Chương II Nghị định 159/2016/NĐ-CP 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: Tổ chức và hoạt động của ban thanh tra nhân dân ở xã, phường, thị trấn

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.