Nghị định số 159/2016/NĐ-CP của Chính phủ: Quy định chi tiết và biện pháp thi hành một số điều của Luật thanh tra về tổ chức và hoạt động của Ban thanh tra nhân dân

THE GOVERNMENT -------	THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No. 159/2016/ND-CP	Hanoi, November 29, 2016

 

DECREE

DETAILING AND PRESCRIBING MEASURES FOR IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE INSPECTION LAW REGARDING THE ORGANIZATION AND OPERATION OF PEOPLE’S INSPECTION BOARDS

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the November 15, 2010 Inspection Law;

At the proposal of the Government Inspector-General;

The Government promulgates the Decree detailing and prescribing measures for implementation of a number of articles of the Inspection Law regarding the organization and operation of people's inspection boards.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details and prescribes measures for implementation of a number of articles of the Inspection Law regarding the organization and operation of people’s inspection boards in communes, wards or townships, state agencies, public non-business units and state enterprises.

Article 2. Role of people’s inspection boards

People’s inspection boards shall be set up in communes, wards or townships, state agencies, public non-business units and state enterprises to oversee the implementation of policies and law, settlement of complaints, denunciations, petitions and reports, and implementation of the law on grassroots democracy by agencies, organizations and individuals, thus contributing to the promotion of democracy, prevention and fighting of corruption and negative phenomena, and protection of lawful rights and interests of citizens, agencies, organizations and units.

Article 3. Standards of and conditions on members of people’s inspection boards

1. A people’s inspection board member must be a person who is honest, impartial, prestigious, knowledgeable about policies and law, and voluntary to join the people’s inspection board.

2. A member of a people’s inspection board in a state agency, public non-business unit or state enterprise must be a person who is working at such agency, public non-business unit or state enterprise and must not be the head or a deputy head of such agency, organization or unit. To be elected to a people’s inspection board, a person must have a remaining working period at least equal to the term of the people’s inspection board.

3. A member of a people’s inspection board in a commune, ward or township must be a permanent resident in such commune, ward or township and must not be an incumbent member of the People’s Committee of such commune, ward or township.

Article 4. Principles of operation of people’s inspection boards

A people’s inspection board shall operate on the principles of impartiality, publicity, transparency, democracy and timeliness; and work on a collegial basis and make decision by majority vote.

Article 5. Prohibited acts

1. Threatening, taking revenge on, and retaliating members of people’s inspection boards.

2. Abusing the tasks and powers of a people’s inspection board to incite, lure or drag other persons into making untruthful complaints or denunciations and committing illegal acts.

Chapter II

ORGANIZATION AND OPERATION OF PEOPLE’S INSPECTION BOARDS IN COMMUNES, WARDS AND TOWNSHIPS

Section 1. ORGANIZATION, TASKS AND POWERS OF PEOPLE’S INSPECTION BOARDS IN COMMUNES, WARDS AND TOWNSHIPS

Article 6. Organization of people’s inspection boards

1. The organization of a people’s inspection board in a commune, ward or township must comply with Article 68 of the Inspection Law.

2. Members of a people’s inspection board in a commune, ward or township shall be elected by a people’s conference or people’s representatives’ conference in a village, hamlet or street quarter.

3. A people’s inspection board must be composed of the head, deputy head and members. The head shall take general responsibility for activities of the people’s inspection board. The deputy-head has the duty to assist the head in performing tasks. Other members shall perform tasks assigned by the head.

4. The term of a people’s inspection board in a commune, ward or township is two years.

Article 7. Number of people’s inspection board members

1. A commune/ward/township people’s inspection board must be composed of between 5 and 11 members.

For a delta commune, ward or township with a population of under 5,000, 5 or 7 members shall be elected; with a population of between 5,000 to under 9,000, 7 or 9 members shall be elected; with a population of  9,000 or more, 9 or 11 members shall be elected.

For a mountain, midland or island commune, ward or township, each village, hamlet or street quarter may elect one member, provided the total number of a people’s inspection board must not exceed 11.

2. Based on the geographical area and population size, the Standing Body of the Vietnam Fatherland Front Committee of a commune, ward or township shall decide on the number of members of the commune/ward/township people’s inspection board.

Article 8. Election of people’s inspection board members

1. Based on the number of members of the commune/ward/township people’s inspection board, the Standing Body of the commune/ward/township Fatherland Front Committee shall determine the number of people’s inspection board members to be elected by villages, hamlets and/or street quarters.

2. The Front’s Working Board head shall assume the prime responsibility for, and coordinate with village chiefs or street quarter heads in organizing people’s conferences or people’s representatives’ conferences in villages, hamlets and/or street quarters to elect members to the people’s inspection board.

3. People’s inspection board members shall be elected at the recommendation of the Front’s Working Board and the nomination of the conference’s participants. They shall be elected by a show of hands or secret ballot as decided by the conference.

4. A people’s conference or people’s representatives’ conference may proceed when more than 50% of the invited participants are present. An elected people’s inspection board member is a person who is voted for by more than 50% of the participants and selected in the descending order of number of votes for.

The Front’s Working Board head shall report the election results to the Standing Body of the commune/ward/township Fatherland Front Committee.

Article 9. Recognition of people’s inspection boards

Within five days after the complete election of people’s inspection board members, the Standing Body of the Vietnam Fatherland Front Committee of a commune, ward or township shall meet with the people’s inspection board members to elect the people’s inspection board head and deputy-head for submission to the conference of the Vietnam Fatherland Front Committee of the same level, which shall issue a resolution to recognize the people’s inspection board and notify the People’s Council and People’s Committee of the same level thereof at their coming session, post up the recognition of the people’s inspection boards at its head office and notify such to local people.

Article 10. Dismissal, relief from office of people’s inspection board members and election of replacements

1. If a people’s inspection board member, during his/her office term, fails to fulfill his/her tasks or no longer gains the people’s confidence, the Vietnam Fatherland Front Committee of the commune, ward or township shall propose the people’s or people’s representatives’ conference to dismiss such member and elect a replacement.

2. If for poor health, family circumstances or other reasons, a people’s inspection board member files a written application for retirement from the people’s inspection board or when a people’s inspection member becomes an incumbent member of the commune- level People’s Committee or moves to another place for permanent residence as prescribed in Clause 3, Article 3 of this Decree, the Standing Body of the Vietnam Fatherland Front Committee of the commune, ward or township shall report such to the conference of the Vietnam Fatherland Front Committee of the same level for temporary relief from duty and report it to the coming people’s or people’s representatives’ conference for decision on the relief of such member from office and elect a replacement.

3. If after the dismissal or relief from office of a member, the remaining members of the people’s inspection board still represent two-thirds or higher proportion of the total number of members, such people’s inspection board may still operate normally.

4. The election of a people’s inspection board member to replace the dismissed or relieved one as prescribed in Clause 1 or 2 of this Article must comply with Article 8 of this Decree.

Article 11. Tasks and powers of the people’s inspection boards and their heads

1. Tasks and powers of a people’s inspection board:

a/ To supervise agencies, organizations and responsible persons in the commune, ward or township in the implementation of policies and law; settlement of complaints, denunciations, petitions and reports; implementation of the law on grassroots democracy as prescribed in Article 13 of this Decree. When detecting signs of violation of law, to request a competent person to handle them in accordance with law and supervise the implementation of its request.

b/ To verify cases assigned by the chairperson of the commune/ward/township People’s Committee;

c/ To participate in inspections and examinations in the commune, ward or township at the request of competent state agencies; to provide information and documents and appoint its members to participate upon request;

d / To propose the commune/ward/township People’s Committee chairperson to handle violations according to its competence and address limitations and shortcomings detected through supervisory activities, ensuring lawful rights and interests of citizens, agencies, organizations and units;

dd/ To propose to the chairperson of the People’s Committee and chairperson of the Vietnam Fatherland Front Committee of the commune, ward or township forms of incentives, praise and commendation applicable to collectives and individuals that detect violations and record achievements in their work;

e/ To receive petitions and reports of agencies, organizations, units and individuals falling within the scope of its supervision;

g/ To perform other tasks and exercise other powers as prescribed by law.

2. Tasks and powers of the people’s inspection board head:

a/ To convene and preside over meetings and conferences; to preside over supervisions and verifications under the competence of the people’s inspection board;

b/ To assign tasks to people’s inspection board members;

c/ To represent the people’s inspection board in the relationship with the Standing Body of the Vietnam Fatherland Front Committee, the People’s Committee chairperson, the Standing Body of the People’s Council of the same level, and concerned agencies and organizations;

d/ To be invited to attend meetings of the People’s Council and People’s Committee of the commune, ward or township on issues related to the supervision and verification tasks of the people’s inspection board;

dd/ To attend meetings of the commune/ward/township Vietnam Fatherland Front Committee on issues related to the organization and operation of the people’s inspection board.

Section 2. OPERATION OF COMMUNE/WARD/TOWNSHIP PEOPLE’S INSPECTION BOARDS

Article 12. Formulation of programs and plans on operation of people’s inspection boards

1. Annually, a people’s inspection board shall base itself on the resolutions of the commune/ward/township People’s Council, the program of action and direction of the Vietnam Fatherland Front Committee of the same level to formulate its program and plan of operation.

2. A people’s inspection board shall report its program and plan of operation to the Vietnam Fatherland Front Committee of the commune, ward or township.

Article 13. Scope of supervision by people’s inspection boards

1. Activities of the commune/ward/township People’s Committee.

2. The implementation of resolutions of the People’s Council and decisions of the People’s Committee of the commune, ward or township.

3. Activities of the chairperson and vice-chairpersons of the People’s Council; the chairperson, vice-chairpersons and members of the People’s Committee; cadres and civil servants working in the commune, ward or township and village chiefs and deputy-chiefs, street quarter heads and deputy-heads and persons assuming equivalent posts.

4. The settlement of complaints, denunciations, petitions and reports in the commune, ward or township:

a/ Citizen receptions of the chairperson of the commune/ward/township People’s Committee;

b/ The receipt and handling of complaints, denunciations, petitions and reports which fall under the competence of the commune/ward/township People’s Committee chairperson;

c/ The settlement of complaints, denunciations, petitions and reports which fall under the competence of the commune/ward/township People’s Committee chairperson;

d/ The execution of legally effective decisions on settlement of complaints and handling of denunciations in the commune, ward or township.

5. The implementation of regulations on grassroots democracy in the commune, ward or township.

6. Budget collection, spending and finalization, financial publicity in the commune, ward or township.

7. The implementation of investment projects and works with people’s contributions or investments and funds provided by the state, organizations and individuals to the commune, ward or township.

8. Facilities developed in the commune, ward or township that directly affect local production, security, order, socio-cultural activities, environmental sanitation and people’s life.

9. The management of construction order, condominiums and residential quarters, the management and use of land in the commune, ward or township.

10. The collection and spending of various funds and fees under state regulations, amounts contributed by people in the commune, ward or township.

11. The execution of conclusions and decisions on inspection and examination results issued by competent state agencies, and the handling of corruption cases related to commune/ward/township officers.

12. The implementation of regimes and policies on preferential treatment, care for and assistance to war invalids, diseased army men, martyrs’ families, persons and families with meritorious services to the country, and social insurance and social relief policy in the commune, ward or township.

13. Other issues as prescribed by law.

Article 14. Methods of exercising the supervisory powers of people’s inspection boards

1. Receiving reports of people and directly collecting information and documents to supervise agencies, organizations and responsible persons in the commune, ward or township that are engaged in activities subject to supervision by the people’s inspection board.

2. Detecting illegal acts committed by agencies, organizations and individuals in the commune, ward or township.

3. Proposing directly or via the Standing Body of the Vietnam Fatherland Front Committee of the commune, ward or township the chairperson of the People’s Council or chairperson of the People’s Committee of the commune, ward or township or competent agencies, organizations or persons to consider and settle matters in relation to the people’s inspection board’s supervision and overseeing the settlement of such proposals.

Article 15. Supervisory activities of people’s inspection boards

1. At least 5 days before carrying out a supervision, a people’s inspection board shall send a plan thereon to the Standing Body of the Vietnam Fatherland Front Committee and the chairperson of the People’s Committee of the commune, ward or township. The plan must specify the supervision contents, time and location; supervisors; funding and conditions for the supervision.

2. During supervision, a people’s inspection board may request the chairperson of the People’s Council or chairperson of the People’s Committee of the commune, ward or township to provide information and documents relevant to the supervision.

3. If detecting that an agency or organization or a responsible person in the commune, ward or township infringes upon the people’s mastery and shows signs of corruption, wastefulness or wrongful use of state property, state budget or people’s contributions; that implements a program or project, or manages and uses land in contravention of law and commits other illegal acts which fall within the scope of its supervision, a people’s inspection board shall propose the chairperson of the People’s Council or chairperson of the People’s Committee of the commune, ward or township or other competent agencies, organizations or persons to consider and settle such matter and concurrently report thereon to the Vietnam Fatherland Front Committee of the commune, ward or township.

4. Within 15 days after receiving a proposal, a competent agency, organization or person shall examine and settle it and notify the settlement result to the people’s inspection board. If its proposal is not considered and settled or thoroughly settled, the people’s inspection board may request the chairperson of the People’s Council or chairperson of the People’s Committee of the rural district, urban district, provincial city or town or other competent agencies, organizations or persons to consider and settle it and handle concerned persons.

Article 16. Verification activities of people’s inspection boards

1. When assigned by the commune/ward/township People’s Committee chairperson to verify a certain case or matter, a people’s inspection board shall strictly comply with the assigned content, time, scope and tasks.

2. During verification, a people’s inspection board may request concerned organizations and individuals to provide necessary information and documents to serve the verification; and examine and clarify matters to be verified. The verification shall be recorded in writing.

Upon the conclusion of the verification, the people’s inspection board shall report the verification result and propose handling measures to the commune/ward/township People’s Committee chairperson.

3. In case of detecting an illegal act that causes damage to the interests of the State, lawful rights and interests of organizations and/or citizens, which needs to be promptly handled, a people’s inspection board shall make a record thereon and request the commune/ward/township People’s Council chairperson or People’s Committee chairperson or competent agencies, organizations or persons to settle the case, and supervise the implementation of its request.

4. Within 15 days after receiving a request, the head of the competent body or organization shall examine and settle it and notify the result to the requesting people’s inspection board. If its request is not implemented or fully implemented, the people’s inspection board may propose the chairperson of the People’s Council or chairperson of the People’s Committee of the rural district, urban district, town or provincial city to consider and settle it and handle concerned persons.

Article 17. Working regime of people’s inspection boards

A people’s inspection board shall meet quarterly to review its activities in the quarter and deploy activities in the following quarter, or meet extraordinarily in case of necessity.

A people’s inspection board shall implement the regime of quarterly reporting to the conference of the commune/ward/township Vietnam Fatherland Front Committee; biannually reviewing its activities and annually reviewing its activities and reporting them at the conference of the commune/ward/township Vietnam Fatherland Front Committee.

Section 3. RESPONSIBILITIES OF VIETNAM FATHERLAND FRONT COMMITTEES, PEOPLE’S COMMITTEES OF COMMUNES, WARDS AND TOWNSHIPS, DISTRICT INSPECTORATES

Article 18. Responsibilities of a commune/ward/township Vietnam Fatherland Front Committee

1. To perform the tasks specified in Article 71 of the Inspection Law.

2. To consider and settle, and press for the timely settlement of, proposals of the people’s inspection boards.

3. To assume the prime responsibility for, or coordinate with concerned agencies and organizations in, providing professional training for people’s inspection board members. To assume the prime responsibility for coordinating the Front’s member organizations in providing support for people’s inspection boards’ activities.

4. To invite people’s inspection boards’ representatives to attend meetings of commune/ward/township Vietnam Fatherland Front Committees on activities of the people’s inspection board.

Article 19. Responsibilities of a commune/ward/township People’s Committee

1. To perform the tasks specified in Article 70 of the Inspection Law.

2. To consider and promptly settle proposals of the people’s inspection boards. If the proposal contents are beyond its competence, to report them to the People’s Committee of the rural district, urban district, town or provincial city or to competent state agencies for consideration, settlement and handling and at the same time notify the people’s inspection boards thereof.

3. To handle according to its competence or propose competent agencies, organizations or persons to handle persons who commit illegal acts, obstruct activities of the people’s inspection boards, or threaten, take revenge on or retaliate people’s inspection board members.

4. To invite people’s inspection boards’ representatives to attend meetings of the People’s Committee on matters related to the supervisory tasks of the people’s inspection board.

5. To provide funding for the people’s inspection boards under decisions of competent state agencies and create favorable conditions for their activities.

Article 20. Responsibilities of a district inspectorate

A district inspectorate shall coordinate with the Vietnam Fatherland Front Committee of the same level in providing professional guidance for the people’s inspection boards in communes, wards and townships.

Article 21. Funding for and financial regulations applicable to people’s inspection boards

1. The operational funding for people’s inspection boards shall be reported by provincial-level People’s Committees to their People’s Councils for inclusion into commune- level budgets to be allocated by commune-level People’s Committees for activities of people’s inspection boards.

2. The operational funding for a people’s inspection board shall be spent on the organization of supervisions, verifications and meetings; to pay responsibility remuneration for its members and for other activities of the board in accordance with law.

3. The Ministry of Finance shall promulgate a circular guiding the operational funding for people’s inspection boards in communes, wards and townships.

Chapter III

ORGANIZATION AND ACTIVITIES OF PEOPLE’S INSPECTION BOARDS IN STATE AGENCIES, PUBLIC NON-BUSINESS UNITS AND STATE ENTERPRISES

Section 1. ORGANIZATION, TASKS AND POWERS OF PEOPLE’S INSPECTION BOARDS IN STATE AGENCIES, PUBLIC NON-BUSINESS UNITS AND STATE ENTERPRISES

Article 22. Organization of people’s inspection boards

1. The organization of people’s inspection boards in state agencies, public non-business units and state enterprises must comply with Article 72 of the Inspection Law.

2. A people’s inspection board must be composed of the head and members. A people’s inspection boards with 5 members or more may elect one deputy-head.

The head shall assume general responsibility for activities of his/her people’s inspection board. The deputy-head shall assist the head in performing tasks. Other members of a people’s inspection board shall perform tasks assigned by the head.

3. The term of office of people’s inspection boards in state agencies, public non-business units or state enterprises is two years.

4. The people’s inspection boards in state agencies and public non-business units shall be elected by conferences of cadres, civil servants and public employees or conferences of representatives of cadres, civil servants and public employees. The people’s inspection boards in state enterprises will be elected by workers’ conferences.

5. People’s inspection boards shall be established in state agencies from the central level to commune, ward or township level, in public non-business units, and in state enterprises with grassroots trade union organizations.

Article 23. Number of members of a people’s inspection board

The people’s inspection board in a state agency, public non-business unit or state enterprise shall be composed of 3,5,7 or 9 members. Based on the number of cadres, civil servants and public employees or workers, the grassroots Trade Union Executive Committee shall propose the number of people’s inspection board members for decision at the conference of cadres, civil servants and public employees or of representatives of cadres, civil servants and public employees or of workers.

For a state agency, public non-business unit or state enterprise characterized by peculiarities or scattered production and business activities, the grassroots Trade Union Executive Committee shall decide on an appropriate number of people’s inspection board members, ensuring the board’s effective performance.

Article 24. Election of people’s inspection board members

1. Based on the standards and number of members of people’s inspection boards in state agencies, public non-business units and state enterprises, the grassroots Trade Union Executive Committee shall recommend a list of candidates standing for the people’s inspection board and a list of candidates nominated by cadres, civil servants, public employees or workers for election.

2. The conference of cadres, civil servants and public employees or of representatives of cadres, civil servants and public employees or of workers for election of people’s inspection board members must be attended by over 50% of the summoned persons; the election of people’s inspection board members shall be conducted by such conference via secret ballot. Persons elected to the people’s inspection board must be those who are voted for by over 50% of the conference participants and be selected according to the descending order of votes for.

Article 25. Recognition of people’s inspection boards

Within 5 days after the complete election of people’s inspection board members, the grassroots Trade Union Executive Committee shall meet with the people’s inspection board members to elect the head and deputy-head; issue a decision to recognize the people’s inspection board and notify it to cadres, civil servants, public employees or workers in the state agency, public non-business unit or state enterprise.

Article 26. Dismissal, relief from office of people’s inspection board members and election of replacements

1. During his/her office term, if a people’s inspection board member fails to fulfill his/ her tasks or no longer wins confidence, the grassroots Trade Union Executive Committee shall propose the coming conference of cadres, civil servants and public employees or of representatives of cadres, civil servants and public employees or of workers to decide the dismissal of such member and elect a replacement.

2. If for poor health, family difficulties or other reasons, a people’s inspection board member files a written request for retirement from the people’s inspection board or a people’s inspection board member is appointed to a managerial post specified in Clause 2, Article 3 of this Decree or transferred to work at another agency or unit, the grassroots Trade Union Executive Committee shall temporarily relieve him/her from work and report it to the coming conference of cadres, civil servants and public employees or of representatives of cadres, civil servants and public employees or of workers to decide on the relief from office of such member and elect a replacement.

3. If after the dismissal or relief from office of a member, the remaining members of the people’s inspection board still represent two-thirds or a higher proportion of the total number, such people’s inspection board may still operate normally.

4. The grassroots Trade Union Executive Committee shall recommend a person to replace the dismissed or relieved member for election at the coming conference of cadres, civil servants and public employees or of representatives of cadres, civil servants and public employees or of workers. The election of a replacement must comply with Article 24 of this Decree.

Article 27. Tasks and powers of people’s inspection boards and their heads

1. Tasks and powers of a people’s inspection board:

a /To supervise the state agency, public non-business unit or state enterprise and responsible persons therein in accordance with Article 29 of this Decree, upon detecting signs of law violation, to propose a competent person to settle them in accordance with law and supervise the implementation of such proposal;

b/ To verify cases and cases as assigned by the head of the state agency, public non- business unit or state enterprise;

c/ To participate in inspections and examinations at the state agency, public non- business unit or state enterprise at the request of competent state agencies; to provide information and documents; to appoint participants upon request;

d/ To propose the head of the state agency, public non-business unit or state enterprise to handle violations according to his/her competence and address limitations and shortcomings detected through supervisory activities, ensuring lawful rights and interests of cadres, civil servants and public employees or workers;

dd/ To propose to the grassroots Trade Union Executive Committee and head of the state agency, public non-business unit or state enterprise forms of incentives, praise and commendation for cadres, civil servants and public employees or workers who have detected violations and recorded achievements in their work;

e/ To receive petitions and reports of cadres, civil servants, public employees or workers as well as organizations and individuals which are related to the scope of supervision by the people’s inspection board;

g/ To perform other tasks and exercise other powers as prescribed by law.

2. Tasks and powers of the head of a people’s inspection board:

a/ To convene and preside over meetings and conferences; to preside over supervisions and verifications falling under the competence of the people’s inspection board;

b/ To assign tasks to people’s inspection board members;

c/ To represent his/her people’s inspection board in relations with the grassroots Trade Union Executive Committee, the head of the state agency, public non-business unit or state enterprise and with concerned agencies and organizations.

d/ To be invited to attend meetings of the state agency, public non-business unit or state enterprise on matters related to supervision and verification tasks of the people’s inspection board;

dd/ To attend meetings of the grassroots Trade Union Executive Committee on matters related to the organization and operation of the people’s inspection board.

Section 2. ACTIVITIES OF PEOPLE’S INSPECTION BOARDS IN STATE AGENCIES, PUBLIC NON-BUSINESS UNITS AND STATE ENTERPRISES

Article 28. Formulation of programs and plans on activities of people’s inspection boards

1. Annually, the people’s inspection board shall base itself on the resolution of the conference of cadres, civil servants and public employees or of representatives of cadres, civil servants and public employees in the state agency or public non- business unit, or of workers in the state enterprise and on the direction of the grassroots Trade Union Executive Committee to formulate programs and plans and funding for its activities.

2. Programs, plans and funding for activities of people’s inspection boards shall be effective after they are approved by the grassroots Trade Union Executive Committee.

Article 29. Scope of supervision of people’s inspection boards

1. The scope of supervision by the people’s inspection board in a state agency or public non-business unit:

a/ The implementation of the Party’s policies and the State’s laws; the performance of tasks of the agency or unit;

b/ The use of operational funding from the state budget, use of funds, compliance with the financial and property management regimes and financial self-examinations by the agency or unit;

c/ The implementation of resolutions of conferences of cadres, civil servants and public employees or of conferences of representatives of cadres, civil servants and public employees of the agency or unit, implementation of internal rules and regulations of the agency or unit;

d/ The implementation of regimes and policies toward cadres, civil servants, public employees and workers as prescribed by law;

dd/ The implementation of regulations on grassroots democracy in the agency or unit;

e/ The reception of citizens, receipt and handling of written complaints, denunciations, petitions and reports; the settlement of complaints, denunciations, petitions and reports which fall under the competence of the head of the state agency or public non-business unit; the execution of legally effective complaint settlement or denunciation handling decisions at the state agency or public non-business unit;

g/ The implementation of inspection or examination handling conclusions and decisions of competent state agencies; the handling of cases of corruption and wastefulness in the agency or unit;

h/ Other matters as prescribed by law.

2. Scope of supervision by the people’s inspection board in a state enterprise:

a/ The implementation of production and business tasks, norms and plans of the enterprise; the application of regimes and policies toward workers under law;

b/ The implementation of regulations on grassroots democracy at workplace; resolutions of the conferences of workers; dialogues or requested dialogue results recorded in minutes;

c/ The implementation of internal rules and regulations of the enterprise;

d/ The implementation of the collective labor agreement;

dd/ The performance of labor contracts;

e/ The implementation of policies and regimes of the State, the enterprise’s obligations toward the State; the use of funds at the enterprise;

g/ The settlement of labor disputes;

h/ The reception of citizens, receipt and processing of written complaints, denunciations, petitions and reports; the settlement of complaints, denunciations, petitions and reports which fall under the competence of the enterprise’s head; the execution of legally effective complaint settlement and denunciation handling decisions at the enterprise;

i/ The implementation of inspection and examination handling conclusions and decisions of competent state agencies; the handling of corruption and wastefulness cases in the enterprise;

j/ Other matters as prescribed by law.

Article 30. Methods of exercising the people’s inspection boards’ right to supervision

1. Receiving reports of cadres, civil servants, public employees and laborers, collecting information and documents in order to consider and supervise agencies, organizations and responsible persons in state agencies, public non-business units or state enterprises in carrying out activities within the scope of supervision of the people’s inspection boards.

2. Detecting illegal acts of agencies, organizations or persons in state agencies, public non-business units or state enterprises.

3. Proposing directly or via the grassroots Trade Union Executive Committee to the heads of state agencies, public non-business units or state enterprises matters directly related to the contents falling within the scope of supervision of the people’s inspection boards.

Article 31. Supervisory activities of people’s inspection boards

1. Within 5 days before conducting a supervision, a people’s inspection board shall send its plan to the grassroots Trade Union Executive Committee and the head of the state agency, public non-business unit or state enterprise. The plan must specify the supervision contents, time and location; supervisors; funding and conditions for the supervision.

2. During supervision, a people’s inspection board may request the head of the state agency, public non-business unit or state enterprise to provide information and documents relevant to the supervision contents.

3. If detecting acts of infringing upon the lawful rights and interests of cadres, civil servants, public employees or laborers, which show signs of corruption, waste, improper budget collection and spending and improper use of contributed amounts, welfare funds of cadres, civil servants, public employees or laborers and other illegal acts which fall within the scope of supervision by the people’s inspection board, a people’s supervision board shall propose directly or via the grassroots Trade Union Executive Committee the head of the state agency, public non-business unit or state enterprise or competent agencies or organizations to consider and settle them. In case of directly proposing the head to consider and settle, the people’s inspection board shall report thereon to the grassroots Trade Union Executive Committee.

4. Within 15 days after receiving a proposal, the head of the state agency, public non-business unit, state enterprise or a competent agency or organization shall consider and settle it and notify the settlement result to the people’s inspection board. If the proposal is not considered and settled or fully implemented, the people’s inspection board may propose the head of the immediate superior agency, organization or unit of the state agency, public non-business unit or state enterprise to consider and settle the matter and handle concerned persons. If the head of the superior agency, organization or unit does not consider and settle the matter, the people’s inspection board may propose other competent agencies, organizations or persons to consider and settle it, then handle concerned persons.

Article 32. Verification activities of people’s inspection boards

1. When being assigned a verification by the head of the state agency, public non- business unit or state enterprise, a people’s inspection board shall strictly comply with the contents, time and scope of the assigned task.

2. During verifications, a people’s inspection board may request concerned organizations and individuals to provide necessary information and documents to serve the clarification of to-be-verified matters.

After concluding a verification, a people’s inspection board shall report to the head of the state agency, public non-business unit or state enterprise on the verification result, and at the same time propose settlement measures.

3. During verification, if detecting illegal acts which cause damage to the interests of the State, lawful rights and interests of cadres, civil servants, public employees or workers, which need to be promptly handled, a people’s inspection board shall make a record thereon and propose the head of the state agency, public non-business unit or state enterprise or competent agencies or organizations to settle them, and supervise the implementation of such proposal.

4. Within 15 days after receiving a proposal, the head of the state agency, public non- business unit, state enterprise or a competent agency or organization shall consider and settle it and notify the settlement result to the people’s inspection board. If its proposal is not implemented or fully implemented, the people’s inspection board may propose the head of the immediate superior agency, organization or unit of the state agency, public non-business unit or state enterprise to consider and settle it, and handle concerned persons. If the head of the superior agency, organization or unit declines to consider and settle its proposal, the people’s inspection board may propose other competent agencies, organizations or persons to consider and settle it and handle concerned persons.

Article 33. Working regime of people’s inspection boards

A people’s inspection board shall meet periodically once a quarter to review its activities in the quarter and deploy activities in the following quarter, or meet extraordinarily if necessary.

A people’s inspection board shall follow the regime of quarterly and biannually reporting to the grassroots Trade Union Executive Committee; annually reviewing its activities and reporting thereon to the conference of cadres, civil servants and public employees or of representatives of cadres, civil servants and public employees or of workers.

Section 3. RESPONSIBILITIES OF TRADE UNION EXECUTIVE COMMITTEES, STATE AGENCIES, PUBLIC NON-BUSINESS UNITS, STATE ENTERPRISES AND STATE INSPECTORATES

Article 34. Responsibilities of Trade Union Executive Committees

1. A grassroots Trade Union Executive Committee has the responsibility:

a/ To perform the tasks specified in Article 75 of the Inspection Law;

b/ To assume the prime responsibility for, or coordinate with concerned agencies or organizations in, providing professional training for people’s inspection board members. To assume the prime responsibility for coordination with other organizations in the agency or unit in supporting activities of the people’s inspection board;

c/ To guide the people’s inspection board in formulating annual working plans;

d/ To consider and promptly settle proposals of the people’s inspection board;

dd/ To invite representatives of the people’s inspection board to attend meetings of the grassroots Trade Union Executive Committee on matters related to the organization and operation of the people’s inspection board.

2. The immediate superior Trade Union Executive Committee shall direct the grassroots Trade Union Executive Committee in guiding and directing the organization and activities of the people’s inspection board.

Article 35. Responsibilities of the head of a state agency, public non-business unit or state enterprise

1. To perform the tasks specified in Article 74 of the Inspection Law.

2. To promptly settle proposals of the people’s inspection board. If the proposal content is beyond his/her competence, to report thereon to a competent agency, organization or person for consideration and settlement, and notify the people’s inspection board thereof.

3. To handle according to his/her competence or propose a competent agency, organization or person to handle persons who commit illegal acts, obstruct activities of the people’s inspection board, threaten, take revenge on, or retaliate the board’s members.

4. To invite representatives of the people’s inspection board to attend meetings of the state agency, public non-business unit or state enterprise on matters related to the supervisory tasks of the people’s inspection board.

5. To allocate annual operational fundings for the people’s inspection board; to ensure necessary conditions for the board’s activities.

Article 36. Responsibilities of state Inspectorates

1. The Government Inspectorate shall, within the ambit of its functions, tasks and powers, coordinate with the Standing Body of the Vietnam Fatherland Front Central Committee and the Presidium of Vietnam General Confederation of Labor in providing professional guidance for people’s inspection boards.

2. The inspectorates of ministries or ministerial-level agencies shall coordinate with the Trade Union Executive Committees of the same level in providing professional guidance for people’s inspection boards in state agencies, public non-business units and state enterprises under their respective management.

3. The provincial-level Inspectorates shall coordinate with the Labor Federations of the same level in providing professional guidance for people’s inspection boards in state agencies, public non-business units and state enterprises which are managed by the provincial- level People’s Committees.

4. The district inspectorates shall coordinate with the Labor Federations of the same level in providing professional guidance for people’s inspection boards in state agencies, public non-business units and state enterprises which are managed by the district-level People’s Committees.

Article 37. Fundings and financial regimes applicable to people’s inspection boards

1. The operational fundings for people’s inspection boards in state agencies, public non-business units or state enterprises shall be allocated from the operational fundings of those state agencies, public non-business units or state enterprises.

2. The operational fundings of a people’s inspection board shall be used for the organization of inspections, verifications, meetings; payment of responsibility remuneration to its members and on other activities of the board in accordance with law.

3. The Ministry of Finance shall promulgate a circular guiding the operational fundings for people’s inspection boards in state agencies, public non-business units and state enterprises.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 38. Effect

1. This Decree takes effect on February 1, 2017, and replaces the Government’s Decree No. 99/2005/ND-CP of July 28,2005, detailing a number of articles of the Inspection Law regarding the organization and operation of people’s inspection boards.

2. The people’s inspection boards set up before this Decree takes effect may continue operating until the end of their terms and shall comply with the tasks and powers prescribed in this Decree.

Article 39. Implementation responsibility

1. The ministers, heads of ministerial-level agencies, heads of Government-attached agencies, chairpersons of provincial-level People’s Committees and related organizations and individuals shall implement this Decree.

2. The Standing Body of the Vietnam Fatherland Front Central Committee and the Presidium of the Vietnam General Confederation of Labor are requested to guide, within the scope of their respective functions, tasks and powers, the implementation of matters related to their responsibility to direct the organization and operation of people’s inspection boards; and to coordinate with related state agencies in guiding the implementation of this Decree.-

 

ON BEHALF OF THE GOVERNMENT PRIME MINISTER Nguyen Xuan Phuc