Decree No. 97/2011/NĐ-CP on Inspectors and Inspector Collaborators

DECREE

Regulations on Inspectors and Inspector Collaborators

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THE GOVERNMENT

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

Pursuant to the Law on Public Officials and Civil Servants dated November 13, 2008;

Based on the Inspection Law dated November 15, 2010;

Considering the proposal of the Government Inspector General,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides for:

1. The standards for inspector ranks; the appointment and removal thereof; conditions to ensure their activities.

2. The standards, tasks, and powers of assistant inspectors; the summoning thereof and the treatment and policies for assistant inspectors.

Article 2. Responsibilities of Inspectors and Assistant Inspectors

Article 1. Inspectors must set a good example in complying with laws, continuously strive to improve their skills to meet the required standards; lead a healthy lifestyle and respect public conduct rules; have a responsibility to study and research to enhance their professional inspection expertise.

Clause 2. During the inspection process, inspectors and inspector collaborators must perform tasks assigned by the Head of the Inspection Team; comply with legal regulations and be accountable under the law for the tasks assigned; inspectors also must be accountable to the person issuing the inspection decision and the direct head of the management agency regarding the performance of the assigned tasks.

Article 3. Matters that Inspectors and Assistant Inspectors shall not engage in

1. Inspectors shall not engage in the following matters:

a) Matters prohibited by laws on cadres and civil servants, laws on preventing and combating corruption, and other relevant legal provisions;

b) Prohibited acts stipulated in Article 13 of the Inspection Law;

c) Conducting inspections without an inspection decision or assignment document from the competent authority;

d) Colluding with the inspected entity and related individuals in the inspection case to distort the inspection results;

đ) Exploiting their positions and powers in inspection to cover up for the inspected entity and related individuals.

Clause 2. Inspectors and inspector collaborators shall not participate in Inspection Teams, conduct independent inspections, or must refuse to participate in Inspection Teams, conduct independent inspections if their spouse (or husband), children, father, mother, brothers, sisters, or half-siblings are the subjects of inspection or hold leadership positions in organizations that are the subjects of inspection.

Article 4. Responsibilities for Managing and Utilizing Inspectors and Assistant Inspectors

Article 1. State administrative agencies, state inspection agencies are responsible for managing, utilizing, training, and providing salary systems and incentive policies, rewards, and disciplinary measures for inspectors according to the provisions of the law.

Clause 2. State inspection agencies, when summoning inspector collaborators, are responsible for using inspector collaborators according to their professional expertise, suitable to the requirements and tasks of the inspection; manage and utilize inspector collaborators during the period of summons; implement policies for inspector collaborators according to the regulations.

Chapter II

INSPECTORS

Section 1

STANDARDS FOR INSPECTOR RANKS

Article 5. Inspectors

Article 1. Inspectors are civil servants, officers of the People's Army, or officers of the People's Public Security who are appointed to the inspector rank to carry out inspection duties and other tasks assigned by the head of the state inspection agency.

2. Inspectors who are civil servants must meet the general standards prescribed in Clause 1 of Article 32 of the Inspection Law and the specific professional standards set forth in Articles 6, 7, and 8 of this Decree.

3. Inspectors who are officers of the People's Army or officers of the People's Public Security must meet the general standards prescribed in Clause 1 of Article 32 of the Inspection Law and Article 9 of this Decree.

4. Inspector ranks range from lower to higher as follows:

a) Inspector;

b) Senior Inspector;

c) Senior Inspector (High Rank).

Article 6. Standards for Inspector Rank

1. Responsibilities:

Inspectors are professional staff members of state inspection agencies, implementing inspection decisions and other tasks of state inspection agencies. Inspectors are entrusted to lead inspections of cases with moderate scale and complexity; they must comply with the law, be accountable under the law and to the direct head of the management agency regarding the assigned tasks.

2. Tasks:

a) Participate in building plans and organizing the implementation of inspection cases, complaints, denunciations, and anti-corruption cases assigned;

b) Directly carry out or organize cooperation with relevant agencies and units to collect evidence and files related to the inspection case, complaints, accusations, anti-corruption cases assigned;

c) Draft minutes, write reports on inspection results, clarify each inspected content, determine the nature and severity of violations, causes, responsibilities; propose solutions;

d) Organize lessons learned from conducted inspections;

đ) During the inspection process, implement duties and powers stipulated in Articles 47 and 54 of the Inspection Law;

e) Perform other tasks assigned by the head of the state inspection agency.

3. Competence:

a) Understand Party guidelines, policies, and State laws to apply them in inspection activities, complaint resolution, and anti-corruption efforts;

b) Grasp principles, systems, policies, and regulations of the State concerning economic, cultural, and social management;

c) Understand economic and social conditions;

d) Grasp the inspection and complaint resolution procedures; have the ability to perform assigned tasks;

đ) Have the ability to analyze, synthesize, and evaluate management activities at the grassroots level;

4. Educational Qualifications and Length of Service:

a) Hold a bachelor's degree or higher in a field relevant to their current work;

b) Possess a certificate or training course in inspector rank professional skills;

c) Possess a certificate or training course in public administration professional skills at the specialist rank;

d) Possess a degree or certificate in foreign languages at level B or higher in one of five languages: English, French, Russian, Chinese, German. For civil servants working in mountainous, remote, border, and island areas where ethnic minority languages are used directly for work, the foreign language certificate can be replaced by an ethnic minority language certificate issued by the competent authority or confirmed by the head of the inspection agency where the civil servant works.

đ) Proficient in office software or hold an office software certification;

e) Have at least two years of experience in inspection work (excluding probationary and trial periods).

In the case of cadres, civil servants, officials, officers of the People's Army, or officers of the People's Public Security transferring from other agencies, organizations, or units to state inspection agencies, they must have held the civil servant, official, or equivalent officer rank for at least five years.

Article 7. Criteria for the rank of Senior Inspector

1. Responsibilities:

Senior Inspectors are professional staff members of state inspection agencies, implementing inspection decisions and other tasks of state inspection agencies. Senior Inspectors are entrusted to lead or participate in inspections of cases with broad scope, complex circumstances, involving multiple fields; they must comply with the law, be accountable under the law and to the direct head of the management agency regarding the assigned tasks.

2. Tasks:

a) Lead or participate in drafting plans and organizing the implementation of assigned inspection cases, complaints resolution, denunciation handling, and anti-corruption measures;

b) Directly carry out or organize cooperation with relevant agencies and units to collect evidence and files related to the inspection case, complaints, accusations, anti-corruption cases assigned;

c) Prepare reports on inspection results, inspection conclusions, clarify each inspected content; determine the nature, severity of violations, causes, responsibilities; propose measures to resolve issues to correct management activities within the industry or locality;

d) Organize evaluations and draw lessons from the implementation of assigned inspections;

đ) Participate in drafting inspection business procedures, complaint and denunciation resolution processes, anti-corruption measures; directly or participate in professional training for inspectors;

e) During the inspection process, perform duties and exercise powers as stipulated in Articles 47 and 54 of the Inspection Law;

g) Perform other tasks assigned by the head of the State Inspection Agency;

3. Competence:

a) Be well-versed in the Party's guidelines, policies, state laws, practical activities of state administration and economic, cultural, social management, propose and effectively organize the implementation of assigned inspections;

b) Proficiently understand principles, systems, policies, regulations of the state in economic, cultural, and social management;

c) Have a deep understanding of socio-economic conditions;

d) Have specialized knowledge and skills in the assigned field; have the ability to take responsibility as team leader or deputy team leader in inspections; organize and guide inspectors and inspector collaborators to perform assigned inspection tasks;

đ) Have analytical and evaluation capabilities regarding issues within the jurisdiction of the sector, field, or locality;

4. Educational Qualifications and Length of Service:

a) Hold a bachelor's degree or higher in a field relevant to their current work;

b) Hold a degree or certificate in specialized training for the inspector rank;

c) Hold a degree or certificate in state administrative management training for the specialist rank;

d) Possess a degree or certificate in foreign languages at level B or higher in one of five languages: English, French, Russian, Chinese, German. For civil servants working in mountainous, remote, border, and island areas where ethnic minority languages are used directly for work, the foreign language certificate can be replaced by an ethnic minority language certificate issued by the competent authority or confirmed by the head of the inspection agency where the civil servant works;

đ) Proficient in office software or hold an office software certification;

e) Have at least nine years of service in the inspector rank or equivalent, except in the case of cadres, civil servants, officials, officers of the People's Army, or officers of the People's Public Security transferring from other agencies, organizations, or units and currently holding the civil servant, official, or equivalent senior inspector rank to state inspection agencies.

Article 8. Criteria for Senior Inspector Rank

1. Responsibilities:

A senior inspector is a specialized civil servant of the Government Inspectorate, Ministry Inspectorate, agency equivalent to a ministry, provincial inspectorate, or centrally governed city inspectorate, responsible for implementing inspection decisions and other tasks assigned by the state inspectorate. Senior inspectors are directly entrusted to lead inspections of large-scale cases with very complex circumstances involving multiple sectors and fields; they must comply with the law and be accountable before the law and the head of their direct supervising agency regarding the tasks assigned.

2. Tasks:

a) Lead the development of plans and organize the implementation of assigned inspection cases, complaints resolution, and anti-corruption actions;

b) Directly carry out or organize coordination with relevant agencies and units to collect evidence and files related to the inspection cases, complaints, accusations, and anti-corruption cases assigned;

c) Prepare reports on the results of inspections, inspection conclusions, clarifying each inspected content; clearly identify the nature, level of violation, causes, and responsibilities; propose measures to resolve issues to improve management activities in various sectors, fields, or localities;

d) Lead or participate in summarizing and evaluating large-scale, complex inspections, and wide-ranging inspections assigned;

đ) Lead or participate in developing inspection business procedures, complaint resolution, and anti-corruption; provide professional training for Inspectors and Chief Inspectors;

e) During the inspection process, perform duties and exercise powers as stipulated in Articles 47 and 54 of the Inspection Law;

g) Perform other tasks assigned by the head of the State Inspection Agency;

3. Competence:

a) Profound understanding of the Party's policies, State laws, strategic economic, cultural, and social development goals in each period, sector, and field;

b) Deep knowledge of domestic and international socio-economic conditions; thorough understanding of State principles, systems, policies, and regulations in state administration, economic, cultural, and social management;

c) Possess extensive knowledge in multiple sectors and fields; capable of assuming responsibility as the leader or deputy leader of inspection teams for large-scale cases with very complex circumstances involving multiple sectors and fields; capable of organizing and directing senior inspectors to perform assigned inspection tasks;

d) Lead research and theoretical studies on inspection work; participate in drafting legal documents on inspection, complaint resolution, and anti-corruption;

đ) Participate in developing programs and compiling specialized training materials for Inspectors, Chief Inspectors, and management staff of inspection organizations;

e) Have analytical, generalization, and synthesis capabilities for issues within the scope of multiple sectors and fields;

4. Educational Qualifications and Length of Service:

a) Hold a bachelor's degree or higher in a field relevant to their current work;

b) Hold a degree or certificate in Senior Inspector professional training;

c) Hold a degree or certificate in Senior Specialist professional training;

d) Hold a Master's Degree in Political Theory;

đ) Hold a degree or certificate in foreign language proficiency level C or higher in one of five languages: English, French, Russian, Chinese, German;

e) Proficient in office software or hold an office software certificate;

g) Have at least six years of service in the rank of senior inspector or equivalent, except in cases where personnel from other agencies, organizations, or units who are cadres, civil servants, public officials, People's Army officers, or People's Public Security officers hold equivalent ranks and transfer to state inspectorates;

Article 9. Standards for Inspector Ranks in the People's Army and the People's Public Security Force

1. The standards for inspector ranks in the People's Army shall be established by the Minister of National Defense, in coordination with the General Inspectorate of Government and the Minister of Home Affairs, to be submitted to the Prime Minister for decision.

2. The standards for inspector ranks in the People's Public Security Force shall be established by the Minister of Public Security, in coordination with the General Inspectorate of Government and the Minister of Home Affairs, to be submitted to the Prime Minister for decision.

Section 2

APPOINTMENT AND REMOVAL OF INSPECTORS

Article 10. Appointment of Inspector Ranks

1. The appointment of inspector ranks must ensure the following principles:

a) The appointee must meet the professional and vocational standards of the inspector rank as stipulated in Clause 1, Article 32 of the Inspection Law and the standards set forth in Articles 6, 7, 8, and 9 of this Decree.

b) The appointment must be within the authority, follow the prescribed procedures, and be appropriate to the job requirements.

2. Civil servants may be considered for appointment to inspector ranks in the following cases:

a) Civil servants holding the ranks of clerk, senior clerk, and equivalent, senior clerk, and equivalent, and top clerk, and equivalent currently working in state inspectorates who meet the conditions and criteria can transfer to corresponding inspector ranks;

b) Civil servants who pass the examination for promotion from inspector to senior inspector or from senior inspector to chief inspector.

3. People's Army officers and People's Public Security officers working in Defense Inspectorates and Public Security Inspectorates who meet the conditions and criteria for inspector ranks as stipulated in Clause 3, Article 5 of this Decree shall be considered for appointment to corresponding inspector ranks based on their qualifications, criteria, and job requirements;

Article 11. Authority to Appoint Inspector Ranks

1. The Minister, Head of a ministry-level agency, Chairman of the People's Committee of a province or centrally governed city shall consider and appoint inspectors and senior inspectors.

2. The Minister of Home Affairs shall appoint civil servants to the rank of senior inspector; the Ministers of Public Security and National Defense shall appoint People's Public Security officers and People's Army officers to the rank of senior inspector;

The decision to appoint chief inspectors in ministries, ministry-level agencies, provincial, and centrally governed city inspection agencies must be sent to the State Inspectorate for monitoring and consolidation.

Article 12. Appointment of Inspector Ranks Through Rank Transfer Procedures

1. Civil servants currently working in state inspectorates who meet the professional conditions and criteria specified in Clause 1, Article 32 of the Inspection Law and Articles 6, 7, and 8 of this Decree shall be eligible for promotion to inspector ranks as follows:

a) In the case of clerks or equivalent positions, they may be considered for rank transfer and appointment to the rank of inspector;

b) In the case of senior clerks or equivalent positions, they may be considered for rank transfer and appointment to the rank of senior inspector;

c) In the case of chief clerks or equivalent positions, they may be considered for rank transfer and appointment to the rank of chief inspector.

2. The process of considering rank transfer and appointment to Inspector ranks must go through the Rank Transfer Examination Board.

The Minister, the head of an agency equivalent to a ministry, or the Chairman of the People's Committee of a centrally governed province or city shall decide to establish a committee to review and promote civil servants under their jurisdiction to inspector ranks;

The Rank Transfer Examination Board consists of five members, operating on a collective basis, deciding by majority vote. The composition includes:

a) Chair of the Board: At the central level, it is the leadership of the ministry or ministry-level agency; at the local level, it is the leadership of the People's Committee of a province or centrally governed city;

b) Vice-Chair of the Board is the Director of the Cadre and Civil Servant Department or the Director of the Provincial Department of Home Affairs;

c) Permanent members are the Heads of the Ministry Inspectorate or agency equivalent to a ministry, or the Heads of the Provincial Inspectorate or centrally governed city inspectorate. Permanent members are responsible for preparing procedural documents and materials to report to the committee reviewing promotions to inspector ranks;

d) Other members are appointed by the Minister, the head of an agency equivalent to a ministry, or the Chairman of the People's Committee of a centrally governed province or city according to specific needs, representing relevant agencies and units;

3. The application dossier for the Board to consider rank transfer to inspector ranks includes:

a) A document assessing the work performance of the civil servant and the recommendation of the direct managing agency;

b) A report on the results of inspection work; Copies of certificates and diplomas certified by the competent authority or confirmed by the direct managing and using agency of the civil servant;

c) Curriculum vitae according to Model 2C-BNV/2008 (Decision No. 02/2008/QĐ-BNV dated October 6, 2008 of the Ministry of Home Affairs on the issuance of forms for managing cadre and civil servant files), confirmed by the directly managing and using agency;

4. The application dossier for appointment to the rank of inspector or senior inspector includes:

a) Personal dossier as prescribed in Clause 3 of this Article;

b) Minutes of the Rank Transfer Examination Board meeting;

c) The committee reviewing promotions to inspector ranks shall submit a proposal to the Minister, the head of an agency equivalent to a ministry, or the Chairman of the People's Committee of a centrally governed province or city to appoint to the inspector rank or senior inspector rank within their authority;

5. The application dossier for appointment to the rank of chief inspector includes:

a) Personal dossier as prescribed in Clause 3 of this Article;

b) Minutes of the Rank Transfer Examination Board meeting;

c) A document from the Board recommending appointment to the rank of chief inspector;

d) A letter from the Minister, Head of a ministry-level agency, or Chairman of the People's Committee of a province or centrally governed city recommending the Minister of Home Affairs to appoint within their authority.

6. The authority to appoint to inspector ranks shall be implemented in accordance with Article 11 of this Decree.

Article 13. Appointment to the Inspector Rank upon Passing the Higher Inspector Rank Examination

1. Civil servants holding the ranks of inspector or senior inspector who meet the conditions and criteria for higher inspector ranks and the conditions for upgrading ranks, may be sent by the Minister, the head of an agency equivalent to a ministry, or the Chairman of the People's Committee of a centrally governed province or city to take the upgrading examination; if successful in the upgrading examination, they will be appointed to the higher inspector rank, specifically as follows:

a) In the case of passing the examination to promote from Inspector to Senior Inspector, they will be considered and appointed to the Senior Inspector rank;

b) In the case of passing the examination to promote from Senior Inspector to Senior Inspector (High Level), they will be considered and appointed to the Senior Inspector (High Level) rank.

2. The authority to appoint to the rank of senior inspector or top inspector for inspectors or senior inspectors who pass the upgrading examination shall be implemented in accordance with the provisions of Article 11 of this Decree;

Article 14. Appointment of Military Officers and Public Security Officers to Inspector Ranks

1. People's Army officers and People's Public Security officers working in Defense Inspectorates and Public Security Inspectorates who meet the conditions and criteria for inspector ranks as stipulated in Clause 3, Article 5 of this Decree shall be considered for appointment to corresponding inspector ranks based on their qualifications, criteria, and job requirements;

2. The appointment review board for Military officers and Public Security officers to Inspector ranks shall be established by the Minister of National Defense and the Minister of Public Security.

The Appointing Council consists of five members and operates under the principle of collective decision-making by majority vote. The composition includes:

a) The Chair of the Board is a representative of the Ministry's leadership;

b) The Vice-Chair of the Board is the Head of the agency responsible for cadre work under the Ministry.

c) The permanent member of the Council is the Chief Inspector of the ministry. The permanent member is responsible for preparing the necessary procedures, files, and documents to report to the Council for the transfer to inspector ranks;

d) Other members are determined by the Minister, who may designate representatives from relevant agencies or units as required.

3. The authority to appoint and the procedures and documents for considering the appointment of People's Army officers and People's Public Security officers to inspector ranks shall be implemented in accordance with the provisions of Article 11, Clause 3, Article 12, Clause 4, Article 12, points a, b, and c, Clause 5, Article 12 of this Decree;

Article 15. Removal of Inspectors

1. Removal of Inspectors in any of the following cases:

a) Due to reassignment or rotation to another agency, organization, or unit that is not a state inspection agency;

b) When changing job positions and according to the regulations on cadres and civil servants must switch to another civil servant or public official rank to match the new job position;

c) Voluntarily requesting to stop working at state inspection agencies and having been approved by the competent authority;

d) Having a decision to terminate employment or being disciplined with termination of employment according to the law;

đ) Being deprived of the title of Public Security Officer or military rank of Military Officer;

e) Being convicted by a court judgment with legal effect;

g) For other reasons as prescribed by law.

2. The authority that appoints an Inspector rank has the authority to remove that Inspector rank.

3. The procedure for removing Inspectors is as follows:

a) The Head of the agency or unit directly managing proposes in writing;

b) The agency, unit, department, or person responsible for personnel organization work, according to the cadre management hierarchy, drafts the decision to remove from office and collects related documents, submitting them to the competent authority to issue the removal decision;

c) Announce the removal decision, recover the Inspector card and other equipment used for inspection work.

Section 3

Article CONDITIONS FOR ENSURING THE OPERATIONS OF INSPECTORS

Article 16. Inspector Uniforms

For sectors or fields requiring specific inspection uniforms or additional items such as peaked caps, badges, shoulder straps, rank insignia, the Minister, Head of a ministerial-level agency managing the sector or field shall coordinate with the Chief Inspector General to establish inspection uniforms for inspectors under inspection agencies within those sectors or fields.

2. The uniforms of inspectors who are officers of the People's Army and the People's Public Security shall be implemented according to the regulations of the Ministry of National Defense and the Ministry of Public Security.

3. Inspectors have the responsibility to manage and use inspection uniforms in accordance with the provisions of the law.

4. The Minister of Finance shall coordinate with the Chief Inspector General to specify the detailed provisions on the system of providing inspector uniforms for inspectors under state inspection agencies.

5. The Chief Inspector General shall specify the model of inspector uniforms, management and use of inspector uniforms for inspectors under state inspection agencies.

Article 17. Inspector Cards, Insignia, Badges

1. Inspectors shall be issued inspector cards by the Chief Inspector General for use when performing inspection tasks.

Inspection cards shall be issued following the decision on appointment to the inspector position.

Inspection cards must be recovered when inspectors retire or are relieved of their inspector duties.

The Chief Inspector General shall specify the model of inspector cards, issuance procedures, and management and use systems for inspector cards.

2. Insignia, Badges:

a) The insignia and badges of inspectors who are civil servants shall be uniformly applied as specified by the Chief Inspector General;

b) The insignia and badges of inspectors who are officers of the People's Army and the People's Public Security shall be implemented according to the regulations of the Ministry of National Defense and the Ministry of Public Security.

3. Inspectors are responsible for preserving and using inspection cards, emblems, and insignias while performing their duties. It is strictly prohibited to use inspection cards, emblems, and emblems for personal purposes. If inspectors misuse these items to commit unlawful acts, they will be subject to disciplinary action or criminal prosecution depending on the nature and severity of the violation.

Article 18. Budget for Making and Providing Inspector Uniforms, Inspector Cards, Insignia, and Badges

1. The budget for making and providing inspector uniforms, insignia, and badges for inspectors under state inspection agencies at which level shall be guaranteed by the state budget at that level.

2. The budget for making inspector cards shall be managed and implemented by the State Inspectorate.

3. Annually, state inspection agencies shall base their budget estimates for inspection uniforms, emblems, and emblems on the number of items reaching their service life according to regulations, submit these estimates to the financial authorities at the same level for consolidation and submission to the competent authority for approval, and allocate funds for the production and procurement of inspection uniforms, emblems, and emblems, which will be included in the annual budget estimate.

The budget for making inspector cards to provide to inspectors in state inspection agencies shall be prepared by the State Inspectorate in accordance with the regulations.

The budget for making and providing inspector uniforms, making inspector cards, insignia, and badges shall be allocated outside the administrative expense quota based on staffing.

Article 19. Regulations and policies for inspectors

Inspectors, who are civil servants, enjoy benefits as stipulated in the Law on Civil Servants, including salaries, seniority allowances, responsibility allowances according to the profession of inspection, and other special systems and policies as prescribed by law.

2. Inspectors who are officers in the People's Army or the People's Public Security Forces shall enjoy the benefits prescribed for armed forces and responsibility allowances according to their inspection profession.

Article 20. Training and professional development for inspectors

The Inspector General shall specify the content, program, method, and organization of training and upgrading for inspector positions; take the lead in coordinating with ministries, ministerial-level agencies, provincial People's Committees under the central government to organize inspection business training and upgrading.

Chapter III

INSPECTOR ASSISTANTS

Article 21. Inspector assistants

Inspector assistants are individuals recruited by state inspection agencies to participate in inspection teams. Inspector assistants are not part of the staffing of state inspection agencies.

Article 22. Qualifications for inspector assistants

Inspection associates are civil servants or public officials with good moral character, sense of responsibility, integrity, honesty, fairness, objectivity, and expertise suitable for the inspection requirements and tasks of the calling agency.

Article 23. Recruitment of inspector assistants

1. The head of a state inspection agency has the authority to recruit inspector assistants.

2. The recruitment of inspection associates must be carried out in writing. The content of the recruitment document for inspection associates must clearly state the basis for recruitment, the recruited individuals, the recruitment period, workplace, and incentive policies.

Before recruiting an inspector assistant, the head of the state inspection agency must reach an agreement with the direct management agency of the person to be recruited.

3. Upon completion of the recruitment period, the recruiting agency shall issue a written evaluation of the performance of the inspector assistant and send it to the head of the direct management agency of the person recruited.

Article 24. Duties and powers of inspector assistants

When participating in an inspection team, inspector assistants have duties and powers as members of the inspection team as prescribed in Articles 47 and 54 of the Inspection Law.

Article 25. Regulations and policies for inspector assistants

1. During participation in an inspection team, inspector assistants are entitled to the following benefits:

a) The direct management agency pays salary and allowances (if applicable);

b) The recruiting agency covers travel expenses, ensures working conditions and means, and provides other benefits equivalent to those of inspection team members.

In cases where the recruiting agency does not directly manage the funding for payment, the superior financial management agency of the recruiting agency shall pay travel expenses for inspection associates based on the request of the recruiting agency.

2. The Minister, Head of a ministerial-level agency shall provide detailed guidelines on the standards for inspection associates and incentive policies for inspection associates that suit the characteristics of the inspection activities managed by the ministry or sector.

Article 26. Budget for Summoning Inspection Collaborators

1. The budget for summoning inspection collaborators at which level of state inspection agency shall be guaranteed by the state budget at that level.

2. Annually, state inspection agencies shall prepare budget estimates for the recruitment of inspection associates and submit them to the financial authorities at the same level. The financial authorities at the same level shall be responsible for consolidating and submitting these estimates to the competent authority for approval.

The budget for summoning inspection collaborators shall be provided outside the administrative expense quota according to the staffing plan.

Chapter IV

IMPLEMENTING PROVISIONS

Article 27. Awards and Handling of Violations

1. Inspectors and inspection collaborators who achieve outstanding results in performing their tasks shall be rewarded in accordance with the provisions of the law.

Inspectors who achieve excellent results in performing their duties and public service tasks shall be considered for promotion to a higher rank or salary grade ahead of schedule in accordance with the provisions of the law.

2. Inspectors and inspection associates who violate the law shall be subject to disciplinary action or criminal prosecution depending on the nature and severity of the violation. If damage is caused, compensation shall be made according to the provisions of the law.

Article 28. Application of the Decree to Other Subjects

Officials, civil servants, and employees of state inspection agencies shall be subject to the provisions of this Decree regarding the provision of uniforms similar to those for inspectors (except for peaked caps, badges, epaulettes, and insignia).

Article 29. Effective Date

This Decree shall take effect from December 15, 2011, and replace Decree No. 100/2007/NĐ-CP dated June 13, 2007, of the Government on Inspectors and Inspection Collaborators.

Article 30. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under the central government, Heads of agencies and units, and related individuals are responsible for implementing this Decree./.