Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Law provides for the organization and activities of state inspection and people's inspection.
Article 2. Purposes of inspection activities
Inspection activities aim to detect loopholes in management mechanisms, policies and laws, then recommend remedies to competent state agencies; prevent, detect and handle law violations; assist agencies, organizations and individuals in properly observing law; bringing into play positive factors; contribute to raising the effect and effectiveness of state management activities; and protect the interests of the State and the rights and legitimate interests of agencies, organizations and individuals.
Article 3. Interpretation of terms
In this Law the terms below are construed as follows:
1. State inspection means the examination, assessment and handling by competent state agencies of the implementation of policies and laws, and the performance of tasks and exercise of powers by agencies, organizations and individuals according to the order and procedures specified by law. State inspection includes administrative inspection and specialized inspection.
2. Administrative inspection means inspection conducted by competent state agencies of the implementation of policies and laws and the performance of tasks and exercise of powers by agencies, organizations and individuals under these agencies' management.
3. Specialized inspection means inspection conducted by competent slate agencies in specific sectors or domains of the observance of specialized laws, professional-technical regulations and management rules of these sectors or domains by agencies, organizations and individuals under these agencies' management.
4. Inspection program orientations means a document setting out the orientations for inspection activities of the inspection sector in a year proposed by the Inspector General of the Government Inspectorate and approved by the Prime Minister.
5. Inspection plan means a document selling out major inspection tasks of an agency performing the inspection function in a year and elaborated by the head of this agency for implementing the inspection program orientations and management requirements of the head of the state management agency of the same level.
6. Agencies assigned to perform the specialized inspection function means agencies performing the stale management in specific sectors or domains, including directorates and departments of ministries and branches of provincial-level departments, which are assigned to perform the specialized inspection function.
7. Person assigned to perform the specialized inspection task means a civil servant assigned to perform the inspection task of an agency assigned to perform the specialized inspection function.
8. People's inspection means a form of people's supervision through the people's inspection boards of the implementation of policies and laws, the settlement of complaints and denunciations, the observance of the law on grassroots democracy by responsible agencies, organizations and individuals in communes, wards, district townships, state agencies, public non-business units and state enterprises.
Article 4. Agencies performing the inspection function
1. State inspection agencies, including:
a/The Government Inspectorate;
b/ Inspectorates of ministries and ministerial-level agencies (below collectively referred to as ministerial inspectorates):
c/ Inspectorates of provinces and centrally run cities (below collectively referred to as provincial inspectorates);
d/ Inspectorates of provincial-level departments;
e/ Inspectorates of rural districts, urban districts, towns and provincial cities (below collectively referred to as district inspectorates).
2. Agencies assigned to perform the specialized inspection function.
Article. 5. Functions of state inspection agencies
State inspection agencies shall, within the ambit of their tasks and powers, perform and assist competent state agencies in performing the state management of inspection work, settlement of complaints and denunciations and prevention and combat of corruption; and inspect and settle complaints and denunciations and prevent and combat corruption under law.
Article 6. Inspection activities
Inspection activities shall be conducted by inspection teams, inspectors and persons assigned to perform the specialized inspection task.
Article 7. Principles of inspection activities
1. Compliance with law; assurance of accuracy, objectiveness, honesty, publicity, democracy and promptness.
2. No overlap in the scope, subjects, contents and duration of inspection among agencies performing the inspection function: and no obstruction to normal operations of inspected agencies, organizations and individuals.
Article 8. Responsibilities of heads of state agencies
The Prime Minister, ministers, heads of ministerial-level agencies, chairpersons of People's Committees of provinces and centrally run cities (below referred to as provincial-level People's Committees), heads of professional agencies of provincial-level People's Committees, chairpersons of People's Committees of rural districts, urban districts, towns and provincial cities (below referred to as district-level People's Committees) and heads of agencies assigned to perform the specialized inspection function shall, within the ambit of their respective tasks and powers, organize and direct inspection activities, and promptly respond to inspection conclusions and recommendations and be held responsible before law for their acts and decisions.
Article 9. Responsibilities of heads of state inspection agencies, heads of agencies assigned to perform the specialized inspection function, heads of inspection teams, inspectors, persons assigned to perform the specialized inspection task, inspection collaborators and other members of inspection teams
In inspection activities, heads of state inspection agencies, heads of agencies assigned to perform the specialized inspection function, heads of inspection teams, inspectors, persons assigned to perform the specialized inspection task, inspection collaborators and other members of inspection teams shall observe this Law and other relevant laws, and be held responsible before law for their acts and decisions.
Article 10. Responsibilities and rights of inspected and related agencies, organizations and individuals
1. Inspected agencies, organizations and individuals shall comply with inspection requests, recommendations and decisions, may explain inspection contents, and have other rights and responsibilities under this Law and other relevant laws.
2. Agencies, organizations and individuals that have information and documents related to inspection contents shall fully and promptly provide them at the request of inspection decision issuers, heads of inspection teams, inspectors, persons assigned to perform the specialized inspection task, inspection collaborators and other members of inspection teams, lake responsibility for the accuracy and truthfulness of provided information and documents, and have other rights and responsibilities under this Law and other relevant laws.
Article 11. Coordination between agencies performing the inspection function and concerned agencies and organizations
1. Agencies performing the inspection function shall, within their respective tasks and powers, coordinate with (he Public Security, the Procuracy and concerned agencies and organizations in preventing, detecting and handling law violations.
2. Within the ambit of their respective tasks and powers, the Public Security and the Procuracy shall consider recommendations on institution of criminal cases from agencies performing the inspection function and reply in writing on handling of these recommendations.
3. Upon receiving inspection requests, recommendations and handling decisions, other concerned agencies and organizations shall comply with these requests, recommendations and handling decisions and reply in writing on their compliance.
Article 12. People's inspection boards
1. People's inspection boards established in communes, wards and townships shall be organized and operate under the guidance and direction of the Vietnam Fatherland Front Committees in these communes, wards and townships.
People's inspection boards established in state agencies, public non-business units and state enterprises shall be organized and operate under the guidance and direction of the grassroots Trade Union Executive Committees in these agencies, units and enterprises.
2. Chairpersons of People's Committees of communes, wards and townships (below collectively referred to as commune-level People's Committees) and heads of state agencies, public non-business units and state enterprises shall create conditions for people's inspection boards to perform their tasks.
Article 13. Prohibited acts
1. Abusing one's position or inspection powers to commit illegal acts, to harass for bribes, or cause difficulties or troubles to inspected subjects.
.2. Conducting inspection beyond assigned competence, scope or contents.
3. Intentionally refraining from issuing inspection decisions upon detecting signs of law violation; making untruthful conclusions, illegal decisions or handling; covering up agencies, organizations and individuals that commit law violations.
4. Disclosing information or documents on inspection contents in the inspection process before official conclusions are made.
5. Providing inaccurate or untruthful information or documents; appropriating or destroying documents or material evidences related to inspection contents.
6. Opposing, obstructing, bribing, intimidating, taking revenge on or bullying persons performing the inspection task or providing information or documents to state inspection agencies; causing difficulties to inspection activities.
7. Illegally intervening in inspection activities, taking advantage of one's influence on persons performing the inspection task.
8. Giving, receiving or brokering bribes.
9. Committing other acts prohibited by law.
Tìm kiếm
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