Chapter I
GENERAL PROVISIONS
Article 1.- Scope of regulation
This Law prescribes the organization and activities of the State’s inspection and people’s inspection.
Article 2.- Scope of inspection
The State inspection agencies inspect the implementation of policies and laws, the performance of tasks by agencies, organizations or individuals under the management of State management agencies of the same level.
The people’s inspection boards supervise the implementation of policies and laws, the settlement of complaints and denunciations, the implementation of the grassroots democracy regulation by responsible agencies, organizations and individuals in communes, wards, district townships, State agencies, non-business units and State enterprises.
Article 3.- Inspection purposes
Inspection activities aim to prevent, detect and handle acts of law violation; detect loopholes in the management mechanisms, policies and laws, then propose remedial measures to competent State agencies; promote positive factors; contribute to raising the effectiveness and efficiency of State management activities; protect the State’s interests, rights and legitimate interests of agencies, organizations and individuals.
Article 4.- Interpretation of terms
In this Law, the following terms are construed as follows:
1. State inspection means the examination, assessment and handling by State management agencies of the implementation of policies and laws, the performance of tasks by agencies, organizations or individuals under their management according to the competence, order and procedures prescribed in this Law and other law provisions. The State inspection includes administrative inspection and specialized inspection.
2. Administrative inspection means inspection activities of State management agencies according to administrative levels over the implementation of policies and laws and the performance of tasks by agencies, organizations or individuals under their direct management.
3. Specialized inspection means inspection activities of State management agencies according to branches or domains over the implementation of laws, professional-technical regulations and/or management rules of branches and domains by agencies, organizations or individuals under their management.
4. People’s inspection means the form of people’s supervision through the people’s inspection boards over the implementation of policies and laws, the settlement of complaints and denunciations, the implementation of the grassroots democracy regulation by responsible agencies, organizations or individuals in communes, wards, district townships, State agencies, non-business units and State enterprises.
Article 5.- Principles of inspection activities
Inspection activities must comply with laws; ensure the accuracy, objectiveness, honesty, publicity, democracy and timeliness; not obstruct normal operations of agencies, organizations and individuals subject to the inspection.
Article 6.- Responsibilities of the heads of the State management agencies
The Prime Minister, the ministers, the heads of the ministerial-level agencies, the heads of the Government-attached agencies, the presidents of the People’s Committees of the provinces and centrally-run cities, the heads of the professional agencies under the People’s Committees of the provinces and centrally-run cities, the presidents of the People’s Committees of rural districts, urban districts, provincial capitals, provincial towns shall, within the ambit of their respective tasks and powers, have to organize and direct inspection activities, and promptly handle conclusions and proposals of inspection agencies.
Article 7.- Responsibilities of the heads of inspection agencies, the heads of inspection teams and inspectors
In inspection activities, the heads of inspection agencies, the heads of inspection teams and inspectors must comply with the provisions of this Law and other law provisions, and shall be held responsible before law for their acts and decisions.
Article 8.- Responsibilities and rights of agencies, organizations and individuals subject to inspection and the concerned agencies, organizations and individuals
1. Agencies, organizations and individuals subject to inspection shall have to execute inspection requests, petitions and decisions, may explain inspected contents, and have other rights and responsibilities according to this Law and other law provisions.
2. Agencies, organizations and individuals having information and documents related to the inspected contents must fully and promptly supply them at requests of the inspection agencies and take responsibility for the accuracy and truthfulness of the supplied information and documents.
Article 9.- Coordination between inspection agencies and concerned agencies and organizations
Inspection agencies shall, within the ambit of their tasks and powers, have to coordinate with the police, the procuracy and concerned agencies and organizations in preventing, detecting and handling law violation acts and crimes.
Article 10.- State inspection agencies
1. State inspection agencies include:
a/ Inspection agencies established according to administrative levels;
b/ Inspection agencies established at the branch- or domain-managing agencies.
2. The State inspection agencies submit to the personal direction of the heads of the State management agencies of the same level, and concurrently submit to the working, organizational and professional direction and guidance of the Government Inspectorate, as well as working and professional guidance of the superior inspection agencies.
Article 11.- People’s inspection boards
1. People’s inspection boards, which are established in communes, wards or district townships, shall be organizationally guided and operationally directed by Vietnam Fatherland Front Committees in such communes, wards or district townships.
People’s inspection boards, which are established in State agencies, non-business units or State enterprises, shall be organizationally guided and operationally directed by the grassroots Trade Union Executive Boards in such agencies, units or enterprises.
2. The presidents of the People’s Committees of communes, wards or district townships, the heads of the State agencies, non-business units and State enterprises shall have to create favorable conditions for the people’s inspection boards to perform their tasks.
Article 12.- Prohibited acts
1. Abusing positions or inspection powers to commit illegal acts, to harass for bribes, or cause difficulties and troubles for inspected subjects.
2. Conducting inspection beyond the competence, scope or contents stated in inspection decisions.
3. Intentionally making untruthful conclusions, illegal decisions or handling, covering up persons who commit acts of law violation.
4. Disclosing information and/or documents on inspected contents in the inspection process when no official conclusion is made yet.
5. Supplying inaccurate and untruthful information or documents; appropriating or destroying documents or material evidences related to inspected contents.
6. Opposing, obstructing, buying off, avenging or bullying persons performing inspection tasks or supplying information or documents for inspection activities; causing difficulties for inspection activities.
7. Illegally intervening in inspection activities.
8. Other acts strictly prohibited by law in inspection activities.
Tìm kiếm
Luật Thanh tra 2004 (Bản Word)