Decree No. 99/2006/NĐ-CP on the work of inspecting the implementation of policies, strategies, plans, and programs.

DECREE

On inspection work for policy implementation

strategy, planning, program

______________________

THE GOVERNMENT

 

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

Pursuant to the Law on Organization of People's Councils and People's Committees dated November 26, 2003;

At the proposal of the Minister and Head of the Government Office,

 

DECREE:

Chapter I:

GENERAL PROVISIONS

Article 1. Scope and Applicability

1. This Decree stipulates the inspection work for the implementation of policies, strategies, plans, and programs that have taken effect and fall under the responsibility of organizations to implement or the decision-making authority of the Government, Prime Minister, Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, provincial People's Committees, and Chairpersons of provincial People's Committees (hereinafter collectively referred to as provincial level).

2. This Decree applies to ministries, ministerial-level agencies, government-affiliated agencies, and provincial-level People's Committees.

Policies, strategies, plans, and programs as specified in Clause 1 of this Article refer to those policies, strategies, plans, and programs institutionalized in legislative documents of the National Assembly, Standing Committee of the National Assembly, President, Government, Prime Minister, Ministers, Heads of ministerial-level agencies, People's Councils, provincial-level People's Committees; in individual documents, directive documents, administrative guidance documents of the Prime Minister, Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial-level People's Committees.

Article 2. Purpose of Inspection

1. Ensuring the effectiveness and efficiency of policies, strategies, plans, and programs.

2. Strengthening administrative discipline in the organization and implementation of policies, strategies, plans, and programs.

3. Rewarding agencies, organizations, and individuals with outstanding achievements in implementing policies, strategies, plans, and programs.

4. Identifying unreasonable or incorrect aspects in the organization and implementation to promptly adjust or propose adjustments to policies, strategies, plans, and programs and handle violations according to the law.

5. Ensuring thrift and preventing waste during the implementation of policies, strategies, plans, and programs.

Article 3. Principles of Inspection

1. Conducting inspections within the scope of authority, following procedures, and based on legal provisions.

2. Avoiding overlap and duplication, promoting coordination in inspections.

3. Timely, objective, accurate, and strict.

4. Democratic, transparent, not hindering or adversely affecting the operations of inspected agencies and organizations.

Article 4. Methods of Inspection

1. Depending on the content, nature of policies, strategies, plans, and programs, and actual circumstances, the competent authority shall conduct regular or spot inspections through the following methods:

a) Through reports;

b) Through mid-term and final reviews;

c) Meetings, briefings;

d) Working sessions with inspected agencies;

đ) Organizing inspection teams.

2. Regular inspections are conducted based on annual inspection plans approved by the competent authority.

Spot inspections are carried out based on management requirements and actual conditions, or upon requests or reflections from agencies, organizations, or individuals regarding weaknesses or errors in the implementation of policies, strategies, plans, and programs.

Chapter II:

INSPECTION OF POLICY, STRATEGY, PLAN, AND PROGRAM IMPLEMENTATION

Section 1: AUTHORITY, CONTENT, AND INSPECTION PLANS

Article 5. Inspection Authority for the Implementation of Policies, Strategies, Plans, and Programs

1. In accordance with the division of labor by the Prime Minister, the Government Office and functional agencies shall inspect the implementation of policies, strategies, plans, and programs within the responsibility to organize their implementation or the authority to decide, except when the Prime Minister directly conducts the inspection.

2. Ministers, Heads of Ministries equivalent to ministries, and Heads of government agencies shall inspect the implementation of policies, strategies, plans, and programs within their responsibility to organize their implementation or the authority to decide.

Ministers, Heads of Ministries equivalent to ministries, and Heads of government agencies shall conduct inspections directly or delegate inspection tasks to subordinate agencies and units.

3. The Chairman of the People's Committee at the provincial level shall inspect the implementation of policies, strategies, plans, and programs within the responsibility to organize their implementation or the authority to decide of the People's Committee and the Chairman of the People's Committee at the provincial level.

The Chairman of the People's Committee at the provincial level shall conduct inspections directly or delegate inspection tasks to the People's Committee Office and functional agencies.

4. For policies, strategies, plans, and programs related to multiple sectors and fields, the agency assigned to lead the implementation shall have its head lead the inspection of their implementation.

Article 6. Content of Inspections for the Implementation of Policies, Strategies, Plans, and Programs

1. Content of Inspections for the Implementation of Policies:

a) Plan for implementing the policy;

b) Progress in organizing and implementing solutions;

c) Violations and weaknesses in implementing the policy;

d) Results of implementing the policy; limitations and reasons for non-implementation or poor implementation of the policy;

đ) Responsibilities of agencies, organizations, and individuals with decision-making authority in organizing the implementation of the policy (including the responsibilities of the leading agency and those of related agencies);

e) The appropriateness of the policy with economic and social conditions.

2. Content of Inspections for the Implementation of Strategies:

a) Plan for implementing the strategy;

b) Implementation of key objectives of the strategy;

c) Progress and extent of implementing strategic solutions including organizational measures for implementing the strategy;

d) Violations and weaknesses in implementing the strategy;

đ) Results of implementing the strategy; limitations and reasons for non-implementation or poor implementation of the strategy;

e) Responsibilities of agencies, organizations, and individuals with decision-making authority in organizing the implementation of the strategy (including the responsibilities of the leading agency and those of related agencies);

g) The appropriateness of the strategy with economic and social conditions.

3. Content of Inspections for the Implementation of Plans:

a) Plan for implementing the plan;

b) Results and progress in implementing key targets of the plan;

c) Results and progress in implementing core products of the plan;

d) Results and progress in implementing solutions and mechanisms for achieving the plan's goals;

đ) Violations and weaknesses in implementing the plan;

e) Results of implementing the plan; limitations and reasons for non-implementation or poor implementation of the plan;

g) Responsibilities of agencies, organizations, and individuals with decision-making authority in organizing the implementation of the plan (including the responsibilities of the leading agency and those of related agencies);

h) The appropriateness of the plan with the strategy it is based on and with economic and social conditions.

4. Content of Inspections for the Implementation of Programs:

a) Plan for implementing the program;

b) Results and progress in implementing the program's targets;

c) Results and progress in implementing mandatory indicators and organizational measures for implementing the program;

d) Results and progress in implementing key projects of the program;

đ) Violations and weaknesses in implementing the program;

e) Results of implementing the program; limitations and reasons for non-implementation or poor implementation of the program;

g) Responsibilities of agencies, organizations, and individuals with decision-making authority in implementing tasks for organizing the implementation of the program (including the responsibilities of the leading agency and those of related agencies);

h) The appropriateness of the program with the plan it is based on and with economic and social conditions.

Article 7. Drafting Inspection Plans

1. Regular inspections must be planned. Inspection plans can be established as separate documents or included in the work programs of administrative state agencies or determined directly within the policies, strategies, plans, and programs.

2. The agency or unit responsible for inspections shall establish an inspection plan, specifying the time, location, content of the inspection, and the cooperating agencies.

3. Annual inspection plans must be approved by the competent authority before December 15 of the previous year.

4. If necessary, the agency or unit responsible for inspections may submit to the competent authority for adjustment of the inspection plan.

5. The Government Office has the responsibility to lead and coordinate with functional agencies to develop and submit

6. The Ministry Office, Ministries equivalent to ministries, and government agencies shall lead and coordinate with functional units to develop and submit to the Minister, Head of a ministry equivalent to a ministry, or Head of a government agency for approval or adjustment of the inspection plan for the implementation of policies, strategies, plans, and programs within the inspection authority of the Minister, Head of a ministry equivalent to a ministry, or Head of a government agency.

7. The Provincial People's Committee Office shall lead and coordinate with functional agencies to develop and submit to the Chairman of the Provincial People's Committee for approval or adjustment of the inspection plan for the implementation of policies, strategies, plans, and programs within the inspection authority of the Chairman of the Provincial People's Committee.

Section 2:

METHODS OF INSPECTION

Article 8. Inspection through reports

1. Inspection through reports is conducted periodically or at random upon request of the authorized inspection authority or the agency assigned the inspection task.

2. The content of the report and the deadline for submitting the report must comply with the requirements of the authorized inspection authority or the agency assigned the inspection task.

3. The authorized inspector or the agency assigned to conduct the inspection shall examine the report, process information, request verification of information, and issue an inspection conclusion.

4. The time for the inspected agency to prepare the report shall be at least five working days from the date of receipt of the request from the authorized inspector or the agency assigned to conduct the inspection. In special cases, the time for the inspected agency to prepare the report shall be decided by the authorized inspector.

Article 9. Inspection through mid-term and final reviews

1. Mid-term and final reviews of policy implementation, strategies, plans, and programs shall be decided by the authorized inspector or determined directly within the policies, strategies, plans, and programs. Inspections through mid-term and final reviews must comply with the following principles:

a) Mid-term and final reviews of policy implementation, strategies, plans, and programs must ensure economy and prevent waste;

b) Mid-term reviews of policy implementation, strategies, plans, and programs shall be conducted at least one year after their issuance or approval;

c) Final reviews of policy implementation, strategies, plans, and programs shall be conducted at least two years after their effective date or upon completion of a phase to move to another phase or upon completion of implementation. Final reviews for inspection purposes shall only apply to important policies, strategies, plans, and programs of large scale.

2. Mid-term and final reviews of policy implementation, strategies, plans, and programs may be conducted through meetings or mid-term and final review reports.

3. Mid-term and final reviews include contents on policy, strategy, plan, and program implementation, but focus on the following issues:

a) Completed objectives and tasks;

b) Uncompleted objectives and tasks, reasons;

c) Results and progress of implementation;

d) Errors and weaknesses during implementation;

đ) Responsibilities of the leading agencies and related agencies in implementation;

e) Inconsistencies of policies, strategies, plans, and programs and recommendations for amendments and supplements.

Article 10. Inspection through meetings and briefings

Inspection through meetings and briefings shall be decided by the authorized inspector. At the meeting or briefing, the inspected agency shall report on the situation of policy, strategy, plan, and program implementation according to the requirements of the authorized inspector.

Article 11. Inspection through direct work with inspected agencies

1. When it is necessary to work directly with the inspected agency, the authorized inspector or the agency assigned to conduct the inspection shall invite representatives of the inspected agency to work at their own office or send representatives of their own agency to work at the inspected agency.

The Government Office is responsible for organizing inspections by the Prime Minister, Deputy Prime Ministers through direct work with ministers, heads of ministerial-level agencies, heads of government agencies, and chairpersons of provincial people's committees. If instructed by the Prime Minister, the Government Office and relevant agencies have the right to work directly with the heads of inspected agencies.

The People's Committee Office at the provincial level is responsible for organizing inspections by the Chairman, Deputy Chairmen of the provincial People's Committee through direct work with heads of specialized agencies under the provincial People's Committee and chairpersons of all levels of People's Committees. If instructed by the provincial People's Committee, the provincial People's Committee Office and relevant agencies have the right to work directly with the heads of inspected agencies.

2. The authorized inspector and the agency assigned to conduct the inspection have the right to seek opinions from experts on matters related to the inspection content, but they must bear responsibility for their inspection conclusions.

Article 12. Organization of inspection teams

1. Establishment of inspection teams:

a) Inspection through the establishment of inspection teams recorded in the administrative state agency's inspection plan, except for surprise inspections. Inspection teams are established based on the decision of the authorized inspector or the agency assigned to conduct the inspection;

b) For surprise inspections, the inspection team must notify the inspected agency of the inspection time and content at least one working day before the inspection;

c) For inspection teams chaired by the Prime Minister or Deputy Prime Minister, the Government Office is responsible for preparing the content; compiling and announcing the Prime Minister's or Deputy Prime Minister's inspection conclusions.

2. Activities of the inspection team:

a) Inspection teams operate according to the plan approved by the competent authority;

b) Inspection teams have the right to work directly with inspected agencies; request inspected agencies to report and provide information and documents for inspection purposes; propose relevant state agencies or experts to evaluate the reports, information, and documents provided by inspected agencies;

c) The duration of operation of the inspection team is decided by the person who decides to establish the inspection team.

Section 3:

REPORT ON THE RESULTS OF INSPECTION, RESPONSIBILITY IN INSPECTION AND HANDLING THE RESULTS OF INSPECTION

Article 13. Report on the results of the inspection

1. When the inspection concludes, the inspecting agency must prepare a report on the results of the inspection. In cases where the authorized person conducts the inspection directly, the authorized person shall designate an agency, organization, or individual to prepare the report on the results of the inspection.

2. The content of the report includes the following issues:

a) Basis for conducting the inspection;

b) Time and location of the inspection;

c) Participants in the inspection;

d) Inspection contents;

đ) Achievements and violations, weaknesses in the implementation of policies, strategies, plans, and programs;

e) Opinions of participating agencies and recommendations of the leading agency regarding the handling of the inspection results;

g) Recommendations of the inspected agency regarding amendments and supplements to policies, strategies, plans, and programs that are not appropriate;

h) Conclusions on handling within the authority or proposals, recommendations to the competent authority for handling and rectifying violations, weaknesses in implementation, as well as recommendations for amending, supplementing, or abolishing parts or all of the inappropriate policies, strategies, plans, and programs.

3. The draft report on the inspection results must be sent to the participating agencies for comments before being submitted to the competent authority for decision.

Article 14. Responsibilities of agencies in inspection

1. Responsibilities of the inspecting agency:

a) Notify the inspected agency about the time and content of the inspection, send the inspection conclusion to the inspected agency; report to the competent authority on the results of the inspection and propose handling measures;

b) Reward according to authority or recommend the competent authority to promptly reward agencies, organizations, and individuals who implement policies, strategies, plans, and programs effectively;

c) Handle according to authority or recommend the competent authority to promptly handle agencies, organizations, and individuals who fail to implement or implement inadequately policies, strategies, plans, and programs;

d) In case of discovering inappropriate, unfeasible policies, strategies, plans, and programs or violations, handle according to authority or promptly recommend the competent state authority to examine and handle.

2. Responsibilities of the inspected agency:

a) Cooperate and create conditions for the inspecting agency during the inspection process;

b) Strictly comply with information and reporting systems as required by the inspection agency.

c) Report, provide truthful information and documents; bear legal responsibility for the content of reports, information, and provided documents.

d) Comply with decisions made by the inspection agency.

đ) Have the right to make recommendations and explanations regarding the inspection agency's conclusions to the authorized person.

e) Bear responsibility for failing to implement or implementing incorrectly policies, strategies, plans, and programs.

Article 15. Handling the Results of Inspection

1. Agencies, organizations, and persons with authority must be responsible for handling the results of the inspection upon receiving the report on the results of the inspection. If it exceeds their authority, they must request the competent authority to consider and decide. The maximum period for considering and handling the results of the inspection shall not exceed thirty days from the date of receipt of the report on the results of the inspection.

2. Agencies, organizations, and individuals causing delays or difficulties for other agencies during the inspection process and handling of inspection results must bear legal responsibility.

3. Handling the results of the inspection must comply with the provisions of the law.

Chapter III:

COORDINATION OF WORK TO INSPECT THE IMPLEMENTATION OF POLICIES, STRATEGIES, PLANS, AND PROGRAMS

Article 16. Contents of Coordination of Inspection Work

Coordination of inspection work includes the following contents:

1. Monitoring and urging the implementation of the inspection plan.

2. Summarizing and concluding the inspection work.

3. Monitoring and urging the handling of the results of the inspection.

Article 17. Monitoring and Urging the Implementation of the Inspection Plan

1. The Office of the Government assists the Prime Minister in monitoring, urging, and inspecting ministries, sectors, and localities in implementing the Prime Minister's inspection plan.

Ministries, ministerial-level agencies, government agencies, and provincial people's committees have the responsibility to submit their inspection plans to the Office of the Government for monitoring, urging, and inspecting the implementation.

The Office of the Government has the right to request ministries, ministerial-level agencies, government agencies, and provincial people's committees to report on the implementation of inspection responsibilities.

2. The Ministry Office, ministerial-level agencies, and government agencies assist the Minister, head of a ministerial-level agency, and head of a government agency in monitoring, urging, and inspecting functional units in implementing the Minister's, head of a ministerial-level agency's, and head of a government agency's inspection plan.

The Ministry Office, ministerial-level agencies, and government agencies have the right to request functional units to report on the implementation of inspection responsibilities.

3. The Provincial People's Committee Office assists the Chairman of the Provincial People's Committee in monitoring, urging, and inspecting functional agencies in implementing the Chairman's inspection plan. Functional departments have the responsibility to submit their inspection plans to the Provincial People's Committee Office for monitoring, urging, and inspecting the implementation.

The Provincial People's Committee Office has the right to request functional departments to report on the implementation of inspection responsibilities.

Article 18. Summary and Evaluation of Inspection Work

1. The summary and evaluation of inspection work concerning the implementation of policies, strategies, plans, and programs shall be decided by the competent authority conducting the inspections.

2. The contents of the summary and evaluation include:

a) The progress in implementing inspection plans and programs within the administrative agencies' work programs;

b) The performance of inspection responsibilities by agencies and units;

c) The performance of supervisory and coordinating responsibilities for inspection work by directing agencies;

d) Recommendations regarding inspection plans, programs, and methods.

3. The Government Office, Ministry Offices, Ministries, equivalent ministries, government agencies, and provincial People's Committee Offices shall assist the Prime Minister, Ministers, heads of equivalent ministries, heads of government agencies, and provincial People's Committee Chairpersons in summarizing and evaluating inspection work.

Article 19. Supervision and Urging the Handling of Inspection Results

1. The Government Office assists the Prime Minister in receiving and urging the handling of inspection results within the Prime Minister’s and the Government’s jurisdiction; requesting explanations from Ministries, equivalent ministries, government agencies, and provincial People's Committees regarding their failure to fulfill responsibilities in handling inspection results.

2. The Ministry Offices, equivalent ministries, and government agencies assist Ministers, heads of equivalent ministries, and heads of government agencies in receiving and urging the handling of inspection results within their jurisdiction; requesting explanations from functional units regarding their failure to fulfill responsibilities in handling inspection results.

3. The Provincial People's Committee Office assists the Chairman of the People's Committee in receiving and urging the handling of inspection results within the People's Committee and the Chairman's jurisdiction; requesting explanations from functional agencies regarding their failure to fulfill responsibilities in handling inspection results.

Chapter IV:

REPORT ON INSPECTION WORK AND REWARDING, HANDLING VIOLATIONS

Article 20. Report on Inspection Work

1. Twice annually, Ministers, heads of equivalent ministries, heads of government agencies, and provincial People's Committee Chairpersons report to the Prime Minister on the situation and results of inspecting the implementation of policies, strategies, plans, and programs within their jurisdiction. Reports must be submitted to the Government Office before the 20th day of the last month of the second and fourth quarters for consolidation and reporting to the Prime Minister.

In exceptional cases, Ministries, equivalent ministries, and government agencies have the responsibility to report according to the requirements of the Government Office.

2. Twice annually, heads of organizations under Ministries, equivalent ministries, and government agencies report to Ministers, heads of equivalent ministries, and heads of government agencies on the situation and results of inspecting the implementation of policies, strategies, plans, and programs. Reports must be submitted to the Ministry Offices, equivalent ministries, and government agencies before the 15th day of the last month of the second and fourth quarters for consolidation and reporting to Ministers, heads of equivalent ministries, and heads of government agencies.

In exceptional cases, units under Ministries, equivalent ministries, and government agencies have the responsibility to report according to the requirements of the Ministry Offices, equivalent ministries, and government agencies.

3. Twice annually, heads of specialized agencies under provincial People's Committees report to the Chairman of the People's Committee on the situation and results of inspecting the implementation of policies, strategies, plans, and programs within their jurisdiction. Reports must be submitted to the Provincial People's Committee Office before the 15th day of the last month of the second and fourth quarters for consolidation and reporting to the Chairman of the People's Committee.

In exceptional cases, specialized agencies under provincial People's Committees have the responsibility to report according to the requirements of the Provincial People's Committee Office.

4. The report on inspection work includes the following main contents:

a) The situation and results of inspection work;

b) A summary of violations and the results of handling violations by officials and civil servants in organizing the implementation of policies, strategies, plans, and programs;

c) A summary of recommendations for amending and supplementing policies, strategies, plans, and programs;

d) Suggestions and proposals.

5. The agency receiving the report has the responsibility to compile and report to the head of the administrative agency with jurisdiction.

Article 21. Rewards and Handling of Violations

1. Agencies, organizations, and individuals with authority who perform well in inspection work as prescribed in this Decree shall be considered for rewards in accordance with the laws on competition and rewards.

2. Agencies, organizations, and individuals who violate the provisions of this Decree shall be subject to handling in accordance with the law.

Chapter V:

 GUARANTEES

Article 22. Financial Guarantees

The financial resources to ensure the inspection work on the implementation of policies, strategies, plans, and programs shall be provided from the state budget and included in the regular operating expenses of administrative agencies.

The Minister of Finance shall guide the preparation of budgets, management, and utilization of funds for inspection work on the implementation of policies, strategies, plans, and programs as prescribed in this Decree.

Article 23. Staffing Guarantees

The Minister of Home Affairs, the Minister and Head of the Government Office, the Ministers and Heads of Ministries equivalent to ministries, the Heads of government agencies, and the Chairpersons of provincial People's Committees are responsible for ensuring sufficient staffing for coordinating inspection activities and assigning competent staff to participate in inspection activities as prescribed in this Decree.

Article 24. Information Guarantees

During the inspection process, the inspecting agency has the right to request inspected agencies and related agencies, organizations, and individuals to provide information and documents for inspection purposes. Agencies, organizations, and individuals requested must provide the information. In cases where the information is classified, the refusal to provide information must be in writing.

Information and reports from mass media and agencies, organizations, and individuals regarding the implementation of policies, strategies, plans, and programs serve as grounds for authorized inspectors to decide to conduct inspection work. The name of the individual providing the information will be kept confidential upon their request.

Providing truthful information and reports about the shortcomings and weaknesses of agencies, organizations, and individuals in implementing policies, strategies, plans, and programs shall be considered for rewards in accordance with the law.

Providing false information and reports about the shortcomings and weaknesses of agencies, organizations, and individuals in implementing policies, strategies, plans, and programs, causing adverse effects on management activities and reputation, shall be subject to handling in accordance with the law.

Article 25. Time Guarantees

Announcements of inspection work, information systems, and reporting on inspections must comply with time regulations as prescribed in this Decree.

Chapter VI:

IMPLEMENTING PROVISIONS

Article 26. Effective date

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

Article 27. Responsibility for Implementation

The Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, and Chairpersons of provincial People's Committees are responsible for enforcing this Decree. The Minister and Head of the Government Office shall urge and monitor the enforcement of this Decree.

The Minister and Head of the Government Office shall urge and monitor the enforcement of this Decree./.