Chương VI Nghị định 138/2016/NĐ-CP về Quy chế làm việc của Chính phủ: Theo dõi, đôn đốc, kiểm tra việc thi hành văn bản quy phạm pháp luật và thực hiện nhiệm vụ do chính phủ, thủ tướng chính phủ giao

Chapter VI

MONITORING, SUPERVISION AND INSPECTION OF THE IMPLEMENTATION OF LEGAL DOCUMENTS AND PERFORMANCE OF TASKS ASSIGNED BY THE GOVERNMENT AND PRIME MINISTER

Article 37. Scope and subject matters of monitoring, supervision and inspection

1. Scope and subject matters of monitoring, supervision and inspection include:

a/ Implementation of legal documents;

b/ Performance of tasks assigned by the Government and Prime Minister to ministries, agencies and localities in legal documents and direction and administration documents (below referred to as tasks assigned by the Government and Prime Minister).

2. The Government, Prime Minister, ministries, agencies, localities and related organizations and individuals shall monitor, supervise and inspect the implementation of legal documents and performance of tasks assigned by the Government and Prime Minister.

Article 38. Monitoring, supervision and inspection principles

1. To carry out monitoring, supervision and inspection in a regular and planned and coordinated manner to avoid overlap and repetition.

2. To comply with the competence, order and procedures and be based on the grounds prescribed by law; to ensure publicity, transparency, unbiasedness and accuracy and not to obstruct normal operations of inspected agencies and organizations.

3. To ensure effectiveness and enhance administrative discipline and bring about positive improvements in direction and administration work of the Government and Prime Minister and state management agencies.

4. To be associated with the application of information technology to the management of documents and files of affairs and the direction and administration of the Government and Prime Minister; to ensure connectivity from the Government Office to ministries, agencies and localities.

Article 39. Monitoring, supervision and inspection competence

1. The Government and Prime Minister shall comprehensively inspect the implementation of legal documents of the National Assembly, National Assembly Standing Committee, President, Government and Prime Minister as well as the performance of tasks assigned by the Government and Prime Minister.

2. Deputy Prime Ministers shall inspect the implementation of the legal documents and tasks mentioned in Clause 1 of this Article according to the scope and working areas assigned to them by the Prime Minister; other Government members shall inspect the performance of tasks assigned by the Government and Prime Minister as instructed by the Prime Minister.

3. The Minister-Chairperson of the Government Office, head of the working team of the Prime Minister, shall inspect, monitor and press for the performance of the tasks assigned by the Government and Prime Minister to ministries, agencies and localities, and report on a monthly basis on the performance of the tasks by ministries, agencies and localities at the regular Government meeting.

4. The Minister of Justice shall assist the Prime Minister and Deputy Prime Ministers in monitoring the implementation of legal documents of the National Assembly, National Assembly Standing Committee, President, Government and Prime Minister by ministries, agencies and localities and related organizations and individuals, and report thereon to the Government and Prime Minister.

5. Ministers, heads of ministerial-level agencies and government-attached agencies, and chairpersons of provincial-level People’s Councils and People’s Committees shall monitor, press for and inspect the implementation of legal documents and performance of tasks assigned by the Government and Prime Minister to their ministries, agencies and localities.

Article 40. Contents of monitoring, supervision and inspection

1. Implementation of legal documents; organization, progress and results of performance of tasks assigned by the Government and Prime Minister.

2. Implementation of the regulations on information and reporting on the implementation of legal documents and performance of tasks assigned by the Government and Prime Minister to ministries, agencies and localities according to the Working Regulation of the Government and relevant regulations.

3. To clearly identify responsibilities of ministries, agencies and localities as well as competent persons in the implementation of legal documents and performance of tasks assigned by the Government and Prime Minister.

Article 41. Forms of monitoring, supervision and inspection

1. Via the special-use data transmission network of Party and State agencies connected from the Government Office to ministries, agencies and localities.

2. Periodical or irregular reports.

3. Direct working sessions as planned or unexpectedly to meet state management requirements.

4. Forming inspection teams.

5. Other forms.

Article 42. Reporting on inspection results

1. Upon conclusion of an inspection, the agency or person in charge of the inspection shall report on inspection results.

2. An inspection result report must include:

a/ Evaluation of the implementation of legal documents and performance of tasks assigned by the Government and Prime Minister; achievements, limitations, weaknesses and causes during the implementation;

b/ Conclusions or proposals on the handling according to competence to remedy limitations and weaknesses or on adjustment of tasks and revision and supplementation of relevant regulations, if necessary.