Chương II Luật Thanh tra 2022: Tổ chức, nhiệm vụ, quyền hạn của cơ quan thực hiện chức năng thanh tra

Chapter II

ORGANIZATION, TASKS AND POWERS OF INSPECTION-CONDUCTING AUTHORITIES

Article 9. Inspection-conducting authorities

1. Inspection authorities according to administrative divisions include:

a) Government Inspectorate;

b) Inspectorates of central-affiliated cities and provinces (hereinafter referred as ”provincial inspectorates”);

c) Inspectorates of districts, district-level towns and cities (hereinafter referred as ”district inspectorates”);

d) Inspection authorities at special administrative-economic units according to regulations of the National Assembly.

2. Inspection authorities according to the sectors and domains include:

a) Inspectorates of ministries and ministerial-level agencies (hereinafter referred to as “ministerial inspectorates”);

b) Inspectorates of the Departments of the Ministries and equivalents agencies (hereinafter referred to as “sub-ministerial inspectorates”);

c) Inspectorates of provincial-level departments.

3. Inspection authorities of Governmental agencies

4. Inspection authorities in the People's Army, the People's Public Security, the State Bank of Vietnam and cipher agencies of the Government.

5. Specialized authorities assigned to conduct inspection.

Section 1. GOVERNMENT INSPECTORATE

Article 10. Position and functions of Government Inspectorate

The Government Inspectorate is an agency of the Government which assists the Government in performing state management of inspection, reception of citizens, settlement of complaints and denunciations and anti-corruption nationwide; and directly inspects, receives citizens, settles complaints and denunciations and organizes anti-corruption in accordance with regulations of the law.

Article 11. Tasks and powers of the Government Inspectorate

1. The Government Inspectorate shall assist the Government in performing state management of inspection and have the following tasks and powers:

a) Develop policies and laws on inspection;

b) Develop inspection program orientations and submit to the Prime Minister for approval;

c) Develop annual inspection plans of the Government Inspectorate; direct ministries, ministerial-level agencies (hereinafter referred to as “ministries”), Governmental agencies and the People's Committees of provinces to develop annual inspection plans;

d) Organize implementation and direct ministries, Governmental agencies and the People's Committees of provinces to organize the implementation of annual inspection plans;

dd) Inspect implementation of policies and laws, performance of tasks and exercise of powers of ministries, Governmental agencies and the People's Committees of provinces;

e) Inspect management of state capital and assets in state enterprises under assignment of the Prime Minister;

g) Inspect complicated cases related to management responsibilities of many ministries, Governmental agencies and the People's Committees of provinces;

h) Inspect other cases assigned by the Prime Minister;

i) Re-inspect cases which the conclusions have been made by the ministerial inspectorates, the inspection authorities of Governmental agencies or the provincial inspectorates in case of detection of signs of law violations.

k) Monitor, urge and examine the implementation of conclusions, recommendations and inspection-related decisions of the Prime Minister and the Government Inspectorate;

l) If necessary, examine the accuracy and lawfulness of conclusions on inspection of the ministerial inspectorates, the inspection authorities of Governmental agencies or the provincial inspectorates and decisions on handling after inspection of the ministers, the heads of Governmental agencies or the presidents of the People's Committees of provinces.

m) Cooperate with the State Audit in handling overlaps and duplications between inspection and state audit; direct the ministerial inspectorates and the provincial inspectorates to address duplications between inspection and state audit;

n) Direct inspection, carry out refresher training and provide professional guidance on inspection, grant certificates of inspector training;

o) Summarize and report the results of inspection.

2. Assist the Government in performing state management of reception of citizens, settlement of complaints and denunciations; perform tasks and exercise powers to receive citizens and settle complaints and denunciations in accordance with regulations of the law.

3. Assist the Government in performing state management of anti-corruption; perform tasks and exercise powers to organize anti-corruption in accordance with regulations of the law.

Article 12. Tasks and powers of the Inspector General of the Government Inspectorate

1. The Inspector General of the Government Inspectorate is a member of the Government. The Inspector General shall be responsible to the National Assembly, the Government and the Prime Minister for inspection, reception of citizens, settlement of complaints and denunciations and anti-corruption.

Deputy Inspectors General shall assist the Inspector General in performing duties under assignment of the Inspector General.

2. The Inspector General shall have the following tasks and powers:

a) Lead, direct and examine inspection within the scope of state management of the Government; direct the Government Inspectorate to perform its tasks and powers under this Law and other regulations of relevant laws;

b) Promulgate legal documents according to its competence;

c) Submit to the Prime Minister for approval for inspection program orientations; make annual inspection plans of the Government Inspectorate, organize and direct the implementation;

d) Decide inspection in case of detection of signs of law violation;

dd) Request ministers, the heads of Governmental agencies and the presidents of the People's Committees of provinces to decide inspection of cases with signs of law violation; in case the Ministers, the heads of Governmental agencies and the presidents of the People's Committees of provinces fail to decide inspection, the Inspector General shall issue decision on inspection or report to the Prime Minister for direction;

e) Decide re-inspection of cases which the conclusions have been made by the ministerial inspectorates, the inspection authorities of Governmental agencies or the provincial inspectorates in case of detection of signs of law violation;

g) Handle overlaps and duplications between inspection and state audit; among inspection of inspection authorities specified in Clause 1, points b and d Clauses 2 and 3 of Article 55 of this Law;

h) Consider and settle inspection-related matters which opinions of the ministerial chief inspectors are different from direction of ministers or opinions of the provincial chief inspectors are different from direction of the presidents of the People's Committees of provinces. In case the ministers and the presidents of the People's Committees of provinces disagree with the Inspector General, the Inspector General shall report to the Prime Minister for consideration and decision.

i) Recommend the ministers and the presidents of the People's Committees of provinces to terminate the implementation or annul legal documents issued by those which are contrary to Constitution, laws, legal documents of superior state agencies or the Inspector General in case of detection via inspection. Request the Prime Minister to considerate and decide in case of refusal of recommendation;

k) Recommend the Prime Minister to terminate the implementation of a part or the whole of Resolution of the People's Council of province which is contrary to the Constitution, laws and legal documents of superior state agencies in case of detection via inspection; report to the Prime Minister to request the Standing Committee of National Assembly to annul a part or the whole of Resolution of the People's Council of province which is contrary to the Constitution, laws and legal documents of superior state agencies in case of detection via inspection;

l) Recommend competent state agencies to amend or promulgate regulations to meet management requirements; recommend the termination of implementation or annulment of unlawful regulations that have been detected via inspection, except for cases that have been recommended at points i and k of this Clause.

m) Request ministers, the heads of Governmental agencies and the presidents of the People's Committees of provinces to consider, rectify and correct mistakes in sectors, domains and local areas under their management that have been detected by the Government Inspectorate via inspection;

n) Recommend the Prime Minister, competent agencies and organizations to consider liability and handle individuals under the management of the Prime Minister, competent agencies and organizations, who commit violations that have been detected via inspection or fail to comply with conclusions, recommendations and inspection-related decisions; request the heads of other agencies or organizations to consider liability and handle individuals under their management, who commit violations that have been detected via inspection or fail to comply with conclusions, recommendations and inspection-related decisions.

Article 13. Organization of Government Inspectorate

1. The Government Inspectorate includes the Inspector General, Deputy Inspectors General, inspectors, officials and public employees.

2. The organization of Government Inspectorate shall comply with regulations of the law on organization of the Government and other regulations of relevant laws.

Section 2. MINISTERIAL INSPECTORATES

Article 14. Position and functions of ministerial inspectorates

1. The ministerial inspectorate is an agency of the Ministry, which assists the Minister in performing state management of inspection, reception of citizens, settlement of complaints and denunciations and anti-corruption; conducts administrative inspection for agencies, organizations and individuals under the management of the Ministry; performs specialized inspection in sectors under state management of the Ministry according to regulations of the Minister and ensures no duplications with the functions and tasks of sub-ministerial inspectorates and other specialized authorities assigned to conduct inspection under the Ministry; receives citizens, settles complaints and denunciations and organizes anti-corruption in accordance with regulations of the law.

2. The ministerial inspectorates shall be subject to the direction and management of the ministers and the direction of inspection, professional guidance of the Government Inspectorate.

Article 15. Tasks and powers of ministerial inspectorates

1. The ministerial inspectorates shall assist the ministers in performing state management of inspection and have the following tasks and powers:

a) Advise, develop and submit to the ministers for promulgation of regulations, guide and urge the implementation of regulations on organization and inspection under state management competence of ministries;

b) Develop draft plans for inspection of the ministries, guide the development of draft plans for inspection of sub-ministerial inspectorates and other specialized authorities assigned to conduct inspection under the ministries to synthesize into annual inspection plans of the ministries for submission to the ministers for promulgation;

c) Organize implementation of annual inspection plans of ministerial inspectorates; monitor, urge and examine implementation of annual inspection plans of sub-ministerial inspectorates and other specialized authorities assigned to conduct inspection under the ministries

d) Conduct administrative inspection for agencies, organizations and individuals under the management of the ministers; conduct specialized inspection in the sectors under state management of the ministries, except for sectors that the sub-ministerial inspectorates and other specialized authorities assigned to conduct inspection under the ministries have been assigned to implement;

dd) Inspect contents relevant to many sectors under state management of the ministries;

e) Inspect other cases assigned by the ministers;

i) Re-inspect cases which the conclusions have been made by sub-ministerial inspectorates and other specialized authorities assigned to conduct inspection under the ministries; cases under state management of the ministries, which the conclusions have been made by inspectorates of provincial-level departments in case of detection of signs of law violations via consideration and handling of complaints, denunciations, recommendations and reflections;

h) Monitor, urge and examine the implementation of conclusions, recommendations of ministerial inspectorates and inspection-related decisions of the ministers;

i) Examine the accuracy and lawfulness of conclusions on inspection of sub-ministerial inspectorates and other specialized authorities assigned to conduct inspection under the ministries and decisions on handling after inspection of the presidents of the People's Committees of provinces with regard to cases under the management of the ministries, if necessary;

k) Provide professional guidance on inspection for sub-ministerial inspectorates and other specialized authorities assigned to conduct inspection under the ministries, and inspectorates of provincial-level departments;

l) Summarize and report the results of inspection.

2. Assist the ministers in performing state management of reception of citizens, settlement of complaints and denunciations; perform tasks and exercise powers to receive citizens and settle complaints and denunciations in accordance with regulations of the law.

3. Assist the ministers in performing state management of anti-corruption; perform tasks and exercise powers to organize anti-corruption in accordance with regulations of the law.

Article 16. Tasks and powers of ministerial chief inspectors

The ministerial chief inspectors shall have the following tasks and powers:

1. Lead, direct and examine inspection within state management of the ministries; direct the ministerial inspectorates to perform their tasks and powers under this Law and other regulations of relevant laws;

2. Decide inspection in case of detection of signs of law violation;

3. Decide inspection of cases relevant to many sectors under state management of the ministries and assignment of the ministers;

4. Decide re-inspection of cases which the conclusions have been made by sub-ministerial inspectorates and other specialized authorities assigned to conduct inspection under the ministries; cases under state management of the ministries which the conclusions have been made by inspectorates of provincial-level departments in case of detection of signs of law violations via consideration and handling of complaints, denunciations, recommendations and reflections;

5. Impose penalties for administrative violations or request competent persons to impose penalties for administrative violations in accordance with the law on handling of administrative violations;

6. Request the Director General and Directors to direct sub-ministerial inspectorates, request the heads of other specialized authorities assigned to conduct inspection under the ministries to conduct inspections within the scope of management of such agencies. In case the heads of such agencies fail to comply with requests, the ministerial chief inspectors shall report to the ministers for consideration and decision;

7. Handle overlaps and duplications among inspection of inspection authorities according to regulations of point g, Clause 2 Article 55 of this Law; report to the Inspector General of the Government Inspectorate for consideration and decision on handling of overlaps and duplications among inspection of inspection authorities as prescribed at Point d, Clause 2, Article 55 of this Law;

8. Consider and settle specialized inspection-related matters which opinions of the chief inspectors of provincial-level departments are different from those of the directors of provincial-level departments or opinions of the chief inspectors of sub-ministerial inspectorates are different from those of General Director and Directors. If the Directors of Departments, General Director and Directors disagree with the settlement, the ministerial chief inspectors shall report to the ministers for consideration and decision;

9. Recommend the ministers to terminate the implementation of decisions which are contrary to laws in state management of the ministries in case of detection via inspection under their competence;

10. Recommend the ministers to settle inspection-related matters;

11. Recommend competent state agencies to amend or promulgate regulations to meet management requirements; recommend the termination of implementation or annulment of unlawful regulations that have been detected via inspection; 

12. Recommend the ministers to consider liability and handle individuals under the management of the ministers, who commit violations that have been detected via inspection or fail to comply with conclusions, recommendations and inspection-related decisions; request the heads of other agencies or organizations to consider liability and handle individuals under their management, who commit violations that have been detected via inspection or fail to comply with conclusions, recommendations and inspection-related decisions.

Article 17. Organization of ministerial inspectorates

1. A ministerial inspectorate includes the chief inspector, deputy chief inspectors, inspectors and other public employees.

The ministerial chief inspector is appointed, dismissed, assigned, reassigned or seconded by the minister after collection of opinions from the Inspector General of the Government Inspectorate.

2. The organization of ministerial inspectorates shall comply with regulations of the law on organization of the Government and other regulations of relevant laws.

Section 3. SUB-MINISTERIAL INSPECTORATES

Article 18. Positions and functions of sub-ministerial inspectorates

1. The sub-ministerial inspectorate is an agency of General Department or Department affiliated to the Ministry, which conducts specialized inspection within the scope of state management that the General Department or Department has been assigned to manage; receives citizens, settles complaints and denunciations and organizes anti-corruption in accordance with regulations of the law.

2. The sub-ministerial inspectorate is established:

a) According to regulations of the law;

b) According to regulations of international treaties to which the Socialist Republic of Vietnam is a signatory;

c) At General Department or Department affiliated to the Ministry having authority over a large quantity of entities in sectors and industries that are complicated and important to socio-economic development according to regulations of the Government.

The establishment of sub-ministerial inspectorates must not increase the number of focal points of affiliated units and the payroll of the General Department or Department affiliated to the Ministry.

3. The sub-ministerial inspectorates shall be subject to the direction and management of Director General and Directors, the direction of inspection and professional guidance of ministerial inspectorates.

Article 19. Tasks and powers of sub-ministerial inspectorates

1. The sub-ministerial inspectorates shall assist Director General and Directors in carrying out inspection and have the following tasks and powers:

a) Develop draft plans for inspection of sub-ministerial inspectorates, report to Director General and Directors for consideration and decision before submission to ministerial inspectorates to synthesize into annual inspection plans of the ministries;

b) Organize implementation of inspection of sub-ministerial inspectorates in annual inspection plans of the ministries; specialized inspection for agencies, organizations and individuals within the scope of state management that General Department and Departments have been assigned to manage;

c) Inspect other cases assigned by the ministers, Director General and Directors;

d) Monitor, urge and examine the implementation of conclusions, recommendations of sub-ministerial inspectorates and inspection-related decisions of the Director General and Directors;

dd) Summarize and report the results of inspection.

2. Perform tasks and exercise powers to receive citizens and settle complaints and denunciations in accordance with regulations of the law.

3. Perform tasks and exercise powers to organize anti-corruption in accordance with regulations of the law.

Article 20. Tasks and powers of sub-ministerial chief inspectors

The sub-ministerial chief inspectors shall have the following tasks and powers:

1. Lead, direct and examine inspection within the scope of management of General Department and Departments; direct the sub-ministerial inspectorates to perform their tasks and powers under this Law and other regulations of relevant laws;

2. Decide inspection in case of detection of signs of law violation;

3. Impose penalties for administrative violations or request competent persons to impose penalties for administrative violations in accordance with the law on handling of administrative violations;

4. Report to Director General and Directors to recommend competent state agencies to amend or promulgate regulations to meet management requirements; recommend the termination of implementation or annulment of unlawful regulations that have been detected via inspection; 

Article 21. Organization of sub-ministerial inspectorates

1. An sub-ministerial inspectorate includes the chief inspector, deputy chief inspectors, inspectors and other public employees.

The sub-ministerial chief inspector is appointed, dismissed, assigned, reassigned or seconded by General Director or Director after collection of opinions from the ministerial chief inspector.

2. The organization of sub-ministerial inspectorates shall comply with regulations of the law on organization of the Government and other regulations of relevant laws.

Section 4. PROVINCIAL INSPECTORATES

Article 22. Position and functions of provincial inspectorates

1. The provincial inspectorate is an agency of the People's Committee of province, which assists the People's Committee of province in performing state management of inspection, reception of citizens, settlement of complaints and denunciations and anti-corruption; inspects within the scope of state management of the People's Committee of province; receives citizens, settles complaints and denunciations and organizes anti-corruption in accordance with regulations of the law.

2. The provincial inspectorate shall be subject to the direction and management of the president of the People's Committee of province and the direction of inspection, professional guidance of the Government Inspectorate.

Article 23. Tasks and powers of provincial inspectorates

1. The provincial inspectorates shall assist the People's Committees at the same level in performing state management of inspection and have the following tasks and powers:

a) Develop draft plans for inspection of provinces and central-affiliated cities (hereinafter referred to as “annual inspection plans of provinces”), direct the inspectorates of provincial-level departments and the district inspectorates to develop the draft plans for inspection to synthesize into the annual inspection plans of provinces for submission to the presidents of the People's Committees of provinces for promulgation;

b) Organize implementation of annual inspection plans of the provincial inspectorates; monitor, urge and examine implementation of annual inspection plans of the inspectorates of provincial-level departments and the district inspectorates

c) Inspect implementation of policies and laws, performance of tasks and exercise of powers of agencies, units of the People's Committees of provinces and the People's Committees of districts;

d) Inspect the management of state capital and assets at a state-owned enterprise that the People's Committee of province is the owner's representative when the president of the People's Committee of province assigns the provincial inspectorate to conduct inspection;

dd) Conduct administrative inspection and specialized inspection for agencies, organizations and individuals under the management of the departments that fail to establish inspection authorities;

e) Inspect other cases assigned by the presidents of the People's Committees of provinces;

g) Re-inspect cases which the conclusions have been made by the inspectorates of provincial-level departments and the district inspectorates in case of detection of signs of law violation;

h) Monitor, urge and examine the implementation of conclusions, recommendations of the provincial inspectorates and inspection-related decisions of the presidents of the People's Committees of provinces;

i) if necessary, examine the accuracy and lawfulness of conclusions on inspection of the inspectorates of provincial-level departments and the district inspectorates and decisions on handling after inspection of the directors of provincial-level departments, the presidents of the People's Committees of districts.

k) Provide professional guidance on inspection for the inspectorates of provincial-level departments and the district inspectorates; organize professional training for inspectors of provinces and central-affiliated cities;

l) Summarize and report the results of inspection.

2. Assist the People's Committees of provinces in performing state management of reception of citizens, settlement of complaints and denunciations; perform tasks and exercise powers to receive citizens and settle complaints and denunciations in accordance with regulations of the law.

3. Assist the People's Committees of provinces in performing state management of anti-corruption; perform tasks and exercise powers to organize anti-corruption in accordance with regulations of the law.

Article 24. Tasks and powers of provincial chief inspectors

The provincial chief inspectors shall have the following tasks and powers:

1. Lead, direct and examine inspection within state management of the People's Committees of provinces; direct the provincial inspectorates to perform their tasks and powers under this Law and other regulations of relevant laws;

2. Decide inspection in case of detection of signs of law violation;

3. Request the directors of provincial-level departments and the presidents of the People's Committees of districts to direct the inspectorates of provincial-level departments and the district inspectorates to conduct inspection in case of detection of signs of law violations; in case the directors of provincial-level departments and the presidents of the People's Committees of districts fail to conduct inspection or the departments fail to establish inspection authorities, the provincial chief inspectors shall issue decisions on inspection or report to the presidents of the People's Committees of provinces for consideration and decision;

4. Re-inspect cases which the conclusions have been made by the inspectorates of provincial-level departments and the district inspectorates in case of detection of signs of law violation;

5. Impose penalties for administrative violations or request competent persons to impose penalties for administrative violations in accordance with the law on handling of administrative violations;

6. Request the directors of provincial-level departments and the presidents of the People's Committees of districts to consider, rectify and correct mistakes in sectors, domains and local areas under their management that have been detected by the provincial inspectorates via inspection;

7. Handle overlaps and duplications among inspection of the inspectorates of provincial-level departments specified in point i Clause 2 Article 55 of this Law;

8. Consider and settle administrative inspection-related matters which opinions of the chief inspectors of provincial-level departments are different from those of the directors of provincial-level departments or opinions of the district chief inspectors are different from those of the presidents of the People's Committees of districts. If the directors of provincial-level departments, the presidents of the People's Committees of districts disagree with the settlement of the provincial chief inspectors, the provincial chief inspectors shall report to the presidents of the People's Committees of provinces for consideration and decision;

9. Recommend the presidents of the People's Committees of provinces to settle inspection-related matters;

10. Recommend competent state agencies to amend or promulgate regulations to meet management requirements; recommend the termination of implementation or annulment of unlawful regulations that have been detected via inspection; 

11. Recommend the presidents of the People's Committees of provinces to consider liability and handle individuals under the management of the presidents of the People's Committees of provinces, who commit violations that have been detected via inspection or fail to comply with conclusions and inspection-related decisions; request the heads of other agencies or organizations to consider liability and handle individuals under their management, who commit violations that have been detected via inspection or fail to comply with conclusions and inspection-related decisions.

Article 25. Organization of provincial inspectorates

1. A provincial inspectorate includes the chief inspector, deputy chief inspectors, inspectors and other public employees.

The provincial chief inspector is appointed, dismissed, assigned, reassigned or seconded by the president of the People's Committee of province after collection of opinions from the Inspector General of the Government Inspectorate.

2. The organization of provincial inspectorates shall comply with regulations of the law on organization of the Local Government and other regulations of relevant laws.

Section 5. INSPECTORATES OF PROVINCIAL-LEVEL DEPARTMENTS

Article 26. Position and functions of inspectorates of provincial-level departments

1. The inspectorate of provincial-level department is an agency of the department, which conducts inspection within the scope that the department is assigned to advise and assist the People's Committee of province in performing state management; receives citizens, settles complaints and denunciations and organizes anti-corruption in accordance with regulations of the law.

2. The inspectorate of provincial-level department is established:

a) According to regulations of the law;

b) At the department, which has a wide scope of management and complex requirement for specialized management according to the Government's regulations;

c) At the department, which is decided by the People's Committee of province according to the requirement for state management at province and the assigned payroll.

3. At the departments where the inspection authorities have not been established, the directors of provincial-level departments assigns the units of the departments to perform the tasks and powers to receive citizens, settle complaints and denunciations and organize anti-corruption.

4. The inspectorates of provincial-level departments shall be subject to the direction and management of the directors of provincial-level departments; the direction of inspection, professional guidance on administrative inspection of the provincial inspectorates; professional guidance on specialized inspection of the ministerial inspectorates.

Article 27. Tasks and powers of inspectorates of provincial-level departments

1. The inspectorates of provincial-level departments shall assist the directors of provincial-level departments in conducting inspection and have the following tasks and powers:

a) Develop draft plans for inspection of inspectorates of provincial-level departments, report to the directors of provincial-level departments for consideration and decision before submission to the provincial inspectorates to synthesize into annual inspection plans of provinces;

b) Organize implementation of inspection of inspectorates of provincial-level departments in annual inspection plans of provinces; administrative inspection for units, individuals under the departments; specialized inspection for agencies, organizations and individuals within the scope that the departments have been assigned to advise and assist the People's Committees of provinces in performing state management;

c) Inspect other cases assigned by the directors of provincial-level departments;

d) Monitor, urge and examine the implementation of conclusions, recommendations of inspectorates of provincial-level departments and inspection-related decisions of the directors of provincial-level departments;

dd) Summarize and report the results of inspection.

2. Perform tasks and exercise powers to receive citizens and settle complaints and denunciations in accordance with regulations of the law.

3. Perform tasks and exercise powers to organize anti-corruption in accordance with regulations of the law.

Article 28. Tasks and powers of chief inspectors of provincial-level departments

The chief inspectors of provincial-level departments shall have the following tasks and powers:

1. Direct the inspectorates of provincial-level departments to perform their tasks and powers under this Law and other regulations of relevant laws;

2. Decide inspection in case of detection of signs of law violation;

3. Recommend the directors of provincial-level departments to terminate execution of the illegal decisions or acts of units or individuals under the departments;

4. Recommend the directors of provincial-level departments to settle inspection-related matters;

5. Impose penalties for administrative violations or recommend competent persons to impose penalties for administrative violations in accordance with the law on handling of administrative violations.

Article 29. Organization of inspectorates of provincial-level departments

1. An inspectorate of provincial-level department includes the chief inspector, deputy chief inspectors, inspectors and other public employees.

The chief inspector of provincial-level department is appointed, dismissed, assigned, reassigned or seconded by the director of provincial-level department after collection of opinions from the provincial inspectorate.

2. The organization of inspectorates of provincial-level departments shall comply with regulations of the law on organization of the Local Government and other regulations of relevant laws.

Section 6. DISTRICT INSPECTORATES

Article 30. Position and functions of district inspectorates

1. The district inspectorate is an agency of the People's Committee of district, which assists the People's Committee of district in performing state management of inspection, reception of citizens, settlement of complaints and denunciations and anti-corruption; inspects within the scope of state management of the People's Committee of district; receives citizens, settles complaints and denunciations and organizes anti-corruption in accordance with regulations of the law.

2. The district inspectorate shall be subject to the direction and management of the president of the People's Committee of district and the direction of inspection, professional guidance of the provincial inspectorate.

Article 31. Tasks and powers of district inspectorates

1. The district inspectorates shall assist the People's Committees at the same level in performing state management of inspection and have the following tasks and powers:

a) Develop draft plans for inspection of district inspectorates, report to the presidents of the People's Committees of districts for consideration and decision before submission to the provincial inspectorates to synthesize into annual inspection plans of provinces;

b) Perform tasks of the district inspectorates in annual inspection plans of provinces; inspect implementation of policies and laws, performance of tasks and exercise of powers of professional agencies of the People's Committees of districts and the People's Committees of communes;

c) Inspect other cases assigned by the presidents of the People's Committee of districts;

d) Monitor, urge and examine the implementation of conclusions, recommendations of the district inspectorates and inspection-related decisions of the presidents of the People's Committee of districts;

dd) Summarize and report the results of inspection.

2. Assist the People's Committees of districts in performing state management of reception of citizens, settlement of complaints and denunciations; perform tasks and exercise powers to receive citizens and settle complaints and denunciations in accordance with regulations of the law.

3. Assist the People's Committees of districts in performing state management of anti-corruption; perform tasks and exercise powers to organize anti-corruption in accordance with regulations of the law.

Article 32. Tasks and powers of district chief inspectors

The district chief inspectors shall have the following tasks and powers:

1. Lead and direct inspection within state management of the People's Committees of districts; direct the district inspectorates to perform their tasks and powers under this Law and other regulations of relevant laws;

2. Decide inspection in case of detection of signs of law violations;

3. Recommend competent state agencies to amend or promulgate regulations to meet management requirements; recommend the termination of implementation or annulment of unlawful regulations that have been detected via inspection; 

4. Recommend the presidents of the People's Committees of districts to settle inspection-related matters;

5. Recommend the presidents of the People's Committees of districts to consider liability and handle individuals under the management of the presidents of the People's Committees of districts, who commit violations that have been detected via inspection or fail to comply with conclusions and inspection-related decisions; request the heads of other agencies or organizations to consider liability and handle individuals under their management, who commit violations that have been detected via inspection or fail to comply with conclusions and inspection-related decisions;

6. Request the heads of professional agencies of the People's Committees of districts and the presidents of the People's Committees of communes to consider, rectify and correct mistakes in sectors, domains and local areas under their management that have been detected by the district inspectorates via inspection.

Article 33. Organization of district inspectorates

1. An district inspectorate includes the chief inspector, deputy chief inspectors, inspectors and other public employees.

The district chief inspector is appointed, dismissed, assigned, reassigned or seconded by the president of the People's Committee of district after collection of opinions from the provincial chief inspector

2. The organization of district inspectorates shall comply with regulations of the law on organization of the Local Government and other relevant laws.

Section 7. INSPECTION AUTHORITIES OF GOVERNMENTAL AGENCIES

Article 34. Establishment of inspection authorities of Governmental agencies

1. The Government considers and decides establishment of inspection authorities of Governmental agencies to:

a) Perform some tasks in state management;

b) Perform the assigned tasks in inspection by the law.

2. The organization of inspection authorities of Governmental agencies shall comply with regulations of the law on organization of the Government and other relevant laws.

Article 35. Tasks and powers of inspection authorities of Governmental agencies

1. The inspection authorities of Governmental agencies shall carry out inspection under management of Governmental agencies.

2. The Government elaborates tasks, powers and operation of the inspection authorities of Governmental agencies.

Section 8. SPECIALIZED AUTHORITY ASSIGNED TO CONDUCT INSPECTION

Article 36. Assignment of making of specialized inspection

An authority will be assigned to carry out specialized inspection in the following cases:

1. The assignment is carried out according to regulations of the law;

2. The Government finds it necessary to assign the authority conduct the specialized inspection upon the request of the Inspector General of the Government Inspectorate after agreement with the ministers who are in charge of relevant sectors and domains.

Article 37. Inspection of specialized authorities assigned to conduct inspection

1. The specialized authorities assigned to conduct inspection shall not establish inspection authorities, except for cases specified in Clause 2 Article 18 and Clause 1 Article 34 of this Law. The inspection shall be carried out by persons assigned to conduct specialized inspection in accordance with regulations of this Law and other relevant laws.

2. In inspection, the heads of specialized authorities assigned to conduct inspection shall perform tasks and exercise powers of the heads of inspection agencies. The persons assigned to conduct specialized inspection shall perform tasks and exercise powers of members of inspectorate who are inspectors in accordance with this Law and other relevant laws.

3. Pursuant to regulations of this Law, the Government elaborates inspection and implementation of conclusions on inspection of specialized authorities assigned to conduct inspection.