Chương 4 Luật Thanh tra 2004: Thanh tra nhân dân

Chapter IV

PEOPLE’S INSPECTORATE

Article 58.- Organization of People’s Inspectorate

People’s Inspectorate is organized in the form of people’s inspection boards.

People’s inspection boards are set up in communes, wards, district townships, State agencies, non-business units and State enterprises.

Article 59.- Tasks and powers of people’s inspection boards

1. To 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/or individuals in communes, wards, district townships, State agencies, non-business units or State enterprises.

2. Upon detecting signs of law violations, to request the competent persons to handle them according to law provisions and supervise the execution of such requests.

3. When necessary, to be assigned by the presidents of the People’s Committees of communes, wards or district townships, or the heads of the State agencies, non-business units and State enterprises to verify given cases.

4. To request the presidents of the People’s Committees of communes, wards or district townships, or the heads of the State agencies, non-business units or State enterprises to remedy loopholes or correct errors detected through the supervision; to guarantee rights and legitimate interests of citizens and laborers, and commend units and individuals that record achievements. Upon detecting persons who commit acts of law violation, to request competent agencies and organizations to examine and handle.

Section 1. PEOPLE’S INSPECTION BOARDS IN COMMUNES, WARDS OR DISTRICT TOWNSHIPS

Article 60.- Organization of people’s inspection boards in communes, wards or townships

1. People’s inspection boards in communes, wards or townships shall be elected by people’s conferences or people’s representatives’ conferences in villages, hamlets or population quarters.

Depending on the geographical area and population size of a commune, ward or district township, a people inspection board may consist of between five and eleven members.

Members of people’s inspection boards must not be incumbent officials of People’s Committees of communes, wards or district townships.

A term of office of people’s inspection boards in communes, wards or district townships is two years.

2. During the term of office, the people’s inspection board members who fail to accomplish their tasks or no longer win the people’s confidence shall be dismissed and replaced by others elected by the people’s conferences or people’s representatives’ conferences which have elected them at the requests of Vietnam Fatherland Front Committees of communes, wards or townships.

Article 61.- Operation of people’s inspection boards in communes, wards or district townships

1. People’s inspection boards in communes, wards or townships shall directly submit to the operation direction by Vietnam Fatherland Front Committees of the same level.

2. People’s inspection boards shall base themselves on resolutions of People’s Councils of communes, wards or townships, action programs and directions of Vietnam Fatherland Front Committees of communes, wards or district townships to set forth orientations and contents of their operation plans.

3. People’s inspection boards shall have to report on their operations to Vietnam Fatherland Front Committees of communes, wards or district townships. When necessary, the heads of people’s inspection boards shall be invited to attend meetings of People’s Councils, People’s Committees and Vietnam Fatherland Front Committees of communes, wards or district townships.

Article 62.- Responsibilities of People’s Committees of communes, wards or district townships

1. To brief the people’s inspection boards on major policies and laws related to organization, operation and tasks of the People’s Councils and People’s Committees of communes, wards or district townships; on annual socio-economic development objectives and tasks of the localities.

2. To request the concerned organizations and individuals to fully and promptly supply necessary information and documents to people’s inspection boards.

3. To examine and promptly handle proposals of people’s inspection boards, and notify handling results within 15 days after receiving such proposals; to handle persons who commit acts of obstructing operation of people’s inspection boards or persons who commit acts of avenging or bullying members of people’s inspection boards.

4. To notify the people’s inspection boards of results of the settlement of complaints and denunciations, or the implementation of the grassroots democracy regulation.

5. To provide funding or facility supports for the people’s inspection boards to operate according to law provisions.

Article 63.- Responsibilities of Vietnam Fatherland Front Committees of communes, wards or townships

1. To guide the organization of people’s conferences or people’s representatives’ conferences in villages, hamlets or population quarters for electing people’s inspection boards.

2. To issue documents recognizing people’s inspection boards and notify the recognition to the People’s Councils and People’s Committees of the same level and local people; to organize meetings of people’s inspection boards for electing boards’ heads, deputy heads and assigning tasks to each member.

3. To guide people’s inspection boards in working out their working programs and contents; to hear periodical reports on operation of people’s inspection boards; to urge the handling of requests of people’s inspection boards.

4. To encourage local people to support, coordinate and participate in activities of people’s inspection boards.

5. To certify written records and proposals of people’s inspection boards.

Section 2. PEOPLE’S INSPECTION BOARDS IN STATE AGENCIES, NON-BUSINESS UNITS OR STATE ENTERPRISES

Article 64.- Organization of people’s inspection boards in State agencies, non-business units or State enterprises

1. People’s inspection boards in State enterprises, non-business units or State enterprises shall be elected by employees’ conferences or employees’ representatives’ conferences.

A people’s inspection board consists of between 3 and 9 members being laborers or working in State agencies, non-business units or State enterprises.

A term of office of people’s inspection boards is 2 years.

2. During the term of office, the people’s inspection board members who fail to accomplish their tasks or no longer win confidence shall be dismissed and replaced by others elected by the employees’ conferences or employees’ representatives’ conferences at the requests of grassroots trade union executive boards.

Article 65.- Operation of people’s inspection boards in State agencies, non-business units or State enterprises

1. People’s inspection boards in State agencies, non-business units or State enterprises shall directly submit to the operation direction by grassroots trade union executive boards.

2. People’s inspection boards shall base themselves on resolutions of employees’ conferences or employees’ representatives’ conferences of State agencies, non-business units or State enterprises, and directions of grassroots trade union executive boards to work out quarterly and annual working programs.

3. People’s inspection boards shall have to report on their operations to grassroots trade union executive boards, employees’ conferences or employees’ representatives’ conferences of State agencies, non-business units or State enterprises.

Article 66.- Responsibilities of heads of State agencies, non-business units or State enterprises

1. To notify people’s inspection boards of the regimes, policies and other necessary information; to ensure interests of members of people’s inspection boards during the time such members perform their tasks.

2. To request units and individuals under their management to promptly and fully supply information and documents directly related to supervision contents for people’s inspection boards to perform their tasks.

3. To examine and promptly handle requests of people’s inspection boards; to notify handling results within 15 days after receiving such requests; to handle persons who commit acts of obstructing operation of people’s inspection boards or persons who commit acts of avenging or bullying members of people’s inspection boards.

4. To notify people’s inspection boards of the results of settlement of complaints and denunciations, or the implementation of grassroots democracy regulation.

5. To provide funding or facility supports for people’s inspection boards to operate according to law provisions.

Article 67.- Responsibilities of grassroots trade union executive boards

1. To coordinate with the heads of State agencies, non-business units or State enterprises in organizing employees’ conferences or employee representatives’ conferences to elect people’s inspection boards.

2. To issue documents recognizing people’s inspection boards and announce such recognition to officials and employees in State agencies, non-business units or State enterprises; to organize meetings of people’s inspection boards for electing their heads, deputy heads and assigning tasks to each member.

3. To guide people’s inspection boards in working out their working programs and contents; to hear periodical reports on operation results and handle requests of people’s inspection boards to grassroots trade union executive boards.

4. To encourage laborers in State agencies, non-business units or State enterprises to support and participate in activities of people’s inspection boards.

5. To certify written records and requests of people’s inspection boards.