Chương II Luật Thanh tra 2010: Tổ chức, nhiệm vụ, quyền hạn của cơ quan thanh tra nhà nước; Cơ quan được giao thực hiện chức năng thanh tra chuyên ngành

Chapter II

ORGANIZATION, TASKS AND POWERS OF STATE INSPECTION AGENCIES; AGENCIES ASSIGNED TO PERFORM THE SPECIALIZED INSPECTION FUNCTION

Section 1 THE GOVERNMENT INSPECTORATE

Article 14. Organization of the Government Inspectorate

1. The Government Inspectorate is an agency of the Government, answerable to the Government for performing the state management of the work of inspection, settlement of complaints and denunciations and prevention and combat of corruption nationwide; and performs activities of inspection, settlement of complaints and denunciations and prevention and combat of corruption under law.

2. The Government Inspectorate is composed of the Inspector General, Deputy Inspectors General and inspectors.

The Inspector General is a cabinet member and the head of the inspection sector. The Inspector General is answerable to the National Assembly and the Prime Minister for the work of inspection. settlement of complaints and denunciations and prevention and combat of corruption.

Deputy Inspectors General shall assist the Inspector General in performing his/her tasks as assigned by the latter.

3. The organizational structure of the Government Inspectorate shall be stipulated by the Government.

Article 15. Tasks and powers of the Government Inspectorate

1. In the state management of inspection, the Government Inspectorate has the following tasks and powers:

a/ To formulate and submit strategies, program orientations and legal documents on inspection to competent authorities for promulgation or approval, or promulgate them according to its competence; to guide. propagate, examine and inspect the implementation of the law on inspection;

b/ To work out its inspection plans; to guide ministerial and provincial inspectorates in working out, and organizing the implementation of, their inspection plans;

c/ To direct inspection work and provide professional guidance on inspection; to provide professional inspection training for the contingent of officials and civil servants engaged in inspection work;

d/ To assume the prime responsibility for, and coordinate with the Ministry of Home Affairs in. guiding the organizational apparatus and state payrolls of inspectorates of all levels and sectors, conditions and criteria for appointment of chief inspectors, deputy chief inspectors and inspectors of all levels and sectors;

c/ To request ministries and ministerial-level agencies (below collectively referred to as ministries) and provincial-level People's Committees to report on inspection work; to summarize and report on results of inspection work; to summarize experience in inspection work:

f/ To monitor, urge and examine the implementation of the Prime Minister's and its own inspection conclusions, recommendations and handling decisions;

g/ To enter into international cooperation on inspection work.

2. In inspection activities, the Government Inspectorate has the following tasks and powers:

a/. To inspect the implementation of policies and laws, the performance of tasks and exercise of powers by ministries, government-attached agencies and provincial-level People's Committees; to inspect state enterprises established under decisions of the Prime Minister;

b/ To inspect complicated cases related to management responsibilities of many ministries and provincial-level People's Committees;

c/ To inspect other cases assigned by the Prime Minister;

d/ To examine, when necessary, the accuracy and lawfulness of inspection conclusions and post-inspection handling decisions of ministers and heads of ministerial-level agencies (below collectively referred to as ministers) and chairpersons of provincial-level People's Committees.

3. It shall perform the state management of the settlement of complaints and denunciations under the law on complaints and denunciations.

4. It shall perform the state management of the prevention and combat of corruption, and perform the corruption prevention and combat task under the anti-corruption law.

Article 16. Tasks and powers of the Inspector Genera!

1. The Inspector General has the following tasks:

a/ To lead, direct and examine inspection work within the state management scope of the Government; to lead the Government Inspectorate in performing its tasks and powers under this Law and other relevant laws;

b/ To submit to the Prime Minister for approval inspection program orientations and organize their implementation;

c/ To assume the prime responsibility for addressing overlaps in the scope, subjects, contents and duration of inspection among ministerial inspectorates or between ministerial and provincial inspectorates;

d/ To consider and settle inspection work-related matters on which opinions of ministerial chief inspectors are different from those ministers or opinions of provincial chief inspectors are different from those of chairpersons of provincial-level People's Committees. In case a minister disagrees with results of handling by the Inspector General, to report such to the Prime Minister for consideration and decision.

2. The Inspector General has the following powers:

a/ To decide on inspection when detecting signs of law violation and to be answerable to the Prime Minister for his/her decisions;

b/ To decide on re-inspection of cases on which conclusions have been made by ministers when detecting signs of law violation in these cases as assigned by the Prime Minister: to decide on re-inspection of cases on which conclusions have been made by chairpersons of provincial-level People's Committees when detecting signs of law violation in these cases:

c/ To propose ministers or request chairpersons of provincial-level People's Committees to conduct inspection within the management scope of their ministries or provincial-level People's Committees when detecting signs of law violation. In case ministers or chairpersons of provincial-level People's Committees refuse to do so. to issue inspection decisions, report on and be answerable to the Prime Minister for his/her decisions;

d/ To recommend ministers to terminate the implementation of regulations or annul regulations promulgated by their ministries which are contrary to regulations of superior state agencies or the Inspector General on inspection work. In case ministers refuse to do so. to submit them to the Prime Minister for decision:

e/ To terminate the implementation of. and request the Prime Minister to annul, regulations of provincial-level People's Committees or provincial-level People's Committee chairpersons which are contrary to regulations of superior state agencies or the Inspector General on inspection work;

f/ To recommend competent state agencies to amend, supplement or promulgate regulations to meet management requirements: to recommend the termination of implementation or annulment of unlawful regulations detected through inspection;

g/ To recommend the Prime Minister to examine liability and handle persons who are under the Prime Minister's management and commit law violations detected through inspection or fail to comply with inspection conclusions or handling decisions; to request heads of agencies or organizations to examine liability and handle persons who are under the management of such agencies or organizations and commit law violations detected through violation or fail to comply with inspection conclusions or handling decisions.

Section 2 MINISTERIAL INSPECTORATES

Article 17. Organization of ministerial inspectorates

1. Ministerial inspectorates are agencies of ministries, assisting ministers in the state management of inspection, settlement of complaints and denunciations and prevention and combat of corruption: conduct administrative inspection of agencies, organizations and individuals under their ministries' management: conduct specialized inspection of agencies, organizations and individuals under the state management within their ministries' sectors or domains; settle complaints and denunciations and prevent and combat corruption under law.

2. A ministerial inspectorate is composed of the chief inspector, deputy chief inspectors and inspectors.

Ministerial chief inspectors are appointed, relieved of duly or dismissed by ministers after reaching agreement with the Inspector General.

Ministerial deputy chief inspectors shall assist ministerial chief inspectors in performing the latter's tasks under the latter's assignment.

3. Ministerial inspectorates shall submit to the direction and management by ministers and concurrently to the work direction and organizational and professional guidance by the Government Inspectorate.

Article 18. Tasks and powers of ministerial inspectorates

1. In the state management of inspection within the scope of state management of ministries, ministerial inspectorates have the following tasks and powers:

a/ To work out and submit inspection plans to ministers for approval; to organize the implementation of inspection plans for which they are responsible; to guide, monitor, urge and examine the implementation of inspection plans by their ministries' agencies assigned to perform the specialized inspection function;

b/ To provide professional guidance on specialized inspection to their ministries' agencies assigned to perform the specialized inspection function and provincial-level departments' inspectorates; to guide and examine their ministries' agencies and units in implementing the law on inspection;

c/ To request heads of their ministries" agencies assigned to perform the specialized inspection function to report on inspection work; to summarize and report on results of inspection work within the scope of their ministries' state management;

d/ To monitor, urge and examine the implementation of ministers' and their own inspection conclusions, recommendations and handling decisions.

2. In inspection activities, ministerial inspectorates have the following tasks and powers:

a/ To inspect the observance of policies and laws, performance of tasks and exercise of powers by agencies, organizations and individuals under their ministries' direct management: to inspect state enterprises established under ministers' decisions:

b/ To inspect the observance of specialized laws, professional and technical regulations and management rules of the sectors or domains under their ministries' management by agencies, organizations and individuals within the scope of state management of these sectors or domains;

c/ To inspect other cases assigned by ministers:

d/ To examine the accuracy and lawfulness of inspection conclusions and post-inspection handling decisions of heads of their ministries' agencies assigned to perform the specialized inspection function or chairpersons of provincial-level People's Committees in cases within the sectors or domains under their ministries' state management when necessary.

3. They shall assist ministers in performing the state management of the settlement of complaints and denunciations: and perform the task of settling complaints and denunciations under the law on complaints and denunciations.

4. They shall assist ministers in performing the slate management of corruption prevention and combat work; and perform the task of preventing and combating corruption under the anti-corruption law.

Article 19. Tasks and powers of ministerial chief inspectors

1. Ministerial chief inspectors have the following tasks:

a/ To lead, direct and examine inspection work within their ministries' state management scope: to lead their inspectorates in performing their tasks and exercising their powers under this Law and other relevant laws;

b/ To assume the prime responsibility for handling overlaps in the scope, subjects, contents and duration of inspection under their ministries' state management: to coordinate with provincial chief inspectors in handling overlaps in scope, subjects.

contents and duration of inspection in provinces and centrally run cities.

2. Ministerial chief inspectors have the following powers:

a/ To decide on inspection when detecting signs of law violation and be answerable to ministers for their decisions:

b/ To decide on re-inspection of cases on which conclusions have been made by heads of their ministries' agencies assigned to perform the specialized inspection function or chairpersons of provincial-level People's Committees when detecting signs of law violation in these cases as assigned by ministers:

c/ To request heads of agencies assigned to perform the specialized inspection function to conduct inspection within the management scope of these agencies when detecting signs of law violation. In case heads of agencies assigned to perform the specialized inspection function refuse to do so, to issue inspection decisions, report on and be answerable to ministers for their decisions;

d/ To recommend ministers to suspend the execution of unlawful inspection decisions of agencies and units under their ministries' direct management;

e/ To recommend ministers to settle inspection-related issues. In case their recommendations are not accepted, to report them to the Inspector General:

f/ To recommend competent stale agencies to amend, supplement or promulgate regulations to meet management requirements: to recommend termination or annulment of unlawful regulations detected through inspection work;

g/ To sanction administrative violations under the law on handling of administrative violations:

h/ To recommend ministers to examine liability and handle persons under their respective management who commit law violations detected through inspection or fail to comply with inspection conclusions or handling decisions: to request heads of agencies or organizations to examine liability and handle persons under management of these agencies or organizations who commit law violations detected through inspection or fail to comply with inspection conclusions or handling decisions.

Section 3: PROVINCIAL INSPECTORATES

Article 20. Organization of provincial inspectorates

1. Provincial inspectorates are professional agencies of provincial-level People's Committees, responsible for assisting People's Committees of the same level in the work of inspection, settlement of complaints and denunciations and prevention and combat of corruption, and inspecting, settling complaints and denunciations and preventing and combating corruption under law.

2. A provincial inspectorate is composed of the chief inspector, deputy chief inspectors and inspectors.

Provincial chief inspectors shall be appointed, relieved of duty or dismissed by chairpersons of People's Committees of the same level after reaching agreement with the Inspector General.

Provincial deputy chief inspectors shall assist provincial chief inspectors in performing the latter's tasks under the latter's assignment.

3. Provincial inspectorates shall submit to the direction and management by chairpersons of People's Committees of the same level and concurrently to the work direction and organizational and professional guidance by the Government Inspectorate.

Article 21. Tasks and powers of provincial inspectorates

1. In the state management of inspection within the scope of state management of provincial-level People's Committees, provincial inspectorates have the following tasks and powers:

a/ To work out and submit inspection plans to chairpersons of provincial-level People's Committees for approval, and organize the implementation of these plans:

b/ To request professional agencies of provincial-level People's Committees (below collectively referred to as provincial-level departments) and district-level People's Committees to report on inspection work; lo summarize and report on results of inspection work;

e/ To direct inspection work and provide professional guidance on administrative inspection lo provincial-level department inspectorates and district inspectorates:

d/ To monitor, urge and examine the execution of provincial-level People's Committee chairpersons' and their own inspection conclusions, recommendations and handling decisions.

2. In inspection activities, provincial inspectorates have the following tasks and powers:

a/ To inspect the implementation of policies and laws, performance of tasks and exercise of powers by provincial-level departments and district-level People's Committees, to inspect slate enterprises established under decisions of chairpersons of provincial-level People's Committees;

b/ To inspect complicated cases related to responsibilities of many provincial-level departments and district-level People's Committees:

c/ To inspect other cases and matters as assigned by chairpersons of provincial-level People's Committees:

d/ To examine, when necessary, the accuracy and lawfulness of inspection decisions and post-inspection handling decisions of directors of provincial-level departments and chairpersons of district-level People's Committees.

3. They shall assist provincial-level People's Committees in performing the state management of the settlement of complaints and denunciations: and settle complaints and denunciations under the law on complaints and denunciations.

4. They shall assist provincial-level People's Committees in performing the state management of corruption prevention and combat work; and perform the task of corruption prevention and combat under the anti-corruption law.

Article 22. Tasks and powers of provincial chief inspectors

1. Provincial chief inspectors have the following tasks:

a/ To lead, direct and examine inspection work within the state management scope of provincial-level People's Committees; to lead provincial inspectorates in performing the tasks and exercising the powers under this Law and other relevant laws;

b/ To assume the prime responsibility for handling overlaps in the scope, subjects, contents and duration of inspection among provincial-level department inspectorates or between provincial-level department inspectorates and district inspectorates; to assume the prime responsibility for. and coordinate with ministerial chief inspectors in, handling overlaps in the scope, subjects, contents and duration of inspection in provinces and centrally run cities;

c/ To consider and handle inspection-related matters on which provincial-level department chief inspectors disagree with provincial-level department directors or district chief inspectors disagree with chairpersons of district-level People's Committees. In case provincial-level department directors disagree with results of handling by provincial chief inspectors, to report them to chairpersons of provincial-level People's Committees for consideration and decision.

2. Provincial chief inspectors have the following powers:

a/ To decide on inspection when detecting signs of law violation and be answerable to chairpersons of provincial-level People's Committees for their decisions:

b/ To decide on re-inspection of cases on which conclusions have been made by provincial-level department directors when detecting signs of law violation in these cases as assigned by chairpersons of provincial -level People's Committees; to decide on re-inspection of cases on which conclusions have been made by district-level People's Committee chairpersons when detecting signs of law violation in these cases;

c/ To request provincial-level department directors or district-level People's Committee chairpersons to conduct inspection within the management scope of their provincial-level departments or district-level Peoples Committees when detecting signs of law violation. In case these directors or chairpersons refuse to do so. to issue inspection decisions, report on and be answerable to provincial-level People's Committee chairpersons for their decisions;

d/ To recommend provincial-level People's Committee chairpersons to settle inspection-related issues. In case their recommendations are not accepted, to report such to the Inspector General;

e/ To recommend competent state agencies to amend, supplement or promulgate regulations to meet management requirements; to recommend termination or annulment of unlawful regulations detected through inspection work;

f/ To recommend provincial-level People's Committee chairpersons to examine liability and handle persons under their respective management who commit law violations detected through inspection or fail to comply with inspection conclusions or handling decisions; to request heads of agencies or organizations to examine liability and handle persons under the management of these agencies or organizations who commit law violations detected through inspection or fail to comply with inspection conclusions or handling decisions.

Section 4: PROVINCIAL-LEVEL DEPARTMENT INSPECTORATES

Article 23. Organization of provincial-level department inspectorates

1. Provincial-level department inspec-torates are agencies of provincial-level departments, assisting provincial-level department directors in conducting administrative inspection and specialized inspection, settling complaints and denunciations, and preventing and combating corruption under law.

Provincial-level department inspectorates shall be established in provincial-level departments which perform the state management task under authorization by provincial-level People's Committees or under law.

2. A provincial-level department inspectorate is composed of the chief inspector, deputy chief inspectors and inspectors.

Provincial-level department chief inspectors shall be appointed, relieved of duty or dismissed by provincial-level department directors after reaching agreement with provincial chief inspectors.

Provincial-level department deputy chief inspectors shall assist provincial-level department chief inspectors in performing their tasks under the latter's assignment.

3. Provincial-level department inspectorates shall submit to the direction and management by provincial-level department directors, and concurrently to provincial inspectorates' work direction and professional guidance on administrative inspection, and ministerial inspectorates professional guidance on specialized inspection.

Article 24. Tasks and powers of provincial-level department inspectorates

1. To work out and submit inspection plans to provincial-level department directors for approval, and organize the implementation of inspection plans falling under their responsibility; to guide, monitor, urge and examine the implementation of inspection plans by their provincial-level departments' agencies assigned to perform the specialized inspection function.

2. To inspect the implementation of policies and laws, performance of tasks and exercise of powers by agencies, organizations and individuals under their provincial-level departments' direct management.

3. To inspect the observance of specialized laws, professional and technical regulations and management rules of their sectors or domains by agencies, organizations and individuals under their provincial-level departments' management.

4. To inspect other cases assigned by provincial-level department directors.

5. To guide and inspect agencies and units under their provincial-level departments in observing the law on inspection.

6. To request the heads of their provincial-level departments' agencies assigned to perform the specialized inspection function to report on inspection work; to summarize and report on results of inspection work under their provincial-level departments' management.

7. To monitor, urge and examine the execution of inspection conclusions, recommendations and handling decisions of provincial-level department directors and inspectorates.

8. To examine the accuracy and lawfulness of inspection conclusions and post-inspection handling decisions of heads of their provincial-level departments' agencies assigned to perform the specialized inspection function., with regard to cases in the state management sectors or domains of their provincial-level departments when necessary.

9. To settle complaints and denunciations under the law on complaints and denunciations.

10. To prevent and combat corruption under the anti-corruption law.

Article 25. Tasks and powers of provincial-level department chief inspectors

1. Provincial-level department chief inspectors have the following tasks:

a/ To lead, direct and examine inspection work within the state management scope of their provincial-level departments; to lead provincial-level departments in performing the tasks and exercising the powers under this Law and other relevant laws;

b/ To handle overlaps in the scope, subjects, contents and duration of inspection within the scope of their provincial-level departments' decentralized state management responsibility.

2. Provincial-level department chief inspectors have the following powers:

a/ To decide on inspection upon detecting signs of law violation and be answerable to provincial-level department directors for their decisions;

b/To decide on re-inspection of cases on which conclusions have been made by heads of their provincial-level departments' agencies assigned to perform the specialized inspection function when detecting signs of law violation in these cases as assigned by provincial-level department directors;

c/ To request heads of their provincial-level departments' agencies assigned to perform the specialized inspection function to conduct inspection within the scope of these agencies' responsibility when detecting signs of law violation. In case heads of these agencies refuse to do so. to issue inspection decisions, report on and be answerable to provincial-level department directors for their decisions;

d/ To recommend provincial-level department directors to suspend the execution of unlawful inspection decisions of agencies and units under their provincial-level departments' direct management;

e/ To recommend provincial-level department directors to settle inspection-related matters. In case their recommendations are not accepted, to report such to provincial chief inspectors or ministerial chief inspectors;

f/ To recommend competent state agencies to amend, supplement or promulgate regulations to meet management requirements; to propose termination or annulment of unlawful regulations detected through inspection;

g/ To sanction administrative violations under the law on handling of administrative violations;

h/ To propose provincial-level department directors to examine liability and handle persons under the management of provincial-level department directors who commit law violations detected through inspection or fail to comply with inspection conclusions or handling decisions.

Section 5 DISTRICT INSPECTORATES

Article 26. Organization of district inspectorates

1. District inspectorates are professional agencies of district-level People's Committees, responsible for assisting People's Committees of the same level in performing the state management of the work of inspection, settlement of complaints and denunciations, prevention and combat of corruption; and inspecting, settling complaints and denunciations, and preventing and combating corruption under law.

2. A district inspectorate is composed of the chief inspector, deputy chief inspectors and inspectors.

District chief inspectors shall be appointed, relieved of duty or dismissed by district-level People's Committee chairpersons after reaching agreement with provincial chief inspectors.

District deputy chief inspectors shall assist district chief inspectors in performing their tasks under the latter's assignment

3. District inspectorates shall submit to the direction and management by chairpersons of People's Committees of the same level, and concurrently to the work direction and professional guidance of provincial inspectorates.

Article 27. Tasks and powers of district inspectorates

1. In the state management of inspection within the scope of state management of district-level People's Committees, district inspectorates have the following tasks and powers:

a/ To work out and submit inspection plans to chairpersons of district-level People's Committees for approval, and organize the implementation of these plans;

b/ To report on results of inspection work;

c/ To monitor, urge and examine the execution of district-level People's Committee chairpersons' and their own inspection conclusions, recommendations and handling decisions.

2. In inspection activities, district inspectorates have the following tasks and powers:

a/ To inspect the implementation of policies and laws, performance of tasks and exercise of powers by district-level People's Committees" professional agencies and commune level People's Committees;

b/ To inspect complicated cases related to responsibilities of many professional agencies of district-level and commune-level People's Committees;

c/ To inspect other cases and matters as assigned by chairpersons of district-level People's - Committees;

3. They shall assist district-level People's Committees in performing the state management of the settlement of complaints and denunciations; and perform the task of settling complaints and denunciations under the law on complaints and denunciations.

4. They shall assist district-level People's Committees in performing the state management of corruption prevention and combat work; and perform the task of corruption prevention and combat under the anti-corruption law.

Article 28. Tasks and powers of district chief inspectors

1. District chief inspectors shall lead, direct and examine inspection work within the state management scope of district-level People's Committees; and lead their inspectorates in performing the tasks and exercising the powers under this Law and other relevant laws.

2. District chief inspectors have the following powers:

a/ To decide on inspection when detecting signs of law violation and be answerable to chairpersons of district-level People's Committees for their decisions;

b/ To propose competent state agencies to amend, supplement or promulgate regulations to meet management requirements; to recommend termination or annulment of unlawful regulations detected through inspection work;

c/ To recommend district-level People's Committee chairpersons to settle inspection-related issues. In case their recommendations are not accepted, to report such to provincial chief inspectors;

d/ To recommend district-level People's Committee chairpersons to examine liability and handle persons under their respective management who commit law violations detected through inspection or fail to comply with inspection conclusions or handling decisions: to request heads of other agencies or organizations to examine liability and handle persons under the management of these agencies or organizations who commit law violations detected through inspection or fail to comply with inspection conclusions or handling decisions.

Section 6: AGENCIES ASSIGNED TO PERFORM THE SPECIALIZED INSPECTION FUNCTION

Article 29. Assignment of the specialized inspection function to agencies performing the task of state management in specific sectors or domains

The assignment of the specialized inspection function to agencies performing the task of state management in specific sectors or domains shall be stipulated by the Government at the proposal of the Inspector General after reaching agreement with concerned ministers.

Article 30. Inspection activities of agencies assigned to perform the specialized inspection function

1. Agencies assigned to perform the specialized inspection function shall not establish independent inspectorates. Specialized inspection activities shall be conducted by persons assigned to perform the specialized inspection task under this Law and other relevant laws.

2. When conducting inspection, persons assigned to perform the specialized inspection task may sanction administrative violations and perform other tasks and exercise other powers under law.