Decree No. 83/2012/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 AUDITING COMMISSION

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

Based on the Inspection Law dated November 15, 2010;

Pursuant to Decree No. 36/2012/NĐ-CP dated April 18, 2012, 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 to stipulate the functions, tasks, powers and organizational structure of the Government Auditing Commission,

Article 1. Position and Functions

The Government Auditing Commission is an agency at the level of a Ministry under the Government, performing state management functions regarding auditing, receiving citizens' visits, handling complaints and denunciations, and preventing and combating corruption throughout the country; implementing auditing activities, handling complaints and denunciations, and preventing and combating corruption in accordance with 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 Auditing Commission performs the tasks and powers specified in the Government's Decree No. 36/2012/NĐ-CP dated April 18, 2012 on the functions, tasks, powers and organizational structure of Ministries and agencies at the level of a Ministry, and the following specific tasks and powers:

1. Submitting to the Government draft laws, draft resolutions of the National Assembly, draft ordinances, draft resolutions of the Standing Committee of the National Assembly; draft resolutions, decrees of the Government on auditing, receiving citizens' visits, handling complaints and denunciations, and preventing and combating corruption according to the annual legislative program of the Government Auditing Commission that has been approved and other draft regulatory legal documents as assigned by the Government and the Prime Minister.

2. Submitting to the Prime Minister for approval the Orientation of the annual auditing program, draft decisions, directives, and other documents within the Prime Minister’s authority and organizing their implementation.

4. Direct, guide, inspect, and organize the implementation of normative legal documents, strategies, and approved Orientation Programs on inspection, handling complaints and denunciations, and preventing and combating corruption; provide information, propaganda, dissemination, and education on the law related to inspection, receiving citizens, handling complaints and denunciations, and preventing and combating corruption.

4. Directing, guiding, inspecting, and organizing the implementation of regulatory legal documents, strategies, and approved orientation programs on auditing, handling complaints and denunciations, and preventing and combating corruption; providing information, propaganda, dissemination, and education on the law related to auditing, receiving citizens' visits, handling complaints and denunciations, and preventing and combating corruption.

5. Regarding inspections:

a) Drafting the auditing plan of the Government Auditing Commission; guiding the Ministries' Auditing Commissions (hereinafter referred to as Ministries' Auditing Commissions), Provincial Auditing Commissions (hereinafter referred to as Provincial Auditing Commissions) to build and implement auditing plans.

b) Auditing the implementation of policies, laws, and tasks and powers of Ministries, agencies at the level of a Ministry, government agencies, People's Committees of provinces and centrally governed cities (hereinafter referred to as Provincial People's Committees); auditing state-owned enterprises established by the Prime Minister's decision; auditing complex cases involving the responsibility of multiple Ministries, agencies at the level of a Ministry, and Provincial People's Committees in state management.

c) Inspecting other cases assigned by the Prime Minister;

d) Checking the accuracy and legality of audit conclusions and post-audit handling decisions made by Ministers, Heads of agencies at the level of a Ministry, Chairmen of Provincial People's Committees, and Directors of Ministries' Auditing Commissions, Provincial Auditing Commissions when necessary.

đ) Deciding to re-audit a case concluded by a Minister but found to have signs of law violations upon assignment by the Prime Minister; deciding to re-audit a case concluded by the Chairman of a Provincial People's Committee, Director of a Ministry's Auditing Commission, or Director of a Provincial Auditing Commission but found to have signs of law violations.

e) Requesting Ministers, requiring Chairmen of Provincial People's Committees to conduct audits within their respective management scopes when signs of law violations are detected; if the Minister or Chairman of a Provincial People's Committee disagrees, they have the right to issue an audit decision, report, and bear responsibility before the Prime Minister for their decision.

g) Taking the lead in resolving overlapping issues regarding the scope, subjects, contents, and timeframes of audits between Ministries' Auditing Commissions; between Ministries' Auditing Commissions and Provincial Auditing Commissions.

h) Monitoring, inspecting, and urging the implementation of audit conclusions, recommendations, and post-audit handling decisions made by the Government Auditing Commission and the Prime Minister.

i) Considering and handling issues where the Director of a Ministry's Auditing Commission disagrees with the Minister, or the Director of a Provincial Auditing Commission disagrees with the Chairman of a Provincial People's Committee regarding auditing work. If the Minister disagrees with the result of the handling by the Director of the Government Auditing Commission, the Director of the Government Auditing Commission reports to the Prime Minister for consideration and decision.

k) Recommending Ministers to suspend the enforcement or revoke regulations issued by their own ministries that contravene higher-level state agencies' regulations or those of the Director of the Government Auditing Commission on auditing work; if the Minister does not suspend or revoke such documents, they shall submit to the Prime Minister for decision.

l) Suspending the enforcement and recommending the Prime Minister to revoke regulations of Provincial People's Committees or Chairmen of Provincial People's Committees that contravene higher-level state agencies' regulations or those of the Director of the Government Auditing Commission on auditing work.

m) Advising competent state authorities to amend, supplement, or promulgate regulations in line with management requirements; advising on suspending or revoking illegal regulations discovered through auditing work.

n) Recommending the Prime Minister to consider responsibility and handle persons under the Prime Minister's management who violate the law discovered through auditing or fail to implement audit conclusions and handling decisions; requesting heads of agencies or organizations to consider responsibility and handle persons under their management who violate the law discovered through auditing or fail to implement audit conclusions and handling decisions.

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

b) Lead and coordinate with relevant agencies to perform citizen reception tasks at the Central Party and State Citizen Reception Office in Hanoi and Ho Chi Minh City.

c) Verify the content of denunciations, conclude verification results, and propose measures to handle denunciations within the Prime Minister's resolution authority when assigned.

c) Verify the content of the complaint, conclude the verification content, and recommend measures to handle the complaint within the Prime Minister's jurisdiction when assigned;

d) Reviewing and concluding on the handling of denunciations resolved by Ministers, Heads of agencies at the level of a Ministry, Heads of government agencies, or Chairmen of Provincial People's Committees but found to have signs of law violations; if the conclusion on the handling of denunciations involves law violations, recommending the Prime Minister to reconsider and resolve again.

đ) Assisting the Prime Minister in monitoring, inspecting, and urging Ministries, agencies at the level of a Ministry, government agencies, and People's Committees at all levels in receiving citizens' visits, handling complaints, and enforcing effective complaint resolution decisions.

7. On anti-corruption:

a) Organize, direct, and guide inspection work on the implementation of legal provisions on anti-corruption and anti-corruption in inspection activities;

b) Inspect the implementation of laws on preventing and combating corruption at ministries, ministerial-level agencies, agencies under the Government, provincial People's Committees within their jurisdiction or upon the Prime Minister’s directive; proactively coordinate with relevant agencies and organizations in detecting acts of corruption; inspect cases showing signs of corruption; urge the handling of individuals involved in corrupt acts according to the provisions of 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, Ministry of National Defense, 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; compile, evaluate, forecast the situation of corruption and propose policies and solutions to prevent and combat corruption;

8. In the process of performing inspection tasks, handling complaints and denunciations, and preventing and combating corruption, the Government Inspectorate shall apply the powers of the Government Inspectorate as prescribed by law; request relevant agencies and units to assign officials, civil servants, and employees to join inspection teams;

9. Require ministries, ministerial-level agencies, agencies under the Government, and provincial People's Committees to report on the situation and results of inspection work, complaint and denunciation resolution, and prevention and combat of corruption;

10. Compile and report on the results of inspection work, complaint and denunciation resolution, and prevention and combat of corruption within the scope of state administration managed by the Government; summarize experiences in inspection work, complaint and denunciation resolution, and prevention and combat of corruption;

11. Implement international cooperation in inspection work, complaint and denunciation resolution, and prevention and combat of corruption;

12. Organize and direct the implementation of scientific research programs and plans, application of scientific and technological progress in the field of inspection, receiving citizens, complaint and denunciation resolution, and prevention and combat of corruption;

13. 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 Prime Minister’s directives;

14. Take the lead and coordinate with the Ministry of Home Affairs in issuing guiding documents on the functions, tasks, powers, organizational structure, and staffing of state inspection agencies;

15. Direct and guide inspection business; train inspection skills for the inspection workforce; implement the management and appointment of inspection cadres according to the law; issue inspection officer cards to civil servants and officers appointed to inspection officer ranks throughout the Inspection sector; issue professional standards for Chief Inspectors, Deputy Chief Inspectors of Ministries, and Chief Inspectors, Deputy Chief Inspectors of provinces;

Unify with the Ministers, Heads of ministerial-level agencies, and Chairmen of provincial People's Committees regarding the appointment, dismissal, and removal from office of Chief Inspectors of Ministries, ministerial-level agencies, and Chief Inspectors of provinces;

16. Manage the organizational structure, staffing; cadres, civil servants, and employees; implement salary systems and incentive, reward, and disciplinary policies for cadres, civil servants, and employees under the management of the Government Inspectorate according to the law;

17. Manage and direct activities of subordinate organizations according to the law;

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 and powers assigned by the Government, the Prime Minister, or as prescribed by law.

Article 3. Organizational Structure

1. The Economic Sector Inspection Department (referred to as Department I);

2. The Internal Affairs and Comprehensive Economic Sector Inspection Department (referred to as Department II);

3. The Culture and Social Sector Inspection Department (referred to as Department III);

4. The Supervision, Evaluation, and Post-Inspection Handling Department;

5. The Citizen Reception and Petition Handling Department;

6. Legal Affairs Department.

7. The Cadre and Civil Servant Organization Department;

8. The International Cooperation Department;

9. The Planning, Finance, and Consolidation Department;

10. The Office (with a representative office in Ho Chi Minh City);

11. The Complaint and Denunciation Resolution and Region 1 Inspection Bureau (referred to as Bureau I);

12. The Complaint and Denunciation Resolution and Region 2 Inspection Bureau (referred to as Bureau II);

13. The Complaint and Denunciation Resolution and Region 3 Inspection Bureau (referred to as Bureau III);

14. The Anti-Corruption Bureau (referred to as Bureau IV);

15. The Inspection Science Institute;

16. The Inspection Cadre Training School;

17. The Inspection Newspaper;

18. The Inspection Magazine;

19. Information Center.

In this Article, units specified from Clause 1 to Clause 14 are units assisting the Chief Government Inspector in performing state management functions; units specified from Clause 15 to Clause 19 are public service units;

Department I, Department II, Department III, the Supervision, Evaluation, and Post-Inspection Handling Department, the Planning, Finance, and Consolidation Department, and the International Cooperation Department shall be organized into three subordinate divisions; the Citizen Reception and Petition Handling Department and the Cadre and Civil Servant Organization Department shall be organized into four subordinate divisions; the Legal Department shall be organized into two subordinate divisions;

The Citizen Reception and Petition Handling Department has its own seal and a permanent unit to manage the Central Party and State Citizen Reception Office in Ho Chi Minh City;

The functions, tasks, powers, and organizational structure of departments, bureaus, and units shall be stipulated by the Chief Government Inspector;

Article 4. Effective date

1. This Decree takes effect from December 1, 2012;

2. This Decree replaces Decree No. 65/2008/NĐ-CP dated May 20, 2008 of the Government on the functions, tasks, powers, and organizational structure of the Government Inspectorate.

Article 5. Responsibilities for Implementation

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 implementing this Decree.