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

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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
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Official number:50/2018/ND-CPSigner:Nguyen Xuan Phuc
Type:DecreeExpiry date:
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Issuing date:09/04/2018Effect status:
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Fields:Organizational structure

SUMMARY

The Government Inspectorate’s tasks in prevention and combat of corruption

On April 09, 2018, the Government issues the Decree No. 50/2018/ND-CP on defining the functions, tasks, powers and organizational structure of the Government Inspectorate of Vietnam.

Accordingly, 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.

Regarding the prevention and combat of corruption field, the Government Inspectorate of Vietnam shall perform some tasks such as:

- To inspect the implementation of the law against corruption by ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees; 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;

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

- To coordinate with the related units 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…

This Decree takes effect on May 29, 2018.

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THE GOVERNMENT

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

No. 50/2018/ND-CP

Hanoi, April 9, 2018

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;

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