DECREE

On the organization and operation of Judicial 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;

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

Considering the proposal of the Minister of Justice,

DECREE

PART I

GENERAL PROVISIONS

Article 1. Position and Functions

Judicial Inspection is an inspection organization under the Justice sector; at the central level, it includes the Ministry of Justice Inspection (hereinafter referred to as the Ministry Inspection); at provincial and centrally-administered city levels, it includes the Department of Justice Inspection (hereinafter referred to as the Department Inspection), performing administrative inspection functions and specialized inspection functions related to justice within the scope of state management of the Justice sector as prescribed by law.

Article 2. Objects of Judicial Inspection

1. Agencies, units, and individuals directly managed by state agencies responsible for justice administration.

2. Agencies, organizations, and Vietnamese individuals in the implementation of laws within the scope of state management of the Ministry of Justice.

3. Foreign agencies, organizations, and individuals operating in fields within the scope of state management of the Ministry of Justice in Vietnam. 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 Operation of Judicial Inspection

1. Judicial inspection activities must comply with the law; ensuring accuracy, objectivity, honesty, transparency, democracy, and timeliness; not hindering the normal operations of inspected agencies, organizations, and individuals, as well as 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 members of the inspection team must bear responsibility under the law for their actions and decisions.

Article 4. Responsibilities of the Minister of Justice, Chairpersons of People's Committees of provinces and centrally-administered cities, and Directors of Departments of Justice in the operation of Judicial Inspection

1. The Minister is responsible for organizing and directing the activities of the Ministry Inspection; improving the organizational structure of the Ministry Inspection, appointing leadership positions within the inspection agency according to authority, selecting and assigning capable and virtuous cadres to work in inspection; ensuring funding, equipment, material infrastructure, technical equipment, uniforms, and other conditions serving inspection activities; resolving overlapping issues in inspection and supervision activities within the scope of the Ministry of Justice's state management; promptly reviewing and handling conclusions and recommendations of the Ministry Inspection as prescribed by law.

2. The Chairperson of the People's Committee of a province or centrally-administered city is responsible for organizing and improving the organizational structure, providing material infrastructure, and technical equipment for the Department Inspection.

3. The Director of the Department of Justice is responsible for organizing and directing the activities of the Department Inspection and ensuring operational conditions; resolving overlapping issues in inspection and supervision activities within the scope of the Department of Justice's state management; promptly handling conclusions and recommendations of the Department Inspection as prescribed by law.

Chapter II

ORGANIZATION, DUTIES, AND POWERS OF JUDICIAL INSPECTION

Article 5. Organization of Judicial Inspection

1. Judicial Inspection is organized at the central level as the Ministry Inspection and at local levels as the Department Inspection.

2. Judicial Inspection has its own seal and separate bank account.

Article 6. Ministry Inspectorate

1. The Ministry Inspectorate is an agency under the Ministry of Justice, directly guided and led by the Minister, responsible for assisting the Minister in state management of judicial inspection work, implementing administrative inspection tasks and specialized inspections in fields within the scope of state management of the Ministry of Justice.

The Ministry Inspectorate has an Inspector General, Deputy Inspector General, and Inspectors. The appointment and removal of the Inspector General, Deputy Inspector General, and Inspectors shall be carried out in accordance with the provisions of the law.

2. The Ministry Inspectorate has specialized departments to perform the functions and tasks of the Ministry Inspectorate.

3. The Minister shall specify in detail the organization and staffing of the Ministry Inspectorate.

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

1. Administrative inspection of agencies, organizations, and individuals directly under the management of the Ministry of Justice in the implementation of policies, laws, and assigned tasks.

2. Specialized inspection of agencies, organizations, and individuals in compliance with specialized laws within the scope of state management of the Ministry of Justice as prescribed by law, including: inspecting regulatory legal documents; disseminating and educating the law; civil enforcement; notarization and certification; household registration; international adoption; nationality; criminal record; lawyers; legal consultation; forensic examination; auctioning assets; commercial arbitration; legal aid; registering secured transactions; cooperation with foreign countries on laws and other judicial works.

3. Administering administrative penalties according to the provisions of the law on handling administrative violations.

4. Implementing tasks related to handling complaints and reports according to the provisions of the law on complaints and reports.

5. Implementing tasks related to preventing and combating corruption according to the provisions of the law on prevention and combat against corruption.

6. Proposing to competent state agencies to suspend or revoke regulations found to be contrary to the law through inspection work.

7. Taking the lead or participating in drafting legal regulatory documents related to the organization and activities of the Judicial Inspectorate; participating in drafting other legal regulatory documents assigned by the Minister.

8. Guiding and training specialized inspection business for Department Inspectors; guiding, inspecting, and supervising units under the Ministry of Justice in implementing legal provisions on inspection, complaint, and report resolution.

9. Summarizing experiences and building inspection business for the Judicial Inspectorate.

10. Summoning officials and civil servants from relevant agencies and units to participate in the inspection team.

11. Compiling and reporting results on inspection work, complaint and report resolution, anti-corruption within the scope of state management of the Ministry of Justice.

12. Performing other tasks and powers as prescribed by law and tasks assigned by the Minister.

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

1. Leading and directing inspection work for the Ministry Inspectorate.

2. Building inspection programs and plans and organizing their implementation after approval by the Minister.

3. Submitting to the Minister for decision on urgent inspections when signs of law violations are discovered.

4. Issuing inspection decisions within the authority granted.

5. When necessary, issuing decisions for Inspectors to independently conduct inspections on simple cases with small scale based on clearly defined objects, scope, tasks, and time limits for inspections.

6. Assisting the Minister in state management of inspection work, complaint and report resolution in the judicial sector.

7. Inspecting and checking the responsibility of heads of agencies and units under the Ministry in implementing laws on inspection, complaint, and report resolution; in case of necessity, proposing the Minister to convene meetings of heads of agencies and units under the Ministry to propose guidance measures and handling methods for complex inspection, complaint, and report cases.

8. Monitoring, inspecting, and urging the implementation of conclusions, recommendations, and decisions on handling inspections within the responsibility of heads of agencies under the management of the Minister.

9. Reviewing and concluding on contents of reports that have been resolved by heads of agencies under the Ministry of Justice but found to violate the law; if the conclusion on the resolution of the report violates the law, recommending the person who resolved it to reconsider and resolve again.

10. Performing other tasks and powers as stipulated in Article 26 of the Inspection Law.

Article 9. Provincial Department of Justice Inspectorate

1. The Provincial Department of Justice Inspectorate is an agency of the Provincial Department of Justice, subject to direct guidance and leadership from the Director of the Provincial Department of Justice, assisting the Director in performing inspection tasks and powers related to administrative inspections and specialized inspections on justice within the scope of the Director's duties and powers.

The Provincial Department of Justice Inspectorate has an Inspector General, Deputy Inspector General, and Inspectors.

The appointment and removal of the Inspector General, Deputy Inspector General, and Inspectors shall be carried out in accordance with the provisions of the law.

2. The establishment of the Provincial Department of Justice Inspectorate shall be proposed by the Director of the Provincial Department to the Chairman of the People's Committee at the provincial level for decision after reaching consensus with the Inspector General of the province.

The staffing of the Provincial Department of Justice Inspectorate shall be decided by the Director of the Provincial Department.

Article 10. Duties and Powers of the Provincial Department of Justice Inspectorate

1. Conduct administrative inspections on agencies, organizations, and individuals under the direct management of the Provincial Department of Justice and civil execution offices at the district level (upon delegation from the Minister of Justice) regarding the implementation of policies, laws, and assigned tasks.

2. Conduct specialized inspections on agencies, organizations, and individuals concerning compliance with specialized laws within the scope of state management of the Provincial Department of Justice as prescribed by law, including: inspecting normative legal documents; disseminating and educating the law; civil execution at the district level (upon delegation from the Minister of Justice); notarization and certification; household registration; nationality; criminal record; adoption involving foreign elements; lawyers; legal consultation; judicial appraisal; auction of assets; commercial arbitration; legal aid; and other judicial works.

3. Administering administrative penalties according to the provisions of the law on handling administrative violations.

4. Implementing tasks related to handling complaints and reports according to the provisions of the law on complaints and reports.

5. Implementing tasks related to preventing and combating corruption according to the provisions of the law on prevention and combat against corruption.

6. Proposing to competent state agencies to suspend or revoke regulations found to be contrary to the law through inspection work.

7. Guide and inspect units under the Provincial Department of Justice in implementing regulations on inspection, complaint resolution, and appeal handling.

8. Request relevant agencies and units to assign officials and civil servants to participate in inspection teams.

9. Summarize and report results on inspection work, complaint resolution, and anti-corruption efforts within the scope of state management of the Provincial Department of Justice.

10. Perform other tasks and powers as prescribed by law and those assigned by the Director of the Provincial Department.

Article 11. Duties and Powers of the Inspector General of the Provincial Department of Justice

1. Lead and direct inspection work of the Provincial Department of Justice Inspectorate.

2. Develop inspection programs and plans and organize their implementation after approval by the Director of the Provincial Department.

3. Issue inspection decisions within their authority.

4. Propose to the Director of the Provincial Department to decide on inspections when signs of law violations are discovered.

5. When necessary, issue decisions for Inspectors to independently conduct inspections on simple cases with small scale based on clearly defined objects, scope, tasks, and timeframes for inspections.

6. Assist the Director of the Provincial Department in managing state affairs related to inspection, complaint resolution, and appeal handling within the scope of the Provincial Department of Justice's management.

7. Inspect and check the responsibility of heads of units under the Provincial Department of Justice in implementing laws on inspection, complaint resolution, and appeal handling; in necessary cases, propose to the Director of the Provincial Department to convene meetings of heads of units under the Provincial Department to suggest measures for directing and handling complex inspection, complaint, and appeal cases.

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

9. Perform other tasks and powers as stipulated in Article 29 of the Inspection Law.

Chapter III

LEGAL INSPECTORS AND ASSOCIATE INSPECTORS

LEGAL INSPECTION

Article 12. Standards for Judicial Inspectors

1. A Judicial Inspector (hereinafter referred to as Inspector) is a civil servant appointed to the inspector rank to perform inspection tasks.

2. Inspectors must be a bachelor of law or have graduated from another specialized university program and possess legal knowledge in fields under the management authority of the Ministry of Justice, and meet the general standards for Inspectors as stipulated in Article 31 of the Inspection Law.

3. Inspectors enjoy benefits, policies, and necessary conditions for inspection activities as prescribed by law.

Article 13. Duties, Authorities, and Responsibilities of Inspectors

1. When conducting inspections, Inspectors must fulfill their duties and authorities as prescribed by the Inspection Law and other relevant legal documents concerning inspection activities.

2. Impose penalties or recommend competent authorities to impose administrative violations according to the law on handling administrative violations.

3. Inspectors are responsible before the law and the person issuing the inspection decision for their decisions and measures taken.

4. If Inspectors commit acts violating the law, they will be subject to disciplinary action or criminal responsibility depending on the nature and severity of the violation; if damage is caused, they must compensate or make restitution according to the law.

Article 14. Collaborators in Judicial Inspections

1. Collaborators in Judicial Inspections (hereinafter referred to as Collaborators) are individuals recruited by the head of the judicial agency or the Chief Inspector of the judicial agency to participate in the inspection team.

2. Collaborators must have good political qualities, morality, sense of responsibility, honesty, objectivity, fairness, and professional qualifications suitable for inspection tasks.

3. Collaborators enjoy benefits and policies as prescribed by law and are provided with conditions to complete their tasks.

Chapter IV

JUDICIAL INSPECTION ACTIVITIES

SECTION 1: ADMINISTRATIVE INSPECTION ACTIVITIES

Article 15. Building Inspection Programs and Plans

1. The Chief Inspector of the Ministry, the Chief Inspector of the Department (hereinafter collectively referred to as the Chief Inspector), based on the requirements and tasks of the Ministry of Justice, the Department of Justice, demands to resolve complaints and denunciations, and guidance from higher-level inspection agencies, shall build the inspection program and plan for the following year to be submitted to the Minister, Department Director for approval before December 31 of the previous year.

2. In cases where it is necessary to adjust the annual inspection program and plan, the Chief Inspector shall submit a written request to the Minister, Department Director for approval.

Within fifteen days from the date of receipt of the request, the Minister, Department Director shall be responsible for reviewing and deciding, and informing the Chief Inspector and related agencies.

Article 16. Issuing Inspection Decisions According to Programs and Plans

1. Based on the approved inspection program and plan, the Chief Inspector issues an inspection decision and establishes an inspection team to conduct the inspection. In necessary cases, the Minister, Department Director issues an inspection decision and establishes an inspection team to conduct the inspection.

2. Prior to issuing an inspection decision, the person issuing the inspection decision collects necessary information and documents related to the content and objects to be inspected; determines the nature, requirements, and purpose of the inspection, estimates the time required for the inspection; selects the Head of the Inspection Team, arranges members of the Inspection Team, and prepares other conditions to serve the inspection.

Article 17. Issuing a Decision for Surprise Inspection

1. A surprise inspection shall be conducted when there are signs of violation of laws by the subjects specified in Clause 1 of Article 7 and Clause 1 of Article 10 of this Decree, upon request for handling complaints or denunciations, or as assigned by the Minister or Department Director.

2. The Minister or Department Director shall issue a decision for a surprise inspection within their authority; the Chief Inspector shall submit to the Minister or Department Director for approval of the surprise inspection decision.

Within five days from the date of receipt of the request for conducting a surprise inspection from the same-level Chief Inspector, the Minister or Department Director shall be responsible for reviewing and deciding on the inspection and notifying the Chief Inspector.

3. Based on the approval decision of the Minister or Department Director, the Chief Inspector shall issue an inspection decision and establish an Inspection Team to conduct the inspection. In necessary cases, the Minister or Department Director shall issue an inspection decision and establish an Inspection Team to conduct the inspection.

4. In case of discovering a violation of laws requiring immediate measures, the Chief Inspector shall issue an inspection decision and report immediately to the Minister or Department Director.

Article 18. Duties, Authorities, and Responsibilities of the Decision Maker for Inspection, Head of the Inspection Team, Inspectors, and Other Members of the Inspection Team

1. The decision maker for inspection shall perform duties, authorities, and responsibilities as prescribed in Articles 42 and 43 of the Inspection Law, Clause 3 of Article 26, Articles 27, 28, 30, 31, 32, and 35, and Article 36 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), and other relevant legal documents.

2. The Head of the Inspection Team shall perform duties, authorities, and responsibilities as prescribed in Article 39 of the Inspection Law, Articles 26, 27, 28, 29, 30, 31, 32, and 34 of Decree No. 41/2005/ND-CP, and other relevant legal provisions. The Head of the Inspection Team shall be accountable to the decision maker for inspection and to the law for all actions and decisions made by him/her.

3. Members of the Inspection Team who are Inspectors shall perform duties, authorities, and responsibilities as prescribed in Clause 1 of Article 40 of the Inspection Law, Clause 1 of Article 26, and Articles 27 and 28 of Decree No. 41/2005/ND-CP.

4. Other members of the Inspection Team shall perform duties, authorities, and responsibilities as prescribed in Points a, c, d, and đ of Clause 1 of Article 40 of the Inspection Law and Clause 1 of Article 26 of Decree No. 41/2005/ND-CP.

Section 2: SPECIALIZED INSPECTION ACTIVITIES

Article 19. Issuing a Decision for Inspection According to a Program or Plan

1. Based on the inspection program or plan approved by the Minister or Department Director, the Chief Inspector shall issue an inspection decision and establish an Inspection Team or assign Inspectors to carry out the inspection tasks to conduct the inspection. In necessary cases, the Minister or Department Director shall issue an inspection decision and establish an Inspection Team to conduct the inspection.

2. In case the Chief Inspector assigns tasks to Inspectors to conduct independent inspections, such assignments must be in writing, clearly stating the scope, tasks, and time limit for conducting the inspection.

Article 20. Issuing a Decision for Surprise Inspection

1. A surprise inspection shall be conducted when there are signs of violation of laws by the subjects specified in Clause 2 of Article 7 and Clause 2 of Article 10 of this Decree, upon request for handling complaints or denunciations, or as assigned by the Minister or Department Director.

2. The Head of the Ministry Inspectorate shall submit to the Minister, and the Head of the Department Inspectorate shall submit to the Department Director for deciding on the surprise inspection.

Within the latest three days from the date of receiving the request for conducting a surprise inspection from the Head of the Inspectorate, the Minister or Department Director shall be responsible for reviewing and deciding on the inspection and notifying the Head of the Inspectorate.

3. Based on the approval decision of the Minister or Department Director, the Head of the Inspectorate shall issue an inspection decision and establish an Inspection Team to conduct the inspection.

In necessary cases, the Minister or Department Director may issue an inspection decision and establish an Inspection Team to conduct the inspection. Based on the report of the inspection results, the Minister or Department Director may authorize the Head of the Ministry Inspectorate or the Head of the Department Inspectorate to dispatch the Inspection Team to conclude the inspection.

4. In case of discovering a violation of laws that requires immediate measures, the Head of the Inspectorate shall issue an inspection decision and immediately report to the Minister or Department Director.

Article 21. Authority of Inspectors in Emergency Situations

In emergency situations requiring immediate prevention and handling of violations, Inspectors may apply measures within their authority to handle violations of laws, while reporting immediately to the Head of the Inspectorate and bearing responsibility under the law for their handling measures.

Article 22. Duties, Authorities, and Responsibilities of the Decision Maker for Inspection, Head of the Inspection Team, and Inspectors who are Members of the Inspection Team

1. The decision maker for inspection has duties, authorities, and responsibilities as stipulated in Article 52 of the Inspection Law, Clause 3 of Article 26, Articles 27, 28, 30, 31, 32, and 35, and Article 36 of Decree No. 41/2005/ND-CP, other relevant provisions of law, and must bear responsibility under the law for all actions and decisions made by them.

2. The Head of the Inspection Team has duties, authorities, and responsibilities as stipulated in Article 49 of the Inspection Law, Clause 2 of Article 26, Articles 27, 28, 29, 30, 31, 32, 33, 34, and 35 of Decree No. 41/2005/ND-CP, other relevant provisions of law, and must bear responsibility to the decision maker for inspection and under the law for all actions and decisions made by them.

3. When performing inspection tasks, Inspectors who are members of specialized Inspection Teams have duties, authorities, and responsibilities as 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 provisions of law, and must bear responsibility to the decision maker for inspection and under the law for all actions and decisions made by them.

PART 3: RIGHTS, OBLIGATIONS OF THE INSPECTION OBJECTS; RESPONSIBILITIES OF AUTHORITIES, ORGANIZATIONS, AND INDIVIDUALS RELATED TO INSPECTIONS; SETTLING COMPLAINTS AND DENUNCIATIONS ABOUT INSPECTIONS

Article 23. Rights, Obligations, and Responsibilities of Inspection Objects; Responsibilities of Authorities, Organizations, and Individuals Related to Inspections

1. The inspection objects have rights, obligations, and responsibilities as stipulated in Clause 1 of Article 8, Articles 53 and 54 of the Inspection Law, Articles 25, 27, 28, 29, 30, 31, 32, 33, 35, 36, 45, 46, and Clause 2 of Article 51 of Decree No. 41/2005/ND-CP.

2. Authorities, organizations, and individuals with information and documents related to the content of inspections 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 law on protecting state secrets.

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 Articles 49 and 50 of Decree No. 41/2005/NĐ-CP and other relevant legal documents.

Chapter V

RELATIONSHIPS OF THE LEGAL INSPECTION WITH RELATED AUTHORITIES

Article 25. Relationships of the Legal Inspection with state inspection agencies and related agencies and units

1. The Ministry's Inspection is subject to the direction and guidance on work, organization, and inspection business by the Government Inspectorate.

2. The Department's Inspection is subject to the direction and guidance on administrative inspection work by the Provincial Inspectorate and specialized inspection business by the Ministry's Inspection.

3. Within its scope of duties and powers, the Legal Inspection has the responsibility to coordinate with related agencies and organizations in preventing, detecting, correcting, rectifying, and handling according to its authority violations of laws related to areas under the management of the Ministry of Justice and the Department of Justice.

Article 26. Relationships of the Legal Inspection with investigation agencies, prosecution offices, and courts

1. Within its scope of duties and powers, the Legal Inspection has the responsibility to coordinate with investigation agencies, People's Prosecution Offices, and People's Courts in combating crime, detecting, and handling violations of laws, and resolving complaints and reports within the jurisdiction of the Ministry of Justice and the Department of Justice in accordance with the law.

2. During the inspection process, if violations with signs of criminal offenses are discovered, the Legal Inspection must transfer the dossier to the competent investigation agency in accordance with the law. The investigation agency is responsible for handling in accordance with the criminal procedure law and notifying in writing to the Legal Inspection about the results of the case that the Legal Inspection has transferred the dossier to.

Chapter VI

REWARD AND VIOLATION HANDLING

Article 27. Awards

Organizations and individuals who have achievements in legal inspection activities are awarded in accordance with the law on commendation and rewards.

Article 28. Handling Violations

The handling of violations of laws in legal inspection activities shall be carried out in accordance with the provisions of Article 51 of Decree No. 41/2005/NĐ-CP and other relevant legal documents.

Chapter VII

IMPLEMENTING PROVISIONS

Article 29. Effectiveness

This Decree shall take effect fifteen days after its publication in the Official Gazette.

Article 30.. Responsibility for Implementation

1. The Minister of Justice is responsible for guiding the implementation of this Decree.

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