DECREE NO. 99/2005/ND-CP PROVIDES DETAILED REGULATIONS ON THE ORGANIZATION AND OPERATIONS OF THE CITIZEN INSPECTION BOARD IN VILLAGES, WARD, TOWNHOODS, STATE ADMINISTRATIVE AGENCIES, PUBLIC SERVICE UNITS, AND STATE ENTERPRISES. THE CITIZEN INSPECTION BOARD HAS THE TASK OF MONITORING THE IMPLEMENTATION OF POLICIES AND LAWS, HANDLING COMPLAINTS AND PETITIONS, STRUGGLING AGAINST CORRUPTION, AND PROTECTING LEGAL RIGHTS OF CITIZENS AND ORGANIZATIONS.
적용 범위
THE CITIZEN INSPECTION BOARD IN VILLAGES, WARD, TOWNHOODS; STATE ADMINISTRATIVE AGENCIES, PUBLIC SERVICE UNITS, STATE ENTERPRISES; PEOPLE'S COMMITTEE OF THE VILLAGE, WARD, TOWNHOOD; UNION OF VIETNAMESE FRONT FOR FATHERLAND AT THE VILLAGE, WARD, TOWNHOOD LEVEL; LOCAL TRADE UNION COMMITTEE.
핵심 사항
- THE CITIZEN INSPECTION BOARD IN VILLAGES, WARD, TOWNHOODS IS ESTABLISHED AND HAS A TWO-YEAR TERM, COMPRISING FROM 5 TO 11 MEMBERS. MEMBERS CANNOT BE THE HEAD OF THE AGENCY OR UNIT.
- STATE ADMINISTRATIVE AGENCIES, PUBLIC SERVICE UNITS, STATE ENTERPRISES MUST ESTABLISH THE CITIZEN INSPECTION BOARD WITH A NUMBER OF MEMBERS FROM 3 TO 9, HAVING A TWO-YEAR TERM.
- THE CITIZEN INSPECTION BOARD HAS THE RIGHT TO MONITOR THE IMPLEMENTATION OF POLICIES AND LAWS AND HANDLING COMPLAINTS AND PETITIONS. WHEN VIOLATIONS ARE DISCOVERED, THEY CAN RECOMMEND AUTHORITIES WITH JURISDICTION TO HANDLE THEM.
- STATE ADMINISTRATIVE AGENCIES, PUBLIC SERVICE UNITS, STATE ENTERPRISES MUST CREATE CONDITIONS FOR THE CITIZEN INSPECTION BOARD TO OPERATE.
- THE CITIZEN INSPECTION BOARD MAY BE AWARDED OR SUBJECT TO VIOLATION HANDLING ACCORDING TO THE PROVISIONS OF THE LAW.
🌐 이 문서의 사회적 영향
- ESTABLISH AN EFFECTIVE SUPERVISORY MECHANISM TO CONTRIBUTE TO COMBATING CORRUPTION AND PROTECTING LEGAL RIGHTS OF CITIZENS.
- REDUCE FINANCIAL BURDENS FOR LOCAL LEVELS BY BALANCING OPERATING FUNDS FROM THE STATE BUDGET.
- STATE ENTERPRISES HAVE THE RESPONSIBILITY TO CREATE FAVORABLE CONDITIONS FOR THE CITIZEN INSPECTION BOARD TO OPERATE, HELPING TO ENHANCE MANAGEMENT EFFICIENCY.
- STRENGTHEN THE PARTICIPATION OF CITIZENS IN SUPERVISING AGENCIES AND ORGANIZATIONS, CONTRIBUTING TO ENHANCING THE ROLE OF THE UNION OF VIETNAMESE FRONT FOR FATHERLAND AND TRADE UNION.
- PROVISIONS REGARDING VIOLATION HANDLING MAY CREATE PRESSURE FOR INDIVIDUALS AND ORGANIZATIONS TO COMPLY WITH THE LAW.
❓ 자주 묻는 질문
WHERE IS THE CITIZEN INSPECTION BOARD ESTABLISHED?
THE CITIZEN INSPECTION BOARD IS ESTABLISHED IN VILLAGES, WARD, TOWNHOODS, STATE ADMINISTRATIVE AGENCIES, PUBLIC SERVICE UNITS, AND STATE ENTERPRISES.
WHO CANNOT BE A MEMBER OF THE CITIZEN INSPECTION BOARD?
MEMBERS OF THE CITIZEN INSPECTION BOARD CANNOT BE THE HEAD OF THE AGENCY OR UNIT.
WHAT IS THE TERM OF THE CITIZEN INSPECTION BOARD?
THE TERM OF THE CITIZEN INSPECTION BOARD IN VILLAGES, WARD, TOWNHOODS IS TWO YEARS. THE SAME APPLIES TO STATE ADMINISTRATIVE AGENCIES, PUBLIC SERVICE UNITS, AND STATE ENTERPRISES.
WHAT DOES THE CITIZEN INSPECTION BOARD HAVE THE RIGHT TO MONITOR?
THE CITIZEN INSPECTION BOARD HAS THE RIGHT TO MONITOR THE IMPLEMENTATION OF POLICIES AND LAWS AND HANDLING COMPLAINTS AND PETITIONS. WHEN VIOLATIONS ARE DISCOVERED, THEY CAN RECOMMEND AUTHORITIES WITH JURISDICTION TO HANDLE THEM.
ARE THERE ANY PROVISIONS FOR AWARDS FOR THE CITIZEN INSPECTION BOARD?
MEMBERS AND COLLECTIVES OF THE CITIZEN INSPECTION BOARD WITH OUTSTANDING PERFORMANCE IN PERFORMING THEIR TASKS SHALL BE AWARDED ACCORDING TO THE PROVISIONS OF THE LAW.
전문
DECREE
Regulations detailing and guiding the implementation of the Inspection Law
concerning the organization and operation of the People's Inspectorate
THE GOVERNMENT
Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Inspection Law dated June 15, 2004;
At the proposal of the General Inspector, after reaching consensus with the Standing Committee of the Vietnam Fatherland Front Central Committee and the Executive Committee of the Vietnam General Confederation of Labor,
DECREE:
PART I
GENERAL PROVISIONS
Article 1. Scope of application
This Decree details and guides the implementation of certain provisions of the Inspection Law regarding the organization and operation of the People's Inspectorate at communes, wards, towns, state agencies, public service units, and state-owned enterprises.
Article 2. The role of the People's Inspectorate
The People's Inspectorate is established at communes, wards, towns, state agencies, public service units, and state-owned enterprises to supervise the implementation of policies and laws, the handling of complaints and denunciations, the implementation of democratic regulations at the grassroots level, contributing to promoting democracy, combating corruption and negative practices, and protecting the rights and legitimate interests of citizens, agencies, and organizations.
Article 3. Standards and conditions for members of the People's Inspectorate
Members of the People's Inspectorate must be honest, impartial, reputable, have a certain understanding of policies and laws, and voluntarily join the People's Inspectorate.
Members of the People's Inspectorate in state agencies, public service units, and state-owned enterprises must be regular employees of these entities and cannot be their heads.
Members of the People's Inspectorate at communes, wards, and towns must reside in these areas and cannot concurrently hold positions in the People's Councils, People's Committees at the commune, ward, and town levels, nor can they be Village Chiefs, Deputy Village Chiefs, Ward Chiefs, Deputy Ward Chiefs, or individuals performing equivalent roles.
Article 4. Principles of operation of the People's Inspectorate
The People's Inspectorate operates based on principles of objectivity, transparency, democracy, and promptness; it works in a collective system and decides by majority rule.
Article 5. Prohibited acts
1. Strictly prohibit all acts of threatening, retaliating against, or persecuting members of the People's Inspectorate.
2. Strictly prohibit all acts of misusing the duties and powers of the People's Inspectorate to incite, entice, or coerce others to file false complaints or denunciations and to commit illegal acts.
PART II
ORGANIZATION AND OPERATIONS OF THE PEOPLE'S INSPECTORATE
AT COMMUNES, WARDS, TOWNS
PART 1
ORGANIZATION, TASKS, POWERS OF
THE PEOPLE'S INSPECTORATE AT COMMUNES, WARDS, TOWNS
Article 6. Organization of the People's Inspectorate
1. The organization of the People's Inspectorate at communes, wards, and towns shall be carried out in accordance with Article 60 of the Inspection Law.
The People's Inspectorate has a Head, Deputy Head, and other members. The Head is responsible for all activities of the People's Inspectorate. The Deputy Head assists the Head in carrying out tasks. Other members perform tasks assigned by the Head.
The term of office of the People's Inspectorate at communes, wards, and towns is two years.
2. Members of the People's Inspectorate at communes, wards, and towns are elected by the People's Meeting or the People's Representative Meeting at villages, hamlets, villages, or residential groups.
The People's Meeting is the meeting of voters; the People's Representative Meeting is the meeting of representatives from households.
Article 7. Number of members of the People's Inspectorate
The People's Inspectorate at communes, wards, and towns consists of between five and eleven members. For communes, wards, and towns in plains with fewer than five thousand people, five or seven members may be elected; from five thousand to less than nine thousand people, seven or nine members may be elected; and nine thousand people or more, nine or eleven members may be elected.
For communes, wards, and towns in mountainous, midland, and island regions, each village, hamlet, village, or residential group elects one member, but the total number of members of the People's Inspectorate shall not exceed eleven.
Based on the population size, the Standing Committee of the Vietnam Fatherland Front at the commune, ward, or town level determines the number of members of the People's Inspectorate at the commune, ward, or town level.
Article 8. Election of members of the People's Inspectorate
1. Based on the number of members of the People's Inspectorate at communes, wards, and towns, the Standing Committee of the Vietnam Fatherland Front at the commune, ward, or town level determines the number of members of the People's Inspectorate that each village, hamlet, village, or residential group can elect.
2. The Head of the Mass Mobilization Team chairs and coordinates with the Village Chief or Residential Group Chief to organize the Voters' Meeting or Household Representatives' Meeting at the village, hamlet, village, or residential group level to elect members of the People's Inspectorate.
3. Members of the People's Inspectorate are elected through nominations by the Mass Mobilization Team and proposals by meeting delegates. Members of the People's Inspectorate are elected by raising hands or secret ballot as decided by the meeting.
4. The Voters' Meeting or Household Representatives' Meeting is held when more than half of the invited delegates are present. The person elected must receive more than half of the delegates' trust.
The Head of the Mass Mobilization Team is responsible for reporting the election results to the Standing Committee of the Vietnam Fatherland Front at the commune, ward, or town level.
Article 9. Recognition of the People's Inspectorate
Within no more than five days from the completion of the election of members of the People's Inspectorate, the Standing Committee of the Vietnam Fatherland Front at the commune, ward, or town level convenes a meeting with the members of the People's Inspectorate to elect the Head and Deputy Head, and submits a resolution to the People's Council at the same level to recognize the People's Inspectorate and inform the People's Council and People's Committee at the same level in the nearest session and notify the local residents.
Article 10. Removal, dismissal of members of the People's Inspectorate and election of replacement members
1. During the term of office, if a member of the People's Inspectorate fails to fulfill their duties, violates the law, or loses the trust of the people, the Vietnam Fatherland Front at the commune, ward, or town level may propose to the Voters' Meeting or Household Representatives' Meeting that elected them to remove them and elect another person to replace them.
2. In case of health reasons, family circumstances, or other reasons, if a member of the People's Inspectorate Board submits a resignation request to withdraw from the People's Inspectorate Board, the Standing Board of the Vietnam Fatherland Front Committee at the commune, ward, town level shall submit the matter for consideration and decision on removal from office at the same-level Vietnam Fatherland Front Committee meeting.
3. The election of members of the People's Inspectorate Board to replace those who have been dismissed or removed from office as stipulated in Clause 1 and Clause 2 of this Article shall be carried out in accordance with Article 8 of this Decree.
Article 11. Duties and powers of the People's Inspectorate Board
1. Supervise state agencies, organizations, and individuals responsible for implementing policies and laws at the commune, ward, town level; handling complaints and denunciations; implementing democratic regulations at the grassroots level. When signs of law violations are detected, they shall recommend competent authorities to handle them according to the law and supervise the implementation of such recommendations.
2. When necessary, the Chairman of the People's Committee at the commune, ward, town level may assign them to verify specific cases.
3. When necessary, competent state agencies may invite representatives of the People's Inspectorate Board to participate in inspections and audits at the commune, ward, town level; the People's Inspectorate Board shall be responsible for providing information and materials when requested.
4. Recommend the Chairman of the People's Committee at the commune, ward, town level to address weaknesses and shortcomings discovered through supervision; ensure citizens' rights and legitimate interests; commend and reward collectives and individuals with outstanding achievements in their work; handle violations within their authority.
5. Recommend the Vietnam Fatherland Front Committee at the commune, ward, town level to organize forms of encouragement for the people to detect violations; receive and process citizens' recommendations and reflections.
6. Be invited to attend meetings of the People's Council and People's Committee at the commune, ward, town level where the content relates to the supervisory and verification tasks of the People's Inspectorate Board.
7. Attend meetings of the Vietnam Fatherland Front Committee at the commune, ward, town level where the content relates to the organization and activities of the People's Inspectorate Board.
8. Perform other duties and powers as prescribed by law.
PART 2
ACTIVITIES OF THE PEOPLE'S INSPECTORATE BOARD
AT COMMUNES, WARDS, TOWNS
Article 12. Develop the program and plan of activities of the People's Inspectorate Board
1. Annually, based on the resolutions of the People's Council, action programs, and directives of the Vietnam Fatherland Front Committee at the commune, ward, town level, the People's Inspectorate Board shall develop its orientation and content of activities.
2. The orientation and content of the activity plan of the People's Inspectorate Board must be reported to the Vietnam Fatherland Front Committee at the commune, ward, town level.
Article 13. Scope of supervision of the People's Inspectorate Board
1. Activities of the People's Council and People's Committee at the commune, ward, town level.
2. Implementation of resolutions of the People's Council, decisions, and directives of the People's Committee at the commune, ward, town level.
3. Activities and moral conduct of the Chairperson, Vice-Chairpersons of the People's Council, Chairperson, Vice-Chairpersons of the People's Committee, members of the People's Committee, civil servants working at the commune, ward, town level, Village Chiefs, Deputy Village Chiefs, Heads, and Deputy Heads of residential groups, and persons holding equivalent positions.
4. Handling of complaints and denunciations at the commune, ward, town level.
a) Receiving citizens by the Chairman of the People's Committee at the commune, ward, town level;
b) Receiving and processing complaints and denunciations submitted to the Chairman of the People's Committee at the commune, ward, town level;
c) Resolving complaints and denunciations within the authority of the Chairman of the People's Committee at the commune, ward, town level;
d) Implementing decisions resolving complaints and decisions dealing with denunciations that have legal effect at the commune, ward, town level.
5. Revenue and expenditure of the budget, settlement of the budget, financial transparency at the commune, ward, town level.
6. Implementation of investment projects and construction works funded by the people, the State, organizations, and individuals for the commune, ward, town level.
7. Construction projects implemented in the commune, ward, town area directly affecting production, security, public order, cultural-social life, environmental hygiene, and the livelihood of the people.
8. Management of construction order, management of collective housing areas, residential areas, and land management and use at the commune, ward, town level.
9. Collection and expenditure of various funds and fees as prescribed by the State, contributions of the people at the commune, ward, town level.
10. Implementation of conclusions and decisions on inspection and audit by competent state agencies, handling of corruption cases related to commune, ward, town level officials.
11. Implementation of preferential policies, care, and assistance for war invalids, families of martyrs, those and their families who have contributed to the country, social insurance, and social assistance policies in the commune, ward, town area.
12. Other matters as prescribed by law.
Article 14. Methods of exercising supervisory power of the People's Inspectorate Board
1. Receive citizens' feedback, directly collect information and materials to examine and monitor state agencies, organizations, and individuals responsible for implementing matters within the scope of supervision of the People's Inspectorate Board at the commune, ward, town level.
2. Detect illegal acts of state agencies, organizations, and individuals at the commune, ward, town level.
3. Directly recommend or through the Standing Board of the Vietnam Fatherland Front Committee at the commune, ward, town level, recommend to the Chairman of the People's Council, Chairman of the People's Committee at the commune, ward, town level, or competent agencies and organizations to consider and resolve issues related to the content of supervision of the People's Inspectorate Board and supervise the resolution of such recommendations.
Article 15. Supervision activities of the People's Inspectorate Board
1. During the supervision process, the People's Inspectorate Board has the right to request the Chairman of the People's Council, Chairman of the People's Committee at the commune, ward, town level to provide relevant information and materials for supervision.
2. In case of discovering agencies, organizations, or individuals responsible at commune, ward, town level infringing upon the people's ownership rights and showing signs of corruption, waste, misuse of state assets, budget, and contributions from the people; implementing programs, projects, land management and usage contrary to legal provisions and other illegal acts within the scope of supervision of the People's Inspectorate, the People's Inspectorate shall propose the Chairman of the People's Council or the Chairman of the People's Committee at commune, ward, town level or other competent agencies, organizations, or individuals to examine and resolve the issue, while reporting to the Vietnam Fatherland Front Committee at commune, ward, town level.
3. Within fifteen days from the date of receipt of the proposal, the responsible agencies, organizations, or individuals must examine and resolve the matter and notify the results to the People's Inspectorate. If the proposal is not examined and resolved or implemented inadequately, the People's Inspectorate has the right to propose the Chairman of the People's Council or the Chairman of the People's Committee at district, city ward, town level or other competent agencies, organizations, or individuals to examine and resolve the issue.
Article 16. Activities of verification by the People's Inspectorate
1. When assigned by the Chairman of the People's Committee at commune, ward, town level to verify specific cases, the People's Inspectorate shall fulfill its responsibilities according to the content, time frame, scope, and tasks assigned.
2. During the verification process, the People's Inspectorate has the right to request organizations and individuals related to provide necessary information and documents for verification purposes; examine to clarify the matters under verification; the verification shall be recorded in a report.
Upon completion of verification, the People's Inspectorate reports to the Chairman of the People's Committee at commune, ward, town level on the verification results; simultaneously proposing measures for handling.
3. In case of discovering violations of laws causing damage to national interests, legitimate rights and interests of organizations and citizens that need immediate handling, a report shall be made and proposed to the Chairman of the People's Council or the Chairman of the People's Committee at commune, ward, town level or other competent agencies, organizations, or individuals to resolve, while supervising the implementation of the proposal.
4. Within fifteen days from the date of receipt of the proposal, the head of the competent agency or organization must examine and resolve the matter and notify the results to the People's Inspectorate. If the proposal is not implemented or implemented inadequately, the People's Inspectorate has the right to propose the Chairman of the People's Council or the Chairman of the People's Committee at district, city ward, town level to examine and resolve the issue.
Article 17. Working procedures of the People's Inspectorate
The People's Inspectorate convenes regular meetings once every quarter to review work in the quarter and plan work for the next quarter; extraordinary meetings may be convened if necessary.
The People's Inspectorate implements a quarterly reporting system before the Vietnam Fatherland Front Committee meeting at commune, ward, town level; conducts mid-year reviews every six months; annually summarizes activities and reports before the Vietnam Fatherland Front Committee meeting at commune, ward, town level.
PART 3
RESPONSIBILITIES OF THE VIETNAM FATHERLAND FRONT COMMITTEE, PEOPLE'S COMMITTEES AT COMMUNE, WARD, TOWN LEVEL, AND PROVINCE INSPECTORS
Article 18. Responsibilities of the Vietnam Fatherland Front Committee at commune, ward, town level
1. Implementing tasks as stipulated in Article 63 of the Inspection Law.
2. Organizing training and capacity building for members of the People's Inspectorate either independently or in collaboration with relevant agencies and organizations. Leading the coordination among member organizations of the Front to support the activities of the People's Inspectorate.
3. Budgeting and finalizing annual operating expenses of the People's Inspectorate in accordance with legal regulations.
4. Promptly examining and resolving proposals from the People's Inspectorate.
5. Inviting representatives of the People's Inspectorate to attend meetings of the Vietnam Fatherland Front Committee at commune, ward, town level when the agenda relates to the activities of the People's Inspectorate.
Article 19. Responsibilities of the People's Committees at commune, ward, town level
1. Implementing tasks as stipulated in Article 62 of the Inspection Law.
2. Promptly examining and resolving proposals from the People's Inspectorate. In cases where the content of the proposal exceeds authority, report to the People's Committee at district, city ward, town level or other competent state agencies for examination and resolution, and inform the People's Inspectorate.
3. Handling according to authority those who obstruct the activities of the People's Inspectorate, retaliate against, or oppress members of the People's Inspectorate.
4. Inviting representatives of the People's Inspectorate to attend meetings of the People's Committee when the agenda relates to the supervisory tasks of the People's Inspectorate.
5. Providing operating funds for the People's Inspectorate based on decisions of competent state agencies and creating favorable conditions for the People's Inspectorate to operate.
Article 20. Responsibilities of Provincial Inspectors
Provincial Inspectors have the responsibility to coordinate with the Vietnam Fatherland Front Committee at the same level to guide the operations of the People's Inspectorates at commune, ward, town level.
Article 21. Operating Funds and Financial System of the People's Inspectorate
1. Operating funds for the People's Inspectorate are provided by the People's Committee at province level, which balances the budget for the commune level and provides it to the People's Inspectorate for operation.
2. Operating funds for the People's Inspectorate are used for organizing meetings, compensating responsibilities for members, and other activities.
3. The Ministry of Finance coordinates with the Standing Committee of the Central Vietnam Fatherland Front Committee to guide the operating funds for the People's Inspectorates at commune, ward, town level.
CHAPTER III
ORGANIZATION AND OPERATIONS OF THE PEOPLE'S INSPECTORATE
IN STATE AGENCIES, PUBLIC INSTITUTIONS,
STATE ENTERPRISES
PART 1
ORGANIZATION, TASKS, LIMITATIONS OF THE PEOPLE'S INSPECTORATE IN STATE AGENCIES, PUBLIC INSTITUTIONS, STATE ENTERPRISES
Article 22. Organization of the People's Inspectorate
1. The organizational structure of the People's Inspectorate in state agencies, public institutions, and state enterprises is implemented according to the provisions of Article 64 of the Inspection Law.
The People's Inspectorate has a Head, Deputy Heads, and other members. The Head is responsible for all activities of the People's Inspectorate. The Deputy Heads assist the Head in performing tasks. Other members of the People's Inspectorate perform their duties as assigned by the Head.
The term of office of the People's Inspectorate at state agencies, public service units, and state-owned enterprises is two years.
2. The People's Inspectorate at state agencies, public service units, and state-owned enterprises shall be elected by the Workers' and Staff Congress or the Congress of Workers' and Staff Representatives.
In state agencies, the Workers' and Staff Congress or the Congress of Workers' and Staff Representatives is the Congress of Officials and Staff or the Congress of Officials and Staff Representatives. In public service units and state-owned enterprises, it is the Workers' and Staff Congress or the Congress of Workers' and Staff Representatives (hereinafter referred to collectively as the Workers' and Staff Congress or the Congress of Workers' and Staff Representatives).
3. The People's Inspectorate shall be established at state agencies, public service units, and state-owned enterprises that have a grassroots trade union organization.
4. The People's Inspectorate shall be established at state-owned enterprises organized in the following forms: State Corporations, independent state companies, independent accounting member companies of companies decided to invest by the State according to the Law on State-Owned Enterprises, limited liability companies with one or more shareholders, joint-stock companies where the subscribed capital is owned by the State, political organizations, or political-social organizations.
Article 23. Number of members of the People's Inspectorate
The People's Inspectorate at state agencies, public service units, and state-owned enterprises consists of 3, 5, 7, or 9 members. Based on the number of officials, workers, and staff, the Grassroots Trade Union Committee proposes the number of members of the People's Inspectorate, which is decided by the Workers' and Staff Congress or the Congress of Workers' and Staff Representatives.
In cases where state agencies, public service units, or state-owned enterprises have special characteristics or scattered production and business operations, the Grassroots Trade Union Committee decides on the appropriate number of members of the People's Inspectorate to ensure effective operation.
A People's Inspectorate with more than five members shall elect one Deputy Head.
Article 24. Election of members of the People's Inspectorate
1. Based on the criteria and the number of members of the People's Inspectorate at state agencies, public service units, and state-owned enterprises, the Grassroots Trade Union Committee introduces a list of candidates and a list of persons nominated by officials, workers, and staff to organize the election of the People's Inspectorate.
2. The election of members of the People's Inspectorate by the Workers' and Staff Congress or the Congress of Workers' and Staff Representatives shall be conducted by secret ballot and must ensure the presence of more than 50% of the delegates summoned. The person elected as a member of the People's Inspectorate must receive the trust of more than 50% of the delegates attending the Congress.
Article 25. Recognition of the People's Inspectorate
Within five days from the date of completing the election of members of the People's Inspectorate, the Grassroots Trade Union Committee organizes a meeting with the members of the People's Inspectorate to elect the Head and Deputy Heads; issues a document recognizing the People's Inspectorate and notifies the officials, workers, and staff in state agencies, public service units, and state-owned enterprises.
Article 26. Removal, dismissal of members of the People's Inspectorate and election of replacement members
1. During the term of office, if a member of the People's Inspectorate fails to fulfill their duties, violates the law, or loses trust, the Grassroots Trade Union Committee shall convene a meeting to remove that member and elect another person to replace them. The removal and replacement shall be carried out at the annual or biennial Workers' and Staff Congress or the Congress of Workers' and Staff Representatives at the level of State Corporation.
2. If a member of the People's Inspectorate resigns due to health reasons, family circumstances, or other reasons, the Grassroots Trade Union Committee shall consider and decide on their dismissal.
3. The election of members of the People's Inspectorate to replace those who have been removed or dismissed as provided for in Clause 1 and Clause 2 of this Article shall be implemented in accordance with Article 24 of this Decree.
Article 27. Duties and powers of the People's Inspectorate Board
1. Supervise state agencies, organizations, and individuals responsible for state agencies, public service units, and state-owned enterprises in accordance with Article 29 of this Decree. When signs of violation of the law are detected, they shall recommend the competent authority to handle the matter in accordance with the law and monitor the implementation of such recommendations.
2. When necessary, the head of the state agency, public service unit, or state-owned enterprise may assign them to verify specific cases.
3. When necessary, competent state agencies may invite representatives of the People's Inspectorate to participate in inspections and audits at state agencies, public service units, and state-owned enterprises; the People's Inspectorate shall be responsible for sending personnel to participate, providing relevant information and documents when requested.
4. Recommend the head of the state agency, public service unit, or state-owned enterprise to address weaknesses and deficiencies discovered through supervision; impose disciplinary actions against groups or individuals who violate the law; measures to ensure the rights and legitimate interests of officials, workers, and staff; commendation for groups and individuals with outstanding achievements in work.
5. Recommend the Grassroots Trade Union Committee to adopt forms of praise, encouragement, and motivation for officials, workers, and staff who have made achievements in detecting violations of the law; accept and process complaints and reports from workers, staff, and employees.
6. Representatives of the People's Inspectorate may be invited to attend meetings of state agencies, public service units, and state-owned enterprises related to the supervisory tasks of the People's Inspectorate.
7. Attend meetings of the Grassroots Trade Union Committee related to the organization and activities of the People's Inspectorate.
PART 2
ACTIVITIES OF THE PEOPLE'S INSPECTORATE AT STATE AGENCIES, PUBLIC SERVICE UNITS, AND STATE-OWNED ENTERPRISES
Article 28. Develop the program and plan of activities of the People's Inspectorate Board
1. Annually, the People's Inspectorate Team bases on the Resolution of the Workers' and Employees' Congress in state administrative agencies, public service units, and state-owned enterprises and the guidance of the Trade Union Committee at the grassroots level to develop their work programs and plans.
2. The work programs and plans of the People's Inspectorate Team must be approved by the Trade Union Committee at the grassroots level.
Article 29. Scope of supervision of the People's Inspectorate Board
1. The scope of supervision of the People's Inspectorate Team in state administrative agencies and public service units:
a) Implementing the policies and laws of the Party and the State, annual tasks of the agency or unit;
b) Using operating funds from the state budget, using various funds, complying with financial management systems, asset management, and internal financial audit work of the agency or unit;
c) Implementing internal regulations and rules of the agency or unit;
d) Implementing policies and benefits for cadres, workers, and employees according to the provisions of the law;
đ) Receiving citizens, accepting and handling complaints and denunciations; resolving complaints and denunciations within the authority of the head of the state administrative agency or public service unit; enforcing decisions on resolving complaints and decisions on handling denunciations that have become legally effective at the state administrative agency or public service unit;
e) Implementing conclusions and decisions on handling inspections and audits by competent state agencies; handling cases of corruption and waste in the agency or unit;
g) Other matters as prescribed by law.
2. The scope of supervision of the People's Inspectorate Team in state-owned enterprises:
a) Implementing tasks and production and business targets of the enterprise; implementing policies and benefits for workers, employees, and laborers according to the provisions of the law;
b) Implementing the Resolution of the Workers' and Employees' Congress;
c) Implementing internal regulations and rules of the enterprise;
d) Implementing collective labor agreements;
đ) Implementing labor contracts;
e) Implementing state policies and obligations of the enterprise to the State, the use of post-tax funds;
g) Resolving labor disputes;
h) Receiving citizens, accepting and handling complaints and denunciations; resolving complaints and denunciations within the authority of the head of the state-owned enterprise; enforcing decisions on resolving complaints and decisions on handling denunciations that have become legally effective at the state-owned enterprise;
i) Implementing conclusions and decisions on handling inspections and audits by competent state agencies: handling cases of corruption and waste in the enterprise;
k) Other matters as prescribed by law.
Article 30. Methods of exercising supervisory power of the People's Inspectorate Board
1. Receiving opinions and reflections of cadres, workers, and employees, collecting information and documents to examine and monitor responsible agencies, organizations, and individuals in state administrative agencies, public service units, and state-owned enterprises in performing matters within the scope of supervision of the People's Inspectorate Team.
2. Identifying illegal acts of agencies, organizations, and individuals in state administrative agencies, public service units, and state-owned enterprises.
3. Making direct recommendations or through the Trade Union Committee at the grassroots level to recommend to state administrative agencies, public service units, and state-owned enterprises regarding issues directly related to the content within the scope of supervision of the People's Inspectorate Team.
Article 31. Supervision activities of the People's Inspectorate Board
1. During the process of supervision, the People's Inspectorate Team has the right to request the heads of state administrative agencies, public service units, and state-owned enterprises to provide relevant information and documents related to supervision.
2. In cases where violations of the rights and legitimate interests of cadres, workers, and employees are discovered, there are signs of corruption and waste, improper use of budget revenues and contributions, welfare funds of cadres, workers, and employees, and other violations within the scope of supervision of the People's Inspectorate Team, they shall make recommendations to the heads of state administrative agencies, public service units, and state-owned enterprises or competent authorities to consider and resolve, while reporting to the Trade Union Committee at the grassroots level.
3. Within fifteen days from the date of receipt of the recommendation, the heads of state administrative agencies, public service units, and state-owned enterprises or competent authorities must consider and resolve and notify the results of resolution to the People's Inspectorate Team. If the recommendation is not considered, resolved, or fully implemented, the People's Inspectorate Team has the right to recommend higher-level agencies, organizations, or units directly above the heads of state administrative agencies, public service units, and state-owned enterprises to consider and resolve.
Article 32. Activities of verification by the People's Inspectorate
1. When assigned the task of verification by the head of the state administrative agency, public service unit, or state-owned enterprise, the People's Inspectorate Team has the responsibility to implement the content, time frame, and scope of the assigned task accurately.
2. During the verification process, the People's Inspectorate Team has the right to require organizations and individuals involved to provide necessary information and documents to serve the verification and examination to clarify the matter being verified.
Upon completion of the verification, the People's Inspectorate Team reports to the head of the state administrative agency, public service unit, or state-owned enterprise about the results of the verification; simultaneously recommending measures for resolution.
3. During the verification process, if violations of the law causing damage to the interests of the State, the rights, and legitimate interests of cadres, workers, and employees are discovered and need immediate action, a record should be made and recommendations made to the head of the state administrative agency, public service unit, or state-owned enterprise or competent authority to resolve, while monitoring the implementation of these recommendations.
4. Within fifteen days from the date of receipt of the recommendation, the heads of state administrative agencies, public service units, or state-owned enterprises or competent authorities are responsible for considering and resolving and notifying the results of resolution to the People's Inspectorate Team. If the recommendation is not implemented or not fully implemented, the People's Inspectorate Team has the right to recommend the direct superior of the head of the state administrative agency, public service unit, or state-owned enterprise to consider and resolve.
Article 33. Working procedures of the People's Inspectorate
The People's Inspectorate meets regularly once every quarter to review its work in that quarter and to plan for the next quarter's activities; in cases of necessity, it may convene extraordinary meetings.
The People's Inspectorate implements a quarterly reporting system before the Trade Union Executive Committee; annually, it summarizes its activities and reports them to the Workers' Congress or the Workers' Representative Congress.
PART 3
RESPONSIBILITIES OF THE TRADE UNION EXECUTIVE COMMITTEE, STATE AGENCIES, PUBLIC INSTITUTIONS, STATE ENTERPRISES, AND THE STATE AUDITING ORGANIZATION
THE STATE, ENTERPRISES UNDER THE PUBLIC SECTOR, STATE ENTERPRISES,
NATIONAL AUDITING ORGANIZATION
Article 34. Responsibilities of the Trade Union Executive Committee
1. The grassroots Trade Union Executive Committee has the responsibility to:
a) Carry out tasks as stipulated in Article 67 of the Inspection Law;
b) Lead or coordinate with relevant agencies and organizations to train and enhance the professional skills of members of the People's Inspectorate. Lead the organization of cooperation with other organizations within the agency or unit to support the activities of the People's Inspectorate;
c) Prepare and settle annual financial budgets for the People's Inspectorate;
d) Promptly consider and resolve recommendations made by the People's Inspectorate;
đ) Invite representatives of the People's Inspectorate to attend meetings of the grassroots Trade Union Executive Committee related to the organization and activities of the People's Inspectorate;
2. The immediate superior Trade Union Executive Committee has the responsibility to direct the grassroots Trade Union Executive Committee in guiding the organization and activities of the People's Inspectorate.
Article 35. Responsibilities of the head of state agencies, public institutions, and state enterprises
1. Implement tasks as prescribed in Article 66 of the Inspection Law.
2. Promptly resolve recommendations made by the People's Inspectorate. In cases where the recommendation exceeds their authority, report to the competent agency, organization, or individual for consideration and resolution, and inform the People's Inspectorate.
3. Handle according to their authority individuals who violate laws, obstruct the activities of the People's Inspectorate, retaliate against, or undermine members of the People's Inspectorate.
4. Invite representatives of the People's Inspectorate to attend meetings of state agencies, public institutions, and state enterprises related to the supervisory duties of the People's Inspectorate.
5. Provide locations, means, and financial support for the People's Inspectorate to organize meetings and facilitate its operations.
Article 36. Responsibilities of state auditing organizations
The Government Inspector General, within the scope of its functions, responsibilities, and powers, has the responsibility to coordinate with the Central Steering Committee of the Vietnam Fatherland Front and the Chairman of the Vietnam General Confederation of Labor to guide the organization and activities of the People's Inspectorate.
Inspectors General of Ministries, agencies at the ministerial level, and government agencies have the responsibility to coordinate with the Trade Union Executive Committees at the same level to provide professional guidance on the work of the People's Inspectorates in state agencies, public institutions, and state enterprises under their management.
Provincial Inspectors General have the responsibility to coordinate with provincial labor unions to provide professional guidance on the work of the People's Inspectorates in state agencies, public institutions, and state enterprises managed by provincial People's Councils.
District Inspectors General have the responsibility to coordinate with district labor unions to provide professional guidance on the work of the People's Inspectorates in state agencies, public institutions, and state enterprises managed by district People's Councils.
Article 37. Operating Funds and Financial System of the People's Inspectorate
1. Operating funds for the People's Inspectorate in state agencies, public institutions, and state enterprises are balanced from the operating funds of those agencies, institutions, and enterprises.
2. Operating funds for the People's Inspectorate are used to cover costs for organizing meetings, paying remuneration to members, and other activities of the People's Inspectorate.
Annually, the People's Inspectorate is responsible for settling accounts for its operating funds with the grassroots Trade Union Executive Committee.
3. The Ministry of Finance leads and coordinates with the Chairman of the Vietnam General Confederation of Labor to provide guidance on the operating funds of the People's Inspectorate in state agencies, public institutions, and state enterprises.
PART IV
REWARD AND VIOLATION HANDLING
Article 38. Awards
Members and groups of the People's Inspectorate who achieve outstanding results in performing their duties shall be rewarded in accordance with the law.
Article 39. Handling Violations
Organizations and individuals who violate the provisions of this Decree shall be subject to disciplinary action, administrative violations, or criminal liability depending on the nature and severity of the violation.
CHAPTER V
FINAL PROVISIONS
Article 40. Effectiveness
This Decree takes effect fifteen days after its publication in the Official Gazette and replaces Decree No. 241/HĐBT dated August 5, 1991 of the Council of Ministers regarding the organization and operation of the People's Inspectorates.
All previous regulations contrary to this Decree are hereby abolished.
Article 41. Responsibility for Implementation
1. The Government Inspector General is responsible for guiding the implementation of this Decree.
2. Request the Central Steering Committee of the Vietnam Fatherland Front and the Chairman of the Vietnam General Confederation of Labor, within the scope of their functions, responsibilities, and powers, to guide the implementation of issues related to directing the organization and operation of the People's Inspectorate or to coordinate with state functional agencies to guide the implementation of this Decree.
3. Ministers, heads of agencies at the ministerial level, heads of government agencies, Chairmen of provincial People's Councils, and related organizations and individuals are responsible for implementing this Decree./.
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