Decree 81/2023/ND-CP defining organizational structure of the Government Inspectorate of Vietnam

DECREE

Defining the functions, tasks, powers and organizational structure of the Government Inspectorate of Vietnam^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the November 11, 2011 Law on Complaints;

Pursuant to the November 25, 2013 Law on Reception of Citizens;

Pursuant to the June 12, 2018 Law on Denunciations;

Pursuant to the November 20, 2018 Anti-Corruption Law;

Pursuant to the November 14, 2022 Inspection Law;

Pursuant to the Government’s Decree No. 123/2016/ND-CP of September 1, 2016, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies; the Government’s Decree No. 101/2020/ND-CP of August 28, 2020, amending and supplementing a number of articles of the Government’s Decree No. 123/2016/ND-CP of September 1, 2016;

At the proposal of the Inspector General;

The Government promulgates the Decree defining the functions, tasks, powers and organizational structure of the Government Inspectorate of Vietnam.

Article 1. Position and functions

The Government Inspectorate of Vietnam is a ministerial-level agency of the Government and functions to perform the state management of inspection, citizen reception, settlement of complaints and denunciations, and prevention and combat of corruption and negative acts nationwide; and shall carry out inspection, receive citizens, settle complaints and denunciations, and prevent and combat corruption and negative acts in accordance with law.

Article 2. Tasks and powers

The Government Inspectorate of Vietnam shall perform the tasks specified and exercise the powers provided in the Government’s Decree No. 123/2016/ND-CP of September 1, 2016, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies (ministries and ministerial-level agencies are below collectively referred to as ministries); and Decree No. 101/2020/ND-CP of August 28, 2020, amending and supplementing a number of articles of Decree No. 123/2016/ND-CP of September 1, 2016, and has the following specific tasks and powers:

1. To submit to the Government draft laws and resolutions of the National Assembly, draft ordinances and resolutions of the National Assembly Standing Committee, draft resolutions and decrees of the Government, and draft decisions of the Prime Minister on inspection, citizen reception, settlement of complaints and denunciations, and prevention and combat of corruption and negative acts under its approved annual lawmaking programs and plans, and other draft legal documents as assigned by the Government and Prime Minister.

2. To submit to the Government and Prime Minister for approval strategies, master plans, and annual, medium- and long-term development plans on fields under its state management; and draft decisions and directives and other documents on inspection, citizen reception, settlement of complaints and denunciations, and prevention and combat of corruption and negative acts.

3. To promulgate circulars, decisions, directives and other documents on inspection, citizen reception, settlement of complaints and denunciations, and prevention and combat of corruption and negative acts.

4. To direct, guide and examine, and organize the implementation of, legal documents and approved strategies and tentative programs on inspection, citizen reception, settlement of complaints and denunciations, and prevention and combat of corruption and negative acts; to disseminate information and educate about laws on inspection, citizen reception, settlement of complaints and denunciations, and prevention and combat of corruption and negative acts.

5. Regarding inspection:

a/ To work out tentative inspection programs and submit them to the Prime Minister for approval; to work out its inspection plans; to guide ministries, government-attached agencies and provincial-level People’s Committees in working out their inspection plans; to organize, and guide ministries, government-attached agencies and provincial-level People’s Committees in organizing, the implementation of inspection plans;

b/ To inspect ministries, government-attached agencies and provincial-level People’s Committees in implementing policies and laws, performing their tasks and exercising their powers; to inspect the management of state capital and assets in state enterprises when so assigned by the Prime Minister; and to inspect complicated cases involving state management responsibilities of many ministries, government-attached agencies and provincial-level People’s Committees;

c/ To inspect other cases as assigned by the Prime Minister;

d/ To verify the accuracy and legality of inspection conclusions of ministerial-level inspectorates, inspection agencies of government-attached agencies, provincial-level inspectorates and post-inspection handling decisions of ministers, heads of ministerial-level agencies, and chairpersons of provincial-level People’s Committees when necessary;

dd/ To decide on re-inspection of cases and matters on which conclusions have been made by ministerial-level inspectorates, inspection agencies of government-attached agencies or provincial-level inspectorates in which signs of violation are detected; 

e/ To request ministers, heads of government-attached agencies and chairpersons of provincial-level People’s Committees to decide on inspection of cases and matters when detecting signs of violation. If ministers, heads of government-attached agencies or chairpersons of provincial-level People’s Committees fail to do so, to issue inspection decisions or report to the Prime Minister for direction of implementation;

g/ To coordinate with the State Audit Office of Vietnam in handling overlaps between inspection and state audit activities; to assume the prime responsibility for handling overlaps in the scope, subjects, contents and time of inspection among inspection agencies in accordance with law;

h/ To monitor, urge and examine the implementation of its inspection-related conclusions, proposals and decisions and those of the Prime Minister;

i/ To consider and handle inspection-related issues on which chief inspectors of ministerial-level inspectorates disagree with ministers or chief inspectors of provincial-level inspectorates or disagree with chairpersons of provincial-level People’s Committees. In case a minister or chairperson of a provincial-level People’s Committee disagrees with handling results of the Inspector General, the latter shall report the case to the Prime Minister for consideration and decision;

k/ To request ministers or provincial-level People’s Committees to terminate the implementation of, or annul their legal documents issued in contravention of the Constitution, laws and regulations of superior state agencies, which is detected through inspection. In case a minister or the chairperson of a provincial-level People’s Committee refuses to terminate or annul such a legal document, to submit the case to the Prime Minister for consideration and decision;

l/ To propose the Prime Minister to terminate the partial or total implementation of provincial-level People’s Councils’ resolutions issued in contravention of the Constitution, laws and regulations of superior state agencies, which is detected through inspection; to report the Prime Minister to propose the National Assembly Standing Committee to terminate the partial or total implementation of provincial-level People’s Councils’ resolutions having contents in contravention of the Constitution, laws and regulations of superior state agencies, which is detected through inspection;

m/ To propose competent state agencies to amend and supplement existing regulations or promulgate new ones to meet management requirements; to recommend termination or annulment of unlawful regulations detected through inspection;

n/ To request ministers, heads of government-attached agencies and chairpersons of provincial-level People’s Committees to consider and correct wrongdoings in sectors, fields and localities under their management that are detected by the Government Inspectorate of Vietnam through inspection;

o/ To propose the Prime Minister, competent agencies or organizations to examine the responsibility of, and handle, persons managed by the Prime Minister or competent agencies and organizations who commit illegal acts detected through inspection or fail to implement inspection conclusions, requests and handling decisions; to request heads of other agencies or organizations to examine the responsibility of and handle persons managed by such agencies and organizations who commit illegal acts detected through inspection or fail to implement inspection conclusions, requests and handling decisions.

6. Regarding citizen reception and settlement of complaints and denunciations:

a/ To receive citizens; to receive and process complaints, denunciations, petitions and reports; to settle complaints and denunciations according to its competence;

b/ To assume the prime responsibility for, and coordinate with related agencies in, receiving citizens at central-level citizen reception offices;

c/ To monitor, examine and urge ministries, government-attached agencies and provincial-level People’s Committees in the citizen reception, settlement of complaints, and implementation of decisions on settlement of complaints.

d/ When detecting that the settlement of complaints causes damage to the State’s interests or lawful rights and interests of citizens, agencies and organizations, to propose the Prime Minister or competent persons to apply necessary measures to terminate such violations and examine the responsibility of violators.

dd/ To receive, classify and propose the settlement of denunciations falling under the competence of the Prime Minister;

e/ To verify contents of denunciations; report verified contents and recommend measures to settle denunciations under the settling competence of the Prime Minister when so assigned;

g/ To consider the settlement of denunciations by ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees which shows signs of violation. If having a ground to believe that the settlement of a denunciation violates law, to propose it to the Prime Minister for consideration and re-settlement;

h/ To build, manage and use the national database on citizen reception, processing of letters of complaints and denunciations, and settlement of complaints, denunciations and recommendations.

7. Regarding prevention and combat of corruption and negative acts:

a/ To organize, direct and guide the implementation of regulations on prevention and combat of corruption and negative acts according to its competence or as directed by the Government and Prime Minister, and prevent and combat corruption and negative acts in inspection work;

b/ To inspect cases and matters showing signs of corruption according to its competence; to inspect the implementation of the law on prevention and combat of corruption and negative acts by ministries, government-attached agencies and provincial-level People’s Committees, enterprises, and non-state social organizations according to its competence or as directed by the Prime Minister;

c/ To take the initiative in coordinating with agencies and organizations in detecting corruption and negative acts; to inspect cases and matters showing signs of corruption and negative acts according to its competence or as directed by the Prime Minister; to urge the handling of persons who commit corruption and negative acts in accordance with law and the Party’s and Government’s decentralization of powers for personnel management;

d/ To control assets and income of persons who hold positions and powers in agencies, organizations and units according to its competence;

dd/ To build, manage, use and protect the national database on control of assets and income; to monitor and assess the situation of corruption and negative acts and the prevention and combat of corruption and negative acts in ministries, sectors, localities and non-state sectors;

e/ To coordinate with the State Audit Office of Vietnam, Ministry of Public Security, Ministry of National Defense, Supreme People’s Procuracy, Supreme People’s Court and Central Committee for Internal Affairs in providing and exchanging information, documents and experience related to the prevention and combat of corruption and negative acts; to summarize, assess and forecast the situation of corruption and negative acts, and propose policies and solutions against corruption and negative acts.

8. In the course of performing tasks of inspection, citizen reception, settlement of complaints and denunciations, and prevention and combat of corruption and negative acts, it may exercise its powers in accordance with law; and may request related agencies and units to assign their cadres, civil servants and public employees to join inspection teams.

9. To request ministries, government-attached agencies and provincial-level People’s Committees to report on the situation and results of inspection, citizen reception, settlement of complaints and denunciations and prevention and combat of corruption and negative acts.

10. To summarize and report on results of inspection, citizen reception, settlement of complaints and denunciations and prevention and combat of corruption and negative acts falling under the Government’s state management; to review experience from inspection, citizen reception, settlement of complaints and denunciations and prevention and combat of corruption and negative acts.

11. To perform the function of the national standing agency in implementing the United Nations Convention against Corruption, and act as a national focal point to provide support in the provision of information about the prevention and combat of corruption; to undertake international cooperation on inspection, citizen reception, settlement of complaints and denunciations and prevention and combat of corruption.

12. To organize and direct the implementation of programs and plans on scientific research and application of scientific and technological advances to inspection, citizen reception, settlement of complaints and denunciations and prevention and combat of corruption and negative acts.

13. To decide on and organize the implementation of its administrative reform plan in line with the Government’s state administrative reform program and plan and the Prime Minister’s direction.

14. To provide direction and guidance on professional inspection activities; to further train cadres, civil servants and public employees to improve their professional skills; to manage and appoint civil servants and inspectors of different ranks in accordance with law; to grant inspector cards to civil servants appointed to different inspector ranks under its management in accordance with law; to give opinions on the appointment, relief from duty, dismissal, transfer, rotation and secondment of chief inspectors of ministerial-level and provincial-level inspectorates.

15. To manage the organizational apparatus, state payrolls, cadres, civil servants and public employees; and implement the salary regime and entitlements, commendation and disciplining regimes and policies toward cadres, civil servants and public employees under its management in accordance with law.

16. To manage and direct the operation of its attached non-business organizations in accordance with law.

17. To organize and direct the application of information technology and data; to carry out digital transformation and management of specialized data serving its state management function.

18. To manage finances and assets assigned to it and use budget allocations in accordance with law.

19. To perform other tasks as assigned by the Government or Prime Minister in accordance with law.

Article 3. Organizational structure

1. The Legal Department.

2. The Department for Personnel and Organization.

3. The Department for International Cooperation.

4. The Department of Planning, Finance and General Affairs.

5. The Office of Government Inspectorate of Vietnam.

6. The Department for Sectoral Economic Inspection (Dept. I).

7. The Department for Internal Affairs and General Economic Inspection (Dept.II).

8. The Department for Socio-Cultural Inspection (Dept.III).

9. The Bureau for Settlement of Complaints-Denunciations and Inspection for the North region (Bureau I).

10. The Bureau for Settlement of Complaints-Denunciations and Inspection for the Central region (Bureau II).

11. The Bureau for Settlement of Complaints-Denunciations and Inspection for the Southern region (Bureau III).

12. The Anti-Corruption Bureau (Bureau IV).

13. The Bureau for Post-Inspection Supervision, Verification and Settlement (Bureau V).

14. The Central Citizen Reception Committee.

15. The Inspection Strategy and Science Institute.

16. The Inspection Newspaper.

17. The Inspection Magazine.

18. The Inspector Training College.

19. The Information Center

The units specified in Clauses 1 thru 14 of this Article are administrative organizations that assist the Inspector General in performing the state management function; the units specified in Clauses 15 thru 19 are non-business units that serve the state management function of the Government Inspectorate of Vietnam.

The Central Citizen Reception Committee has a standing unit in the Citizen Reception Office of the Party Central Committee and the State in Ho Chi Minh City.

The Inspector General shall decide on functions, tasks, powers and organizational structures of units attached to the Government Inspectorate of Vietnam.

Article 4. Effect

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

2. This Decree replaces the Government’s Decree No. 50/2018/ND-CP of April 9, 2018, defining the functions, tasks, powers and organizational structure of the Government Inspectorate of Vietnam.

3. The Bureau for Post-Inspection Supervision, Verification and Settlement shall continue to perform its functions, tasks and powers in accordance with current laws through the date the Inspector General promulgates a decision defining functions, tasks, powers and organizational structure of the Bureau for Post-Inspection Supervision, Verification and Settlement.

Article 5. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall implement this Decree.-

On behalf of the Government
Prime Minister
PHAM MINH CHINH