Chương 2 Luật Thanh tra 2004: Tổ chức, nhiệm vụ, quyền hạn của các cơ quan thanh tra nhà nước

Chapter II

ORGANIZATION, TASKS AND POWERS OF STATE INSPECTION AGENCIES

Section 1. INSPECTION AGENCIES ORGANIZED ACCORDING TO ADMINISTRATIVE LEVELS

Article 13.- Organization of inspection agencies according to administrative levels

Inspection agencies organized according to administrative levels include:

1. The Government Inspectorate;

2. Inspectorates of the provinces or centrally-run cities (collectively called provincial inspectorates);

3. Inspectorates of rural districts, urban districts, provincial capitals or provincial towns (collectively called district inspectorates).

Article 14.- The Government Inspectorate

1. The Government Inspectorate is an agency of the Government, answerable to the Government for performing the State management over inspection work and performing and exercising the inspection tasks and powers within the Government’s State management scope.

2. The Government Inspectorate consists of the Inspector General, Deputy Inspector General and inspectors.

The Inspector General is a cabinet member recommended by the Prime Minister to the National Assembly for approval and to the State President for appointment, dismissal or removal from office. The Inspector General is answerable to the National Assembly and the Prime Minister for inspection work.

3. Structure and organizational apparatus of the Government Inspectorate are prescribed by the Government.

Article 15.- Tasks and powers of the Government Inspectorate

1. To inspect the implementation of policies and laws, the performance of tasks by the ministries, the ministerial-level agencies, the Government-attached agencies and the People’s Committees of the provinces or centrally-run cities.

2. To inspect cases related to the management responsibilities of many ministries, ministerial-level agencies, Government-attached agencies or People’s Committees of many provinces or centrally-run cities.

3. To inspect other cases assigned by the Prime Minister.

4. To perform the task of settling complaints and denunciations according to law provisions on complaints and denunciations.

5. To perform the task of preventing and combating corruption according to law provisions against corruption.

6. To compile legal documents on inspection, complaints, denunciations or corruption combat, then submit them to competent authorities for promulgation or promulgate them according to its competence; to guide, propagate, examine or inspect the observance of law provisions on inspection, complaints, denunciations or corruption combat.

7. To direct and guide the inspection work, organization and professional operations; to provide professional inspection training to the contingent of officials and State employees engaged in inspection work.

8. To sum up and report on results of inspection and settlement of complaints and denunciations or corruption combat within the State management scope of the Government; to sum up experiences in inspection work.

9. To enter into international cooperation in inspection, settlement of complaints and denunciations and corruption combat.

10. To perform other tasks and powers as prescribed by law.

Article 16.- Tasks and powers of the Inspector General

1. To lead and direct the inspection work within the State management scope of the Government.

2. To work out inspection programs and plans, then submit them to the Prime Minister for decision, and organize the implementation thereof.

3. To propose to the Prime Minister for decision or to decide on his/her own the inspection upon detecting signs of law violations.

4. To request the ministers, the heads of the ministerial-level agencies (collectively called ministers), the presidents of the People’s Committees of the provinces or centrally-run cities to conduct inspection within the management scope of such ministries or ministerial-level agencies (collectively called ministries) or the People’s Committees of the provinces or centrally-run cities (collectively called the provincial-level People’s Committees).

5. To propose ministers to suspend the implementation of, or annul regulations promulgated by their ministries which are contrary to the legal documents of the State or the Inspector General on inspection work. If ministers refuse to suspend or annul such documents, he/she shall submit them to the Prime Minister for decision.

6. To suspend the implementation of, and request the Prime Minister to annul regulations of the provincial-level People’s Committees or the provincial-level People’s Committee presidents, which are contrary to the Inspector General’s documents on inspection work.

7. To propose the Prime Minister to examine liability and handle persons committing violation acts, who are under the Prime Minister’s management; to coordinate with the heads of agencies or organizations in examining liability and handle persons committing violation acts who are under the management of such agencies or organizations.

8. To examine inspection work-related matters on which the ministerial chief inspectors disagree with the ministers, or the provincial chief inspectors disagree with the provincial People’s Committee presidents, and request the ministers or the provincial People’s Committee presidents to re-examine them. In cases where the ministers or the provincial People’s Committee presidents refuse to re-examine or have made the re-examinations but the Inspector General disagrees therewith, he/she shall report such to the Prime Minister for decision.

9. Leaders of the Government Inspectorate shall perform the tasks and exercise the powers according to the provisions of this Law and other law provisions.

Article 17.- Provincial inspectorates

1. Provincial inspectorates are professional agencies under the provincial-level People’s Committees, having the responsibility to assist the People’s Committees of the same level in inspection work, and performing and exercising the administrative inspection tasks and powers within the State management scope of the provincial-level People’s Committees.

2. A provincial inspectorate consists of chief inspector, deputy chief inspector and inspectors.

Provincial chief inspectors shall be appointed, dismissed or removed from office by the presidents of the People’s Committees of the same level after reaching agreement with the Inspector General.

3. Provincial inspectorates directly submit to the direction by the People’s Committees of the same level and concurrently submit to the working, organizational and professional direction and guidance by the Government Inspectorate.

Article 18.- Tasks and powers of provincial inspectorates

1. To inspect the implementation of policies and laws, the performance of tasks by the People’s Committees of rural districts, urban districts, provincial capitals or provincial towns (collectively called district-level People’s Committees), or the professional agencies of the provincial-level People’s Committees (collectively called provincial services).

2. To inspect cases and matters related to responsibilities of many People’s Committees of rural districts, urban districts, provincial capitals, provincial towns or many provincial services.

3. To inspect other cases and matters assigned by the provincial-level People’s Committee presidents.

4. To perform the task of settling complaints and denunciations according to law provisions on complaints and denunciations.

5. To perform the task of preventing and combating corruption according to law provisions against corruption.

6. To guide administrative inspection work and professional operations; to coordinate with the concerned agencies and organizations in guiding regimes, policies towards, and organization and payrolls of, district inspectorates, inspectorates of professional agencies under the provincial-level People’s Committees (collectively called provincial services’ inspectorates).

7. To sum up and report on results of the inspection work and settlement of complaints and denunciations or corruption combat within the State management scope of the provincial-level People’s Committees.

8. To perform other tasks and powers as prescribed by law.

Article 19.- Tasks and powers of provincial chief inspectors

1. To lead and direct the inspection works within the State management scope of the provincial-level People’s Committees.

2. To work out inspection programs and plans, then submit them to the provincial-level People’s Committee presidents for decision, and organize the implementation thereof.

3. To propose the provincial-level People’s Committee presidents to decide on inspection when detecting signs of law violations.

4. To request the heads of the professional agencies of the provincial-level People’s Committees (collectively called provincial services’ directors) or the district-level People’s Committee presidents to conduct inspection within the management scope of the provincial services or district-level People’s Committees.

5. To propose the provincial-level People’s Committee presidents to examine liability and handle violators under the management of the provincial-level People’s Committee presidents; to coordinate with the heads of agencies or organizations in examining liability and handle violators under the management of such agencies or organizations.

6. To request the provincial-level People’s Committee presidents to settle matters related to inspection work. To report to the Inspector General in cases where such requests are not accepted.

7. To examine inspection-related matters on which the provincial services’ chief inspectors disagree with the services’ directors, or the district chief inspectors disagree with the district-level People’s Committee presidents, and request the provincial services’ directors or the district-level People’s Committee presidents to re-examine them. To report such to the provincial-level People’s Committee presidents for decision in cases where the provincial services’ directors or the district-level People’s Committee presidents refuse to re-examine or have made the re-examinations but the provincial chief inspectors disagree therewith.

8. To lead their provincial inspection agencies in performing and exercising the powers and tasks according to the provisions of this Law and other law provisions.

Article 20.- District inspectorates

1. District inspectorates are professional agencies under the district-level People’s Committees, having the responsibility to assist the People’s Committees of the same level in State management over inspection work, and performing and exercising the tasks and powers of administrative inspection within the State management scope of the district-level People’s Committees.

2. A district inspectorate consists of chief inspector, deputy chief inspector and inspectors.

District chief inspectors shall be appointed, dismissed or removed from office by the district-level People’s Committee presidents after reaching agreement with the provincial chief inspectors.

3. District inspectorates submit to the personal direction of the presidents of the People’s Committees of the same level, and concurrently submit to working and professional guidance in the administrative inspection of the provincial inspectorates .

Article 21.- Tasks and powers of district inspectorates

1. To inspect the implementation of policies and laws and the performance of tasks by the People’s Committees of communes, wards or district townships, or the professional agencies of the district-level People’s Committees.

2. To inspect cases and matters related to the responsibilities of People’s Committees of many communes, wards or district townships, or many professional agencies of the district-level People’s Committees.

3. To inspect other cases and matters assigned by the district-level People’s Committee presidents.

4. To perform the task of settling complaints and denunciations according to law provisions on complaints and denunciations.

5. To perform the task of preventing and combating corruption according to law provisions against corruption.

6. To sum up and report on results of inspection work, settlement of complaints and denunciations or corruption combat within the management scope of the district-level People’s Committees.

7. To perform other tasks and powers as prescribed by law.

Article 22.- Tasks and powers of district chief inspectors

1. To lead and direct the inspection work within the State management scope of the district-level People’s Committees.

2. To work out inspection programs and plans, then submit them to the district-level People’s Committee presidents for decision, organize the implementation thereof.

3. To propose the district-level People’s Committee presidents to decide on the inspection when detecting signs of law violations.

4. To request of the heads of the professional agencies of the district-level People’s Committees to conduct inspection within the ambit of responsibility of such agencies.

5. To propose the district-level People’s Committee presidents to examine liability and handle violators under the management of the district-level People’s Committee presidents; to coordinate with the heads of agencies or organizations in examining liability and handling violators under the management of such agencies or organizations.

6. To request the district-level People’s Committee presidents to settle matters related to inspection work. In cases where such requests are not accepted, to report such to the provincial chief inspectors.

7. To lead their district inspectorates in performing and exercising the tasks and powers according to the provisions of this Law and other law provisions.

Section 2. INSPECTION AGENCIES ORGANIZED ACCORDING TO BRANCHES OR DOMAINS

Article 23.- Organization of inspection agencies according to branches or domains

1. Inspection agencies organized according to branches or domains include:

a/ Inspectorates of ministries or ministerial-level agencies (collectively called ministerial inspectorates). Ministerial inspectorates include administrative inspectorate and specialized inspectorate.

The Government-attached agencies with the function of State management according to branches and domains may establish their inspectorates. Organization, tasks and powers of inspectorates of the Government-attached agencies shall comply with those applicable to the ministerial inspectorates;

b/ Provincial services’ inspectorates

Provincial services’ inspectorates are established at provincial services performing the State management task according to the authorization of the People’s Committees of the same level or according to law provisions.

2. The Government specifies the organization of ministerial inspectorates and the establishment of provincial services’ inspectorates.

Article 24.- Ministerial inspectorates

1. Ministerial inspectorates are agencies of ministries, having the responsibility to assist ministers in the State management over inspection work, performing the tasks and powers of administrative inspection and specialized inspection in domains under the State management scope of ministries.

2. A ministerial inspectorate consists of chief inspector, deputy chief inspector and inspectors.

Ministerial chief inspectors are appointed, dismissed or removed from office by ministers after reaching agreement with the Inspector General.

3. Ministerial inspectorates submit to the personal direction of ministers and concurrently submit to the working, organizational and professional direction and guidance of the Government Inspectorate.

Article 25.- Tasks and powers of ministerial inspectorates

1. To inspect the implementation of policies and laws, the performance of tasks by agencies and units under the direct management of ministries.

2. To inspect the observance of specialized legislation by agencies, organizations and individuals within the scope of State management according to branches or domains under the charge of ministries.

3. To sanction administrative violations according to law provisions on handling of administrative violations.

4. To inspect other cases assigned by ministers.

5. To perform the task of settling complaints and denunciations according to law provisions on complaints and denunciations.

6. To perform the task of preventing and combating corruption according to law provisions on corruption combat.

7. To provide professional guidance on specialized inspection to provincial services’ inspectorates; guide and inspect units attached to ministries in observing law provisions on inspection work.

8. To sum up and report on results of inspection work, settlement of complaints and denunciations, corruption combat within the State management scope of ministries.

9. To perform other tasks and powers as prescribed by law.

Article 26.- Tasks and powers of ministerial chief inspectors

1. To lead and direct inspection work within the State management scope of ministries.

2. To work out inspection programs and plans, then submit them to ministers for decision, and organize the implementation thereof.

3. To propose ministers to decide on the inspection when detecting signs of law violations.

4. To request ministers to temporarily suspend the execution of illegal inspection decisions of agencies and units under the direct management of ministries.

5. To sanction administrative violations according to law provisions on handling of administrative violations.

6. To request ministers to examine liability and handle violators under their respective management; to coordinate with the heads of agencies or organizations in examining liability and handle violators under management of such agencies or organizations.

7. To request ministers to settle matters related to inspection work. In cases where such requests are not accepted, to report such to the Inspector General.

8. To lead their ministerial inspectorates in performing the tasks and powers according to the provisions of this Law and other law provisions.

Article 27.- Provincial services’ inspectorates  

1. Provincial services’ inspectorates are agencies of provincial services, having the responsibility to assist directors of provincial services in performing the administrative inspection and specialized inspection tasks and powers within the ambit of tasks and powers of the provincial services’ directors.

2. A provincial service’s inspectorate consists of chief inspector, deputy chief inspector and inspectors.

Provincial services’ chief inspectors shall be appointed, dismissed or removed from office by the provincial services’ directors after reaching agreement with provincial chief inspectors.

3. Provincial services’ inspectorates shall submit to the personal direction of provincial services’ directors, and concurrently submit to the provincial inspectorates’ working and professional guidance on administrative inspection, and the ministerial inspectorates’ professional guidance on specialized inspection.

Article 28.- Tasks and powers of provincial services’ inspectorates

1. To inspect the implementation of policies and laws, the performance of tasks by agencies and units under the direct management of provincial services.

2. To inspect the observance of specialized legislation by agencies, organizations and individuals in management domains under the charge of provincial services.

3. To sanction administrative violations according to law provisions on handling of administrative violations.

4. To inspect other cases assigned by directors of provincial services.

5. To perform the task of settling complaints and denunciations according to law provisions on complaints and denunciations.

6. To perform the task of preventing and combating corruption according to law provisions on corruption combat.

7. To guide and inspect units under provincial services in observing law provisions on inspection work.

8. To sum up and report on results of inspection work, settlement of complaints and denunciations, corruption combat within the State management scope of provincial services.

9. To perform other tasks and powers as prescribed by law.

Article 29.- Tasks and powers of provincial services’ chief inspectors

1. To lead and direct inspection work within the State management scope of provincial services.

2. To work out inspection programs and plans, then submit them to directors of provincial services for decision, and organize the implementation thereof.

3. To propose directors of provincial services to decide on the inspection when detecting signs of law violations.

4. To request directors of provincial services to temporarily suspend the execution of illegal inspection decisions of units under the management of provincial services.

5. To sanction administrative violations according to law provisions on handling of administrative violations.

6. To request directors of provincial services to examine liability and handle violators under management of directors of provincial services.

7. To request directors of provincial services to settle matters related to inspection work. In cases where such requests are rejected, to report such to provincial chief inspectors.

8. To lead their provincial services’ inspectorates in performing and exercising tasks and powers according to the provisions of this Law and other law provisions.

Section 3. INSPECTORS, INSPECTION COLLABORATORS

Article 30.- Inspectors

Inspectors are State employees appointed to the inspection rank to perform the inspection tasks. Inspectors shall be provided uniforms and inspector’s cards.

The inspection rank, the appointment, dismissal and removal from office of inspectors shall be prescribed by the Government.

Article 31.- General criteria of inspectors

1. Persons appointed to the inspection rank must fully meet the following criteria:

a/ Being loyal to the Fatherland and the Constitution of the Socialist Republic of Vietnam; having good ethical qualities, good sense of responsibility, being incorruptible, honest, just and objective;

b/ Having university degree, and State management and legal knowledge; particularly, specialized inspectors must also have professional knowledge of their respective specialized branches;

c/ Having professional inspection skills;

d/ Having been engaged in inspection work for at least two years, for persons newly recruited into the inspection branch (excluding probation period); for officials and State employees transferred from other agencies or organizations to State inspection agencies, they must have been engaged in inspection work for at least one year.

2. Basing itself on the criteria prescribed in Clause 1 of this Article, the Government shall prescribe specific criteria for inspectors of each inspection rank.

Article 32.- Inspection collaborators

In inspection activities, inspection agencies may requisition collaborators.

Inspection collaborators are those having professional knowledge suitable to inspection tasks.

Specific criteria, regimes and responsibilities applicable to inspection collaborators; and the requisition of collaborators shall be prescribed by the Government.

Article 33.- Responsibilities of inspectors and inspection collaborators

When conducting inspection, inspectors or inspection collaborators must comply with law and be responsible before law for the performance of their assigned tasks. Inspectors shall also be responsible before the heads of the direct managing agencies for inspection tasks.

Inspectors and inspection collaborators who commit acts of law violation shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability. If damage is caused, compensations or indemnities therefor must be paid according to law provisions.