Decree No. 50/2018/ND-CP dated April 09, 2018 of the Government on defining the functions, tasks, powers and 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;

Pursuant to the November 15, 2010 Law on Inspection;

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;

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 nationwide; and inspect, settle complaints and denunciations and prevent and combat corruption in accordance with law.

Article 2.Tasks and powers

The Government Inspectorate of Vietnam shall perform the tasks and exercise the powers prescribed 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, and has the following specific tasks and powers:

1. To submit to the Government bills and draft resolutions of the National Assembly, draft ordinances and resolutions of the National Assembly Standing Committee, and draft resolutions and decrees of the Government on inspection, citizen reception, settlement of complaints and denunciations, and prevention and combat of corruption 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 Prime Minister for approval annual tentative inspection programs and draft decisions, directives and other documents on inspection, citizen reception, settlement of complaints and denunciations, and prevention and combat of corruption falling under the Prime Minister’s competence, and organize the implementation thereof.

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

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

5. Regarding inspection:

a/ To work out its inspection plans; to guide inspectorates of ministries and ministerial-level agencies (below referred to as ministerial-level inspectorates for short) and inspectorates of provinces and centrally run cities (below referred to as provincial-level inspectorates for short) in working out and implementing their inspection plans;

b/ To inspect ministries, ministerial-level agencies, government-attached agencies and People’s Committees of provinces and centrally run cities (below referred to as provincial-level People’s Committees) in implementing policies and laws, performing their tasks and exercising their powers; to inspect state enterprises established under decisions of the Prime Minister; and to inspect complicated cases involving state management responsibilities of many ministries, ministerial-level agencies and provincial-level People’s Committees;

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

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

dd/ To decide on re-inspection of cases already concluded by ministers in which signs of violation are detected, as assigned by the Prime Minister; to decide on re-inspection of cases already concluded by chairpersons of provincial-level People’s Committees or chief inspectors of ministerial-level inspectorates or provincial-level inspectorates in which signs of violation are detected;

e/ To propose ministers and request chairpersons of provincial-level People’s Committees to conduct inspection within the scope of their respective management when detecting signs of violation; if its proposals or requests are disagreed by ministers or chairpersons of provincial-level People’s Committees, to issue inspection decisions and reports and take responsibility before the Prime Minister for such decisions;

g/ To assume the prime responsibility for handling overlap in the scope, subjects, contents and time of inspection among ministerial-level inspectorates and between ministerial-level and provincial-level inspectorates;

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

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

k/ To request ministers to terminate the implementation of or annul a legal document issued by their ministries against regulations of superior state agencies or the Inspector General on inspection work; in case a minister refuses to terminate or annul such legal document, to submit the case to the Prime Minister for decision;

l/ To terminate the implementation and propose the Prime Minister to annul regulations of provincial-level People’s Committees or their chairpersons which are against regulations of superior state agencies or the Inspector General on inspection work;

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

n/ To propose the Prime Minister to examine the responsibility of and handle persons under the management of the Prime Minister who commit illegal acts detected through inspection or who fail to implement inspection conclusions and handling decisions; to request heads of agencies or organizations to examine the responsibility of and handle persons under the management of such agencies or organizations who commit illegal acts detected through inspection or who fail to implement inspection conclusions and handling decisions.

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

a/ To receive citizens; to receive and settle written complaints and denunciations; 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 citizen reception offices of the Party Central Committee and the State in Hanoi and Ho Chi Minh City;

c/ To verify contents of denunciations; conclude on verified contents and recommend measures to settle denunciations under the settlement competence of the Prime Minister when so assigned;

d/ To review and conclude on 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 concluding the settlement of a denunciation violates the law, to report it to the Prime Minister for consideration and re-settlement;

dd/ To assist the Prime Minister in supervising, examining and urging ministries, ministerial-level agencies, government-attached agencies or provincial-level People’s Committees in the citizen reception, settlement of complaints and execution of complaint settlement decisions which have become effective.

e/ To assume the prime responsibility for, and coordinate with competent state agencies in, building the national database on complaints and denunciations.

7. Regarding prevention and combat of corruption:

a/ To organize, direct and guide inspection of the implementation of the regulations against corruption, and prevent and combat corruption in inspection work;

b/ To inspect the implementation of the law against corruption by ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees according to its competence or as directed by the Prime Minister; to take the initiative in coordinating with agencies and organizations in detecting acts of corruption; to inspect cases showing signs of corruption; to urge the handling of persons committing acts of corruption in accordance with law and the decentralization of the management of Party and Government personnel;

c/ To assume the prime responsibility for, and coordinate with competent state agencies in, building a common database on corruption prevention and combat;

d/ To coordinate with the State Audit, 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 anti-corruption work; to summarize, assess and forecast the corruption situation and propose policies and solutions against corruption.

8. In the course of performing the tasks of inspection, settlement of complaints and denunciations, and prevention and combat of corruption, 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, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees to report on the situation and results of inspection, settlement of complaints and denunciations and prevention and combat of corruption.

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

11. To perform the function of the national focal point in implementing the United Nations Convention against Corruption; to implement international cooperation on inspection, 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.

13. To decide on and implement 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 train inspectors in professional skills; to manage and appoint inspectors of different ranks in accordance with law; to grant inspector cards to civil servants and officers appointed to different inspector ranks in the entire inspection sector; to promulgate standards on professional qualifications and skills for the titles of chief inspectors and deputy chief inspectors of ministerial-level and provincial-level inspectorates.

To reach agreement with ministers, heads of ministerial-level agencies and chairpersons of provincial-level People’s Committees on the appointment, relief from office and dismissal of chief inspectors of ministerial-level and provincial-level inspectorates.

15. To manage the organizational apparatus and state payrolls; cadres, civil servants and public employees; to 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 manage finance and assets assigned to it and use budget allocations in accordance with law.

18. To perform other tasks as assigned by the Government or Prime Minister, or as prescribed by law.

Article 3.Organizational structure

1. The Legal Affairs Department.

2. The Organization and Personnel Department.

3. The International Cooperation Department.

4. The Planning and General Affairs Department.

5. The Office.

6. The Department for Supervision, Appraisal and Post-Inspection Handling.

7. The Department for Sectoral Economic Complaint and Denunciation Inspection and Settlement (Department I).

8. The Department for Internal Affairs and General Economic Complaint and Denunciation Inspection and Settlement (Department II).

9. The Department for Socio-Cultural Complaint and Denunciation Inspection and Settlement (Department III).

10. The Bureau for Inspection and Settlement of Complaints and Denunciations in Region l (Bureau I).

11. The Bureau for Inspection and Settlement of Complaints and Denunciations in Region 2 (Bureau II).

12. The Bureau for Inspection and Settlement of Complaints and Denunciations in Region 3 (Bureau III).

13. The Bureau for Prevention and Combat of Corruption (Bureau IV).

14. The Central Committee for Citizen Reception.

15. The Inspection Strategy and Science Institute.

16. The Inspection Newspaper.

17. The Inspection Magazine.

18. The Inspectors Training School.

19. The Information Center.

The units specified  in Clauses 1 thru 14 of this Article shall assist the Inspector General in performing the state management function; the units specified in Clauses 15 thru 19 are non-business units.

The Legal Affairs Department and International Cooperation Department have 2 divisions each; the Planning and General Affairs Department and Department for Supervision, Appraisal and Post-Inspection Handling have 3 divisions each; the Organization and Personnel Department has 4 divisions; the Office has 5 divisions; Bureaus I, II and II have 4 divisions each; Bureau IV and the Central Committee for Citizen Reception have 5 divisions each.

The Central Committee for Citizen Reception has its own seal and 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 the functions, tasks, powers and organizational structures of departments, bureaus and units of the Government Inspectorate of Vietnam.

Article 4.Effect

1. This Decree takes effect on May 29, 2018.

2. This Decree replaces the Government’s Decree No. 83/2012/ND-CP of October 9, 2012, defining the functions, tasks, powers and organizational structure of the Government Inspectorate.

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
NGUYEN XUAN PHUC