Chương III 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 cơ quan nhà nước, đơn vị sự nghiệp công lập, doanh nghiệp nhà nước

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.