

6. To assist the Minister of Culture, Sports, and Tourism in organizing citizen reception, complaint resolution, and accusation handling in accordance with the law on complaints and accusations.

7. To perform preventive and anti-corruption duties in accordance with the law on prevention and control of corruption.

8. To guide and train specialized inspection business for the Department Inspection; to guide and inspect agencies and units under the Ministry to implement the provisions of the law on inspection work.

9. To compile and report on the results of inspection work, complaint and accusation resolution, and anti-corruption efforts within the scope of the Ministry's state management to the Minister, the General Inspector, and the Head of the Central Steering Committee for Anti-Corruption in accordance with the law.

10. To monitor, inspect, and urge the implementation of conclusions, recommendations, and decisions on handling inspections by the Ministry Inspection and decisions on administrative penalty enforcement by the Chief Inspector of the Ministry.

11. To summarize experiences, build inspection business within the scope of the Ministry Inspection's state management.

12. To summon officials and civil servants from relevant agencies and units to join the inspection team.

13. To perform other tasks and powers assigned by the Minister of Culture, Sports, and Tourism and in accordance with the law.

Article 7. Duties and Authorities of the Head of the Inspectorate of the Ministry

1. To lead and direct inspection work within the scope of the Ministry of Culture, Sports, and Tourism's state management.

2. To develop inspection programs and plans submitted to the Minister for approval and organize their implementation after approval by the Minister.

3. Submit to the Minister for decision on inspection when signs of violation of laws are discovered.

4. Submit to the Minister for decision or decide within his authority on the establishment of inspection teams, appointment of Inspectors, and summoning of inspection collaborators in accordance with the provisions of the law.

5. Recommend that the Minister temporarily suspend the implementation of decisions made by agencies, organizations, or individuals under the direct management of the Ministry if there is evidence that such decisions contravene the law or affect the inspection activities.

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

7. Recommend that the Minister consider responsibility and handle persons who violate laws under the Minister's management; coordinate with the heads of agencies and units in considering responsibility and handling persons who violate laws under their management.

8. Recommend that the Minister resolve issues related to inspection work; if such recommendations are not accepted, report to the Chief Inspector.

9. Recommend that the Minister address overlapping and duplicative programs, plans, and contents of inspections and audits within the scope of the Ministry’s state management; advise and assist the Minister in coordinating with the Chairpersons of Provincial People's Committees to resolve overlapping programs, plans, and contents of cultural, family, sports, and tourism inspections within their jurisdictions.

10. Monitor, inspect, and urge the implementation of conclusions, recommendations, and decisions on handling matters related to inspections within the responsibility of the heads of agencies and units under the Ministry's management.

11. Guide and urge the heads of agencies and units under the Ministry's management to implement legal regulations on inspections; coordinate with the heads of agencies and units within the Ministry to direct and guide internal inspection organization and activities within those agencies and units.

12. Report to the Minister and the Chief Inspector on inspection work and anti-corruption efforts within their responsibilities.

13. Inspect and audit the responsibility of the heads of agencies and units under the Ministry's management in implementing laws on inspections.

14. Lead the Ministry's Inspectorate in performing other tasks and exercising other powers as prescribed by law.

PART 2

INSPECTORATE OF THE DEPARTMENT

Article 8. Position, Functions, and Organization of the Inspectorate of the Department

1. The Inspectorate of the Department is an agency of the Department of Culture, Sports and Tourism, tasked with assisting the Director of the Department in performing administrative inspection and specialized inspection duties within the scope of the Department's state management responsibilities.

2. The Inspectorate of the Department has a Chief Inspector, Deputy Chief Inspectors, Inspectors, and civil servants engaged in inspection work.

The Chief Inspector of the Department is appointed, relieved of duty, or dismissed by the Director of the Department after consultation with the Chief Inspector of the province. Deputy Chief Inspectors of the Department are appointed, relieved of duty, or dismissed by the Director of the Department upon recommendation of the Chief Inspector of the Department; the appointment and relief of duty of Inspectors are carried out in accordance with the provisions of the law.

3. The Director of the Department of Culture, Sports and Tourism shall specify the functions, tasks, powers, and organizational structure of the Inspectorate of the Department in accordance with the provisions of the law. The staffing of the Inspectorate of the Department is decided by the Director of the Department within the total staffing quota of the Department.

Article 9. Duties and Authorities of the Department Inspector

1. Perform administrative inspection duties over agencies, organizations, and individuals under the direct management of the Department of Culture, Sports and Tourism in accordance with the provisions of the law.

2. Perform specialized inspection duties in culture, family, sports, and tourism within the scope of the Department of Culture, Sports and Tourism's state management.

3. Impose administrative penalties in accordance with the provisions of the law on handling administrative violations.

4. Assist the Director of the Department in performing citizen reception and complaint resolution duties in accordance with the provisions of the law on complaints and denunciations.

5. Perform preventive and anti-corruption duties in accordance with the provisions of the law on preventing and combating corruption.

6. Guide and inspect departments and units under the Department to implement legal regulations on inspection work; coordinate with the heads of departments and units under the Department to direct and guide internal inspection organization and activities within those departments and units.

7. Summarize and report results on inspection work, complaint resolution, and anti-corruption efforts within the Department's management scope.

8. Recommend state agencies and competent authorities to suspend the implementation or revoke regulations contrary to national legal documents on culture, family, sports, and tourism discovered through inspection work.

9. Monitor, inspect, and urge the implementation of conclusions, recommendations, and decisions on handling matters related to inspections by the Inspectorate of the Department.

10. Require relevant agencies and units to assign officials and civil servants to participate in inspection teams.

11. Perform other tasks and exercise other powers assigned by the Director of the Department of Culture, Sports and Tourism and as prescribed by law.

Article 10. Duties and Authorities of the Head of the Department Inspector

1. Lead and direct inspection work within the scope of the Department of Culture, Sports and Tourism's state management.

2. Develop inspection programs and plans for submission to the Director of the Department for approval and organize their implementation.

3. Submit to the Director of the Department for decision on inspection when signs of violation of laws are discovered.

4. Recommend the Director of the Department to temporarily suspend the implementation of decisions made by units under the Department's management if there is evidence that such decisions contravene the law or obstruct inspection activities.

5. Impose administrative penalties in accordance with the provisions of the law on handling administrative violations.

6. Recommend the Director of the Department to consider responsibility and handle persons who violate laws under the Department's management.

7. Recommend the Director of the Department to resolve issues related to inspection work; if such recommendations are not accepted, report to the Chief Inspector of the province; for issues related to specialized inspection work in culture, family, sports, and tourism, report to the Chief Inspector of the Ministry of Culture, Sports and Tourism.

8. Monitor, inspect, and urge the implementation of conclusions, recommendations, and decisions on handling matters related to inspections within the responsibility of the heads of agencies and units under the Department's management.

9. Direct, urge the Heads of agencies and units under the management of the Department to implement the provisions of the law on inspection work.

10. Report to the Director of the Department, the Chief Inspector of the province, and the Chief Inspector of the Ministry regarding the inspection work within their scope of responsibility.

11. Inspect and check the responsibility of the Heads of agencies and units under the management of the Department in implementing the law on inspection.

12. Lead the Department's Inspectorate to perform other tasks and powers as prescribed by law.

PART 3

RELATIONSHIP AND RESPONSIBILITY IN THE ACTIVITY OF THE INSPECTION OF CULTURE, SPORTS AND TOURISM

Article 11. Relationship in the activity of the Inspection of Culture, Sports and Tourism

1. The Ministry's Inspectorate is directly guided by the Minister of Culture, Sports and Tourism, while also being guided and directed about work, organization, and inspection procedures by the Government Inspectorate.

2. The Department's Inspectorate is directly guided by the Director of the Department of Culture, Sports and Tourism, while also being guided about administrative inspection work by the provincial Inspectorate and about specialized inspection work by the Ministry's Inspectorate.

3. Within the scope of their duties and powers, the Inspection of Culture, Sports and Tourism has the responsibility to coordinate with relevant agencies in performing inspection tasks and preventing, detecting, and handling violations of the law.

4. The Heads of public security agencies, specialized inspection agencies, and related agencies within their authority have the responsibility to coordinate with the Inspection of Culture, Sports and Tourism in preventing, detecting, and handling violations of the law in cultural, family, sports, and tourism activities.

Article 12. Responsibilities of the Minister of Culture, Sports and Tourism, Chairman of the People's Committee of provinces and centrally governed cities, and Directors of Departments of Culture, Sports and Tourism for the activities of the Inspection of Culture, Sports and Tourism

1. The Minister of Culture, Sports and Tourism is responsible for organizing and directing the activities of the Inspection of Culture, Sports and Tourism within the Ministry's management scope; improving the organizational structure and ensuring material and technical equipment, uniforms, and conditions for inspection activities; promptly addressing conclusions and recommendations of the Chief Inspector of the Ministry as prescribed by law.

2. The Chairman of the People's Committee of provinces and centrally governed cities is responsible for directing the Director of the Department of Culture, Sports and Tourism to improve the organizational structure and ensure material conditions, technical equipment, and uniforms for the Department's Inspectorate.

3. The Director of the Department of Culture, Sports and Tourism is responsible for directing and ensuring conditions for the Department's Inspectorate's activities; promptly addressing conclusions and recommendations of the Chief Inspector of the Department as prescribed by law.

PART 4

INSPECTORS AND ASSISTANT INSPECTORS OF THE INSPECTION OF CULTURE, SPORTS AND TOURISM

Article 13. Inspectors of Culture, Sports and Tourism

1. Inspectors of Culture, Sports and Tourism are civil servants appointed to the inspector rank according to the law to perform inspection work at the Inspection of Culture, Sports and Tourism agencies.

2. Inspectors are recruited, appointed, relieved of duty, issued inspector cards, and enjoy benefits and policies as prescribed by law.

3. In addition to general requirements and standards for inspectors as stipulated by the Law on Inspection and Decree No. 100/2007/NĐ-CP dated June 13, 2007 of the Government on inspectors and assistant inspectors, Inspectors must meet additional conditions and standards suitable for their field as prescribed by the Minister of Culture, Sports and Tourism.

4. When performing inspection work, Inspectors of Culture, Sports and Tourism carry out tasks and powers as prescribed by the Law on Inspection and other tasks and powers as prescribed by law.

Article 14. Inspectors' Collaborators for Cultural, Sports, and Tourism Inspection

1. Inspectors' Collaborators for Cultural, Sports, and Tourism Inspection are individuals with appropriate expertise and vocational qualifications corresponding to inspection tasks, who are summoned by the Cultural, Sports, and Tourism Inspection Authority or the Head of the equivalent State Management Agency to perform inspection duties.

2. Inspectors' Collaborators must have good political qualities; be conscientious, honest, impartial, and fair; and possess the appropriate professional qualifications corresponding to their inspection tasks.

3. Inspectors' Collaborators shall enjoy benefits and policies as stipulated in Article 19 of Decree No. 100/2007/NĐ-CP dated June 13, 2007, of the Government on Inspectors and Inspectors' Collaborators, and other relevant legal documents.

Chapter III

ACTIVITIES OF THE CULTURAL, SPORTS AND TOURISM INSPECTION

Article 15. Content of Administrative Inspection

Inspection of agencies, organizations, and individuals under the direct management of the Head of the equivalent State Management Agency regarding compliance with policies, laws, and assigned tasks.

Article 16. Content of Specialized Inspection in Culture, Sports, and Tourism

Inspection of agencies, organizations, and individuals in the implementation of State policies and laws in the fields of culture, family, physical education, sports, and tourism, including:

1. Cultural heritage;

2. Performing arts;

3. Cinema;

4. Fine arts, Photography, Exhibitions;

5. Copyrights and related rights;

6. Libraries;

7. Advertising (excluding advertising on media, computer networks, and publications);

8. Mass culture, Ethnic culture, and Propaganda Mobilization;

9. Cultural activities and cultural service business operations;

10. Cultural products (excluding publications regulated by the Law on Publishing);

11. Exporting and importing cultural products;

12. National programs and investment projects in the fields of culture, family, physical education, sports, and tourism;

13. Activities of associations, federations, non-governmental organizations in the fields of culture, family, physical education, sports, and tourism;

14. Family affairs;

15. Physical education and sports for all;

16. High-performance sports and professional sports;

17. Sports service business operations;

18. Tourism resources, tourism planning, tourism environment;

19. Tourist areas, tourist sites, tourist routes, tourist cities;

20. Tour guiding;

21. Tourism business operations;

22. Tourism promotion and cultural exchange;

23. External information dissemination in cultural, sports, and tourism activities;

24. Implementation of other legal provisions related to cultural, family, physical education, sports, and tourism activities.

Article 17. Forms of Inspection

1. Inspection activities are carried out in the form of planned inspections according to programs and plans and ad hoc inspections.

2. Planned inspections according to programs and plans are conducted according to annual work programs and regular schedules approved by competent authorities.

3. Ad hoc inspections are conducted when organizations or individuals exhibit signs of violating the law, upon request for handling complaints or accusations, or as assigned by the Head of the competent State Management Agency.

Article 18. Methods of Inspection Activities

1. Inspections shall be carried out through inspection teams or independent inspectors for specialized cultural, sports, and tourism inspections.

2. Inspection teams, inspectors, and civil servants involved in inspection activities shall operate in accordance with the Law on Inspection and other relevant legal documents.

3. An inspection must be conducted based on a decision from the head of the Cultural, Sports, and Tourism Inspection Authority or the competent state management agency.

4. The leader of the inspection team, inspectors, and civil servants involved in inspection activities shall be responsible under the law and to the person issuing the inspection decision regarding their decisions and measures taken.

5. When handling violations, the leader of the inspection team, inspectors, and civil servants involved in inspection activities must strictly follow the procedures stipulated by law.

Article 19. Rights, Obligations, and Responsibilities of the Inspected Subjects and Relevant Agencies, Organizations, and Individuals

1. Agencies, organizations, and individuals that are subjects of inspection have responsibilities, authorities, and obligations to implement the provisions of Articles 8, 53, and 54 of the Law on Inspection and other relevant legal documents.

2. Agencies, organizations, and individuals possessing information or documents related to the inspection content must provide them fully and promptly according to the requirements of the inspection authority and bear responsibility for the accuracy and truthfulness of the provided information and documents. The provision, use, and management of information and documents containing state secrets shall be carried out in accordance with the laws on protecting state secrets.

Chapter IV

TECHNICAL MATERIAL BASE AND OPERATING FUNDS

Article 20. Technical Material Base

1. The Cultural, Sports, and Tourism Inspection and inspectors shall be equipped with technical means, devices, uniforms, insignia, badges, and signs.

It is strictly prohibited for organizations and individuals to use similar uniforms, insignia, badges, and signs that may cause confusion with the Cultural, Sports, and Tourism Inspection.

2. The Minister of Culture, Sports, and Tourism shall specify the following in consultation with the General Inspector:

a) Technical means and equipment of the Cultural, Sports, and Tourism Inspection;

b) Uniforms, insignia, signs, and badges of inspectors.

Article 21. Operating Funds

1. The operating funds of the Cultural, Sports, and Tourism Inspection shall be guaranteed by the state budget in accordance with the regulations on state budget decentralization and other sources of funding as prescribed by law.

2. The establishment, allocation, management, use, and settlement of inspection business funds shall be carried out in accordance with the law.

Chapter V

REWARD, VIOLATION HANDLING, COMPLAINT AND REPORT RESOLUTION REGARDING INSPECTION

Article 22. Reward

Organizations and individuals who achieve outstanding results in Cultural, Sports, and Tourism Inspection activities shall be rewarded in accordance with the law.

Article 23. Handling Violations

Those who issue inspection decisions, leaders of inspection teams, inspectors, other members of inspection teams, inspected subjects, and other agencies, organizations, and individuals who violate the law during inspection activities shall be subject to legal sanctions depending on the nature and severity of the violation.

Article 24. Handling complaints and reports in inspection activities

The handling of complaints and reports in inspection activities shall be carried out in accordance with the provisions of the law.

Chapter VI

IMPLEMENTING PROVISIONS

Article 25. Effective Date

1. This Decree takes effect from November 1, 2009.

2. This Decree replaces Decree No. 144/2004/NĐ-CP dated July 14, 2004 of the Government on the organization, tasks, and powers of the Sports Inspection; Decree No. 138/2005/NĐ-CP dated November 9, 2005 of the Government on the organization and operation of the Culture and Information Inspection; and Decree No. 47/2001/NĐ-CP dated August 10, 2001 of the Government on the functions, tasks, powers, and organization of the Tourism Inspection.

Article 26. Responsibility for Implementation

1. The Minister of Culture, Sports and Tourism is responsible for guiding the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the central government shall be responsible for enforcing this Decree./.