Decree No. 65/2008/ND-CP dated May 20, 2008 of the Government defining the functions, tasks, powers and organizational structure of the Government Inspectorate

DECREE

DEFINING THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE GOVERNMENT INSPECTORATE

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the Government’s Decree No.178/2007/ND-CP dated December 3, 2007, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies;
At the proposal of the General Inspector;

DECREES:

Article 1. - Position and functions

The Government Inspectorate is a ministerial-level agency of the Government and functions to perform the state management of inspection, settlement of complaints and denunciations, and prevention and combat of corruption.

Article 2. - Tasks and powers

The Government Inspectorate shall perform the tasks and exercise the powers prescribed in the Government's Decree No. 178/2007/ND-CP dated December 3, 2007, defining the functions,

tasks, powers and organizational structures of ministries and ministerial-level agencies, and have 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, settlement of complaints and denunciations, and prevention and combat corruption under its approved annual law-making programs and plans, and other projects and draft legal documents as assigned by the Government.

2. To submit to the Prime Minister strategies, programs, and long-term, five-year and annual plans on inspection and settlement of complaints and denunciations, and prevention and combat of corruption; draft decisions and directives and other documents falling under the Prime Minister’s competence.

3. To promulgate decisions, directives and circulars on inspection, 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, programs and plans on inspection, settlement of complaints and denunciations, and prevention and combat of corruption; to propagate disseminate and educate about laws and information on inspection, settlement of complaints and denunciations, and prevention and combat of corruption.

5. Regarding inspection:

a/ 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 for short) in implementing policies and laws and performing their tasks; to inspect cases involving state management responsibilities of many ministries, ministerial-level agencies and provincial-level People's Committees;

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

c/ To propose competent state agencies to suspend the implementation of, or annul, regulations contrary to law which are detected through inspection;

d/ To monitor, examine and urge the implementation of inspection-related conclusions, proposal and decisions of the Government Inspectorate and the Prime Minister;

e/ To guide and examine ministries, ministerial-level agencies and provincial-level People’s Committees in formulating and implementing inspection programs and plans of ministries, branches and localities.

6. Regarding settlement of complaints and denunciations:

a/ To receive citizens; to receive and handle written complaints and denunciations; to settle complaints and denunciations according to its competence;

b/ To assume the prime responsibility for, and coordinate with concerned agencies in, receiving citizens at citizen reception offices of the Party Central Committee and the State;

c/ To supervise, examine and urge the implementation of decisions of the Government Inspectorate and the Prime Minister on settlement of complaints or denunciations.

7. Regarding prevention and combat of corruption.

a/ To direct and guide the inspection of the observance of the law on corruption prevention and combat;

b/ To inspect ministries, ministerial-level agencies, government-attached agencies and provincial-level People's Committees in implementing the law on corruption prevention and combat according to its competence or as instructed by the Prime Minister; to coordinate with agencies and organizations in detecting acts of corruption; to urge the handling of persons committing acts of corruption according to law and the personnel management decentralization of the Party and the Government;

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

d/ To coordinate with the State Audit, the Ministry of Public Security, the Supreme People's Court and the Office of the Central Steering Committee for Corruption Prevention and Combat in supplying and exchanging information, documents and experience related to corruption prevention and combat; to send dossiers of corruption cases to competent state agencies for handling; to synthesize, evaluate and forecast the corruption situation and propose policies and solutions to prevent and combat corruption.

8. In the course of performing the tasks of inspection, settlement of complaints and denunciations, and prevention and combat of corruption, the Government Inspectorate may exercise its powers as prescribed by law and may request concerned agencies and units to assign their cadres and public employees to join inspection teams.

9. To synthesize and report on the results of inspection and settlement of complaints and denunciations, and prevention and combat of corruption falling under the Government's state management; to sum up experience in inspection and settlement of complaints and denunciations, and prevention and combat of corruption.

10. To under international cooperation on inspection, settlement of complaints and denunciations' and prevention and combat of corruption.

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

12. 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.

13. To assume the prime responsibility for, and coordinate with the Ministry of Home Affairs in, promulgating documents guiding the functions, tasks, powers and organizational structures of state inspection agencies.

14. To direct and guide the organization and operations of inspection; to train public inspectors in professional skills; to manage public inspectors of different ranks according to law; to promulgate standards on professional qualifications and skills for the titles of Chief Inspector of ministries and ministerial-level agencies and Chief Inspector of provinces and centrally run cities (below referred to as provincial-level Chief Inspector).

15. To formulate and submit to competent authorities for approval its annual payroll plans; to review, report on and manage its organizational apparatus and cadres, public employees and servants of the Government Inspectorate according to regulations.

16. To manage and direct the operation of its non-business organizations according to law.

i7. To manage finance and assets assign to it and disburse allocated state budget according to law.

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

Article 3. - Tasks and powers of the General Inspector

The General Inspector shall perform tasks and exercise powers specified in Article 16 of the Inspection Law, the Law on Organization of the Government, the Working Regulation of the Government promulgated together with the Government's Decree No.179/2007/ND-CP dated December 3,2007, other relevant legal documents and this Decree, and have the following specific tasks and powers:

1. To lead and direct inspection work within the Government's state management’s scope; to organize the implementation of strategies,

programs and plans on inspection, settlement of complaints and denunciations, and combat of corruption approved by the Prime Minister falling under its management; to decide on the inspection according to his/her competence when detecting signs of violation of law;

2. To directly direct the inspection and examination of responsibilities of ministers, heads of ministerial-level agencies, of government-attached agencies, and presidents of provincial-level People’s Committees and central-level societies and mass organizations in observing the law on Inspection, settlement of complaints and denunciations, and prevention and combat of corruption;

3. To assume the prime responsibility for handling any coincidence of time and overlap of contents of inspection or examination conducted by inspection or examination teams set up under decisions of ministers, heads of ministerial-level agencies, heads of government-attached agencies or presidents of provincial-level People's Committees;

4. To settle complaints which have been settled by heads of government-attached agencies, but are further lodged;

5. To verify and conclude on contents of denunciations falling under the Prime Minister’s handling competence and propose settlement measures when so assigned;

6. To study and conclude on contents of denunciations which have been settled by ministers, heads of ministerial-level agencies, heads of government-attached agencies or presidents of provincial-level People's Committees in contravention of law; when concluding that the settlement of a denunciation violates law, to request the settler to reconsider and resettle it;

7. To organize and direct the inspection of the observance of the law on corruption prevention and combat, and corruption prevention and combat in inspection activities;

8. To reach agreement with ministers, heads of ministerial-level agencies and presidents of provincial-level People's Committees on the appointment, relief from duty, dismissal of Chief Inspectors of ministries, ministerial-level agencies and provincial-level chief Inspectors; to manage and appoint inspectors of different ranks according to law;

9. To perform other tasks and exercise other powers according to law.

Article 4. - Organizational structure

1. The Legal Department.

2. The Organization and Personnel Department

3. The International Cooperation Department.

4. The Office.

5. The Department for Inspection of the Branch Economy Sector (Department I).

6. The Department for Inspection of the General Economic and Domestic Political Affairs Sectors (Department II).

7. The Department for Inspection of the Cultural and Social Affairs Sector (Department III).

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

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

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

11. The Bureau for Corruption Prevention and Combat (Bureau IV).

12. The Inspection Science Institute.

13. The InspectorsSchool.

14. The Inspection Newspaper.

15. The Inspection Review.

16. The InformationCenter.

The units defined from Clauses 1 thru 11 of this Article shall assist the Inspector General in performing the state management function; the units defined from Clauses 12 thru 16 are non-business units.

The Office, Departments and Bureaus may organize sections.

Article 5. - Implementation effect and responsibilities

1. This Decree takes effect 15 days after its publication in "CONG BAO" and replaces the Government's Decree No. 55/2005/ND-CP dated April 25, 2005, defining the functions, tasks, powers and organizational structure of the Government Inspectorate.

2. To annul all previous provisions which are contrary to this Decree.

3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and presidents of provincial/municipal People's Committees shall implement this Decree.