Decree No. 81/2023/NĐ-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

On the basis of Law on Government Organization dated June 19, 2015; Law Amending and Supplementing Certain Provisions of the Law on Government Organization and the Law on Local Administration dated November 22, 2019;

On the basis of Law on Petitions dated November 11, 2011;

On the basis of Law on Receiving Citizens dated November 25, 2013;

On the basis of Law on Reporting dated June 12, 2018;

On the basis of Law on Prevention and Combating Corruption dated November 20, 2018;

On the basis of Law on Inspection dated November 14, 2022;

Decree No. Decision No. 123/2016/NĐ-CP dated September 1, 2016 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies; Decree No. 101/2020/NĐ-CP dated August 28, 2020 of the Government amending and supplementing certain articles of Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies;

At the proposal of the Government Inspectorate;

The Government promulgates this Decree stipulating the functions, tasks, powers, and organizational structure of the Government Inspectorate.

Article 1. Position and Functions

The Government Inspectorate is a ministerial-level agency under the Government, performing state management functions regarding inspection, receiving citizens, handling petitions and reports, and preventing and combating corruption and negative practices throughout the country; it carries out inspection, receiving citizens, handling petitions and reports, and preventing and combating corruption and negative practices according to the provisions of the law.

b) Draft five-year and annual socio-economic development plans for the province; major economic and social balances for the province; draft five-year and annual plans, programs, projects, measures to organize and implement tasks related to socio-economic development, finance-budget, planning-investment, and other tasks within the scope of state management of the Department of Finance as prescribed by law;

The Government Inspectorate performs the tasks and powers prescribed in Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies (hereinafter referred to as ministries); Decree No. 101/2020/NĐ-CP dated August 28, 2020 of the Government amending and supplementing certain articles of Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government, and the following specific tasks and powers:

1. Submitting draft laws, draft resolutions of the National Assembly, draft ordinances, and draft resolutions of the Standing Committee of the National Assembly; submitting draft resolutions, decrees of the Government, and draft decisions of the Prime Minister regarding inspection, receiving citizens, handling petitions and reports, and preventing and combating corruption and negative practices according to the annual program of legislative construction of the Government Inspectorate that has been approved and other draft regulatory legal documents as assigned by the Government and the Prime Minister.

2. Submitting to the Government and the Prime Minister strategies, plans, and medium-term and long-term plans for development in areas under the state management of the Government Inspectorate; drafting decisions, directives, and other documents regarding inspection, receiving citizens, handling petitions and reports, and preventing and combating corruption and negative practices and organizing their implementation.

3. Issuing circulars, decisions, directives, and other documents regarding inspection, receiving citizens, handling petitions and reports, and preventing and combating corruption and negative practices.

4. Directing, guiding, inspecting, and organizing the implementation of regulatory legal documents, strategies, and programs already approved regarding inspection, receiving citizens, handling petitions and reports, and preventing and combating corruption and negative practices; providing information, propaganda, dissemination, and education on the law regarding inspection, receiving citizens, handling petitions and reports, and preventing and combating corruption and negative practices.

5. Regarding inspections:

a) Drafting the Program Direction for inspection to be submitted to the Prime Minister for approval; drafting the Government Inspectorate's inspection plan; guiding ministries, government agencies, and provincial People's Committees in drafting inspection plans; organizing the implementation and guiding ministries, government agencies, and provincial People's Committees in organizing the implementation of inspection plans;

b) Inspecting the implementation of policies, laws, and tasks and powers of ministries, government agencies, provincial People's Committees, and centrally-administered city People's Committees; inspecting the management of State capital and assets at State-owned enterprises when instructed by the Prime Minister; inspecting complex cases involving the responsibility of multiple ministries, government agencies, and provincial People's Committees;

c) Inspecting other cases assigned by the Prime Minister;

d) Checking the accuracy and legality of inspection conclusions issued by ministry inspectors, government agency inspectors, provincial inspectors, and post-inspection decisions made by ministers, heads of government agencies, and provincial People's Committee chairmen when necessary;

đ) Deciding to reinspect cases that have been concluded by ministry inspectors, government agency inspectors, provincial inspectors but where signs of law violations are discovered;

e) Requesting ministers, heads of government agencies, and provincial People's Committee chairmen to decide on inspections for cases showing signs of law violations; if they do not implement such requests, then issuing inspection decisions or reporting to the Prime Minister for instructions;

g) Cooperating with the State Audit Agency to handle overlaps and repetitions between inspection activities and State audit activities; taking the lead in resolving overlaps in scope, subjects, content, and timeframes among inspection agencies as prescribed by law;

h) Monitoring, urging, and inspecting the implementation of inspection conclusions, recommendations, and post-inspection decisions made by the Government Inspectorate and the Prime Minister;

i) Considering and handling issues related to inspection work that the head of a ministry inspector disagrees with the minister's instructions or the head of a provincial inspector disagrees with the provincial People's Committee chairman's instructions. If the minister or provincial People's Committee chairman does not agree, the Chief Inspector of the Government Inspectorate will report to the Prime Minister for consideration and decision;

k) Requesting ministers and provincial People's Committees to suspend the enforcement or revoke regulatory legal documents issued by them that violate the Constitution, laws, or higher-level regulatory legal documents discovered through inspections; if the request is not accepted, then submitting to the Prime Minister for consideration and decision;

l) Recommend the Prime Minister to suspend the implementation of part or all of the resolutions of the provincial People's Council that contravene the Constitution, laws, and normative legal documents of higher-level state agencies discovered through inspection; report to the Prime Minister to request the Standing Committee of the National Assembly to revoke part or all of the resolutions of the provincial People's Council that contain content contravening the Constitution, laws, and normative legal documents of higher-level state agencies discovered through inspection;

m) Recommend the competent state agency to amend, supplement, promulgate regulations in accordance with management requirements; recommend suspending, canceling, or revoking illegal regulations discovered through inspection work;

n) Propose the Minister, Head of a government agency, Chairman of the provincial People's Committee to review, rectify, and address violations within their respective sectors, fields, or areas under the supervision of the Government Inspectorate discovered through inspections;

o) Recommend the Prime Minister, competent agencies, or organizations to consider responsibility and handle individuals under their management who have violated the law discovered through inspections or failed to implement inspection conclusions, recommendations, or decisions; require the heads of other agencies or organizations to consider responsibility and handle individuals under their management who have violated the law discovered through inspections or failed to implement inspection conclusions, recommendations, or decisions;

6. Regarding receiving citizens, handling complaints, and denunciations:

a) Organizing citizen reception; receiving, processing complaints, denunciations, suggestions, and reflections; handling complaints and denunciations in accordance with the law;

b) Take the lead and coordinate with relevant agencies to perform the task of receiving citizens at the central reception office;

c) Monitor, inspect, and urge ministries, government agencies, people's committees at all levels to receive citizens, handle complaints, and enforce decisions on complaint resolution;

d) When discovering the violation of law in handling complaints causing damage to the interests of the State, the legitimate rights and interests of citizens, agencies, or organizations, recommend the Prime Minister or the competent authority to apply necessary measures to stop the violation, consider responsibility, and handle the violator;

đ) Receive, classify, and propose solutions for complaints within the Prime Minister's jurisdiction;

e) Verify the content of complaints, report the verification results, and recommend measures to handle complaints within the Prime Minister's jurisdiction when assigned;

g) Review the handling of complaints resolved by the Minister, Head of a ministry equivalent to a minister, Head of a government agency, or Chairman of the provincial People's Committee but showing signs of violating the law; if there is evidence indicating a violation of the law, recommend the Prime Minister to reconsider and resolve again;

h) Develop, manage, and exploit the National Database on citizen reception, letter handling, complaint resolution, suggestions, and reflections;

7. On anti-corruption and anti-graft:

a) Organize, direct, and guide the implementation of legal provisions on anti-corruption and anti-graft within its jurisdiction or as directed by the Government or the Prime Minister, and combat corruption and graft in inspection work;

b) Inspect cases with signs of corruption within its jurisdiction; inspect the implementation of laws on anti-corruption and anti-graft at ministries, government agencies, provincial People's Committees, enterprises, and non-state social organizations within its jurisdiction or as directed by the Prime Minister;

c) Proactively cooperate with agencies and organizations in detecting acts of corruption and graft; inspect cases with signs of corruption and graft within its jurisdiction or as directed by the Prime Minister; urge the handling of individuals involved in corruption and graft according to the law and the cadre management hierarchy of the Party and the Government;

d) Control assets and income of officials and persons in charge in agencies, organizations, and units within its jurisdiction;

đ) Develop, manage, exploit, and protect the national database on asset and income control; monitor and evaluate the situation of corruption and graft and anti-corruption and anti-graft efforts at ministries, sectors, localities, and non-state areas;

e) Coordinate with the State Audit Office, Ministry of Public Security, Ministry of Defense, Supreme People's Procuracy, Supreme People's Court, and the Central Steering Committee for Internal Affairs in providing, exchanging information, documents, and experiences on anti-corruption and anti-graft work; compile, assess, forecast the situation of corruption and graft, and recommend policies and solutions to combat corruption and graft;

9. Request ministries, government agencies, provincial People's Committees to report on the situation and results of inspection work, citizen reception, complaint resolution, and anti-corruption and anti-graft efforts;

10. Summarize and report on the results of inspection work, citizen reception, complaint resolution, and anti-corruption and anti-graft efforts under the Government's administrative management; summarize experiences in inspection work, citizen reception, complaint resolution, and anti-corruption and anti-graft efforts;

11. Perform the function of the permanent agency implementing the United Nations Convention against Corruption, serving as the national focal point for international information exchange in anti-corruption; international cooperation in inspection work, citizen reception, complaint resolution, and anti-corruption;

12. Organize and direct the implementation of scientific research programs and plans, applying scientific and technological progress in the field of inspection, citizen reception, complaint resolution, and anti-corruption and anti-graft efforts.

12. Organize and direct the implementation of programs and plans for scientific research, the application of scientific and technological progress in the fields of inspection, receiving citizens, handling complaints and denunciations, and preventing and combating corruption and negative practices.

13. Decisions and organization to implement the administrative reform plan of the Government Inspectorate in accordance with the State administrative reform program and plan of the Government and the directives of the Prime Minister.

14. Direct and guide inspection business; train inspection staff for the cadre, civil servants, and employees; manage and appoint ranks of inspection civil servants in accordance with the law; issue inspection officer cards to civil servants appointed to inspection officer ranks within the scope of management as prescribed by law. Provide opinions on the appointment, dismissal, removal from office, transfer, rotation, and special assignment of the Inspector General of Ministries and Departments and the Inspector General of Provinces.

15. Manage organizational structure, staffing; cadres, civil servants, employees, and workers; implement salary systems and incentive policies, rewards, and disciplinary measures for cadres, civil servants, employees, and workers under the management of the Government Inspectorate in accordance with the law.

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

17. Organize and direct the implementation of information technology application, data information; digital transformation and specialized data management to serve the State management functions of the Government Inspectorate.

18. Manage finances and assets assigned and organize the implementation of allocated budgets in accordance with the provisions of the law;

19. Perform other tasks assigned by the Government and the Prime Minister in accordance with the law.

Article 3. Organizational Structure

1. Legal Affairs Department;

2. Cadre and Civil Servant Department;

3. International Cooperation Department.

4. Department of Planning and General Affairs.

5. Office.

6. Department of Inspection, Complaints and Petitions in Economic Sectors (Department I).

7. Department of Inspection, Complaints and Petitions in Internal Security and Comprehensive Economic Sectors (Department II).

8. Department of Inspection, Complaints and Petitions in Cultural and Social Sectors (Department III).

9. Regional Inspection, Complaints and Petitions Bureau 1 (Bureau I).

10. Regional Inspection, Complaints and Petitions Bureau 2 (Bureau II).

11. Regional Inspection, Complaints and Petitions Bureau 3 (Bureau III).

12. Bureau of Anti-Corruption and Malpractice (Bureau IV).

13. Bureau of Supervision, Audit and Post-Inspection Handling (Bureau V).

14. Central Reception Committee.

15. Institute of Strategy and Inspection Science.

16. Inspection Newspaper.

17. Inspection Magazine.

18. Inspection Cadre School.

19. Information Center.

In this Article, units specified from Clause 1 to Clause 14 are administrative organizations assisting the Inspector General of the Government in performing State management functions; units from Clause 15 to Clause 19 are public service organizations serving the State management functions of the Government Inspectorate.

The Central Reception Committee has a permanent presence at the Central Party and State Reception Office in Ho Chi Minh City.

The Chief Inspector General stipulates the functions, tasks, authorities, and organizational structures of subordinate units of the Government Inspectorate.

Article 4. Effective date

1. This Decree takes effect from December 1, 2023.

2. This Decree replaces Decree No. 50/2018/NĐ-CP dated April 9, 2018 of the Government stipulating the functions, tasks, powers, and organizational structure of the Government Inspectorate.

3. The Department of Supervision, Audit and Post-Inspection Handling continues to perform its functions, tasks, and powers according to current laws until the Inspector General of the Government issues a Decision stipulating the functions, tasks, powers, and organizational structure of the Bureau of Supervision, Audit and Post-Inspection Handling.

Article 5. Responsibilities for Implementation

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