THE GOVERNMENT ------- No. 19/2020/ND-CP | THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ------------- Hanoi, February 12, 2020 |
DECREE
On inspection and disciplinary actions in the enforcement of law provisions on handling of administrative violations
Pursuant to the Law on Organization of the Government dated June 19, 2015;
Pursuant to law provisions on handling of administrative violations dated June 20, 2012;
Pursuant to the Law on Cadres and Civil Servants dated November 13, 2008;
Pursuant to the Law on Public Employees dated November 15, 2010;
Pursuant to the Law dated November 25, 2019 amending and supplementing a number of articles of the Law on Cadres and Civil Servants;
Pursuant to the Law on Anti-corruption dated November 20, 2018;
Pursuant to the Law on State Compensation Liability dated June 20, 2017;
At the request of the Minister of Justice;
The Government promulgates the Decree on inspection and disciplinary actions in the enforcement of law provisions on handling of administrative violations.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Decree prescribes the inspection of the observance of law provisions on handling of administrative violations and the disciplinary actions against persons with jurisdiction and responsibility for enforcing law provisions on handling of administrative violations.
Article 2. Subjects of application
1. Agencies and persons with jurisdiction to inspect the enforcement of law provisions on handling of administrative violations; agencies in charge of managing the enforcement of law provisions on handling of administrative violations.
2. Heads of agencies of persons with jurisdiction to handle administrative violations, heads of immediate superior agencies of persons with jurisdiction to handle administrative violations.
3. Persons with jurisdiction to handle administrative violations, persons with jurisdiction to make records of administrative violations.
4. Agencies, organizations and individuals involved in the enforcement of the law provisions on handling of administrative violations.
Article 3. Purpose of inspection and disciplinary actions in the enforcement of law provisions on handling of administrative violations
1. To review and evaluate the enforcement of law provisions on handling of administrative violations; encourage and commend agencies, organizations and individuals with achievements in the enforcement of law provisions on handling of administrative violations; detect limitations, problems, inadequacies, errors and violations in the enforcement of law provisions on handling of administrative violations in order to promptly rectify, handle and overcome them.
2. To prevent and fight against violations in the enforcement of law provisions on handling of administrative violations; strengthen administrative discipline in organizing the enforcement and application of laws to ensure the effectiveness and efficiency of the enforcement of law provisions on handling of administrative violations.
3. To detect regulations that are unrelated, inconsistent, or impractical in order to promptly amend, supplement, abolish or promulgate new legal documents on handling of administrative violations or other relevant legal documents.
Article 4. Principles of inspection and disciplinary actions in the enforcement of law provisions on handling of administrative violations
1. The inspection and disciplinary actions shall be carried out in an objective, public and transparent manner in accordance with the statutory authority, order, and procedures.
2. The coordination among concerned agencies shall be ensured while the conduct of other inspection and examination activities imposed on a unit at the same time shall not be overlapped. It shall also not hinder or affect the normal operation of the inspected subjects.
Th inspection of competent agencies and persons shall be combined with the self-inspection of the inspected subjects.
3. The inspection conclusions shall be fully and timely carried out by the inspected subjects, concerned agencies, organizations, and individuals. Violations, recommendations, and requests included in the inspection conclusions shall be promptly and strictly implemented upon the proper violators in line with the nature and seriousness of the violations.
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