Chương II Nghị định 33/2015/NĐ-CP Quy định việc thực hiện kết luận thanh tra: Trách nhiệm của cơ quan, tổ chức, cá nhân trong việc thực hiện kết luận thanh tra

Chapter II

RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS AND INDIVIDUALS FOR IMPLEMENTING INSPECTION CONCLUSIONS

Section 1. RESPONSIBILITIES OF HEADS OF STATE MANAGEMENT AGENCIES OF THE SAME LEVEL WITH INSPECTION CONCLUSION ISSUING AGENCIES

Article 4. Direction of implementation of inspection conclusions

1. Within 15 days after receiving the inspection conclusion, the head of the state management agency of the same level with the inspection conclusion issuing agency shall promulgate a document guiding the implementation of the inspection conclusion in one of the following cases:

a/ The inspection conclusion has contents requiring directions for implementation;

b/ The inspection conclusion has contents involving foreign elements;

c/ Propositions in the inspection conclusion conform with law but are lawfully unenforceable.

d/ The inspection conclusion for which the head of the state management agency of the same level with the inspection conclusion issuing agency needs guiding documents for implementation.

2. A document guiding the implementation of the inspection conclusion must clearly show opinions about propositions in the inspection conclusion and the transfer of the case dossier showing criminal signs to an investigative agency; clearly specify implementation responsibilities, and time and the deadline for reporting on implementation results of the inspected subject, the inspection conclusion issuing agency, the agency directly managing the inspected subject and agencies, organizations and individuals involved in the implementation of the inspection conclusion.

3. Guiding contents or requests and propositions for implementation of inspection conclusions of the head of the state management agency of the same level with the inspection conclusion issuing agency shall be issued in a single document or in separate documents.

4. Documents guiding the implementation of inspection conclusions, handling decisions, written requests and propositions on inspection prescribed in this Article and Articles 5,6 and 7 of this Decree shall be sent to the inspection conclusion issuing agency and agencies, organizations and individuals liable for implementation.

Article 5. Handling of administrative and economic violations

1. Within 15 days after receiving the inspection conclusion, the head of the state management agency of the same level with the inspection conclusion issuing agency shall:

a/ Request agencies, organizations and individuals under his/her management to suspend or terminate violations, recover money, land use rights and other assets which are illegally appropriated or used or lost due to law violations;

b/ Within his/her competence, carry out administrative violation sanctioning procedures; decide to recover money, land use rights and other assets which are illegally appropriated or used or lost due to law violations; take measures to remedy law violations in state management fields; and apply other managerial measures in accordance with law;

c/ Propose competent persons to sanction administrative violations; propose competent agencies, organizations and individuals to apply remedial measures to law violations in state management fields.

2. The competence, order and procedures for sanctioning administrative violations, recovering money, land use rights and other assets and taking remedies for law violations in state management fields must comply with the law on sanctioning of administrative violations and relevant laws.

3. Within 2 days after the date of their issuance, documents handling administrative and economic violations prescribed in Clause 1 of this Article shall be sent to the inspected subject, related agencies, organizations and individuals and the inspection conclusion issuing agency.

Article 6. Handling of violating cadres, civil servants, public employees and persons

1. Based on the decentralization of management and employment of cadres, civil servants and public employees, the head of the state management agency of the same level with the inspection conclusion issuing agency shall:

a/ Direct the review and clear determination of responsibilities of violating units and individuals;

b/ Carry out disciplining procedures, issue decisions disciplining cadres, civil servants and public employees and handling law violators under his/her direct management;

c/ Request agencies, organizations or individuals under his/her management to discipline cadres, civil servants and public employees and handle law violators under the management of those agencies, organizations and individuals;

d/ Propose competent agencies, organizations or individuals to discipline cadres, civil servants and public employees and handle law violators under the management of those agencies or organizations.

2. The competence, order and procedures for disciplining cadres, civil servants and public employees and handling law violators must comply with the law on cadres, civil servants and public employees, the labor law, and relevant laws.

Article 7. Redressing of management loopholes and weaknesses and improvement of policies and laws

1. Within 15 days after receiving the inspection conclusion, the head of the state management agency of the same level with the inspection conclusion issuing agency shall:

a/ Direct agencies, organizations and individuals under his/her management to apply necessary measures to promptly redress management loopholes and weaknesses, suspend or terminate violations; cancel, annul or terminate the implementation of documents with illegal contents, and improve policies and laws;

b/ Within the scope of his/her responsibility, promptly apply measures to redress management loopholes and weaknesses; cancel, annul or terminate the implementation of documents with illegal contents, and improve policies and laws;

c/ Propose competent agencies, organizations and individuals to apply measures to redress management loopholes and weaknesses, suspend or terminate violations, promulgate or cancel, annul or terminate the implementation of documents with illegal contents, and improve policies and laws.

2. The order and procedures for suspension, cancellation, annulment, amendment, supplementation, and promulgation of legal documents, guiding and administering documents which contain illegal contents must comply with the law on the promulgation of legal documents and other relevant legal documents.

Section 2. RESPONSIBILITIES OF HEADS OF INSPECTION CONCLUSION ISSUING AGENCIES

Article 8. Decision on and request and proposition for implementation of inspection conclusions

1. Within 15 days after the date of issuing an inspection conclusion or the date of receiving the document guiding the implementation of the inspection conclusion, the head of the inspection conclusion issuing agency shall:

a/ Within his/her competence, conduct procedures for handling administrative violations; decide to recover money, land use rights and other assets which are illegally appropriated or used or lost due to law violations; apply remedial measures to law violations; consider the disciplining of cadres, civil servants and public employees and handling of law violators under his/her management; apply other managerial measures in accordance with law;

b/ Request the inspected subject, and related agencies, organizations and persons to terminate violations; recover money, land use rights, and other assets which are illegally used appropriated, or lost due to law violations; handle administrative violations according to his/ her competence; handle according to his/her competence or propose competent authorities to discipline cadres, civil servants and public employees and handle law violators; apply measures to redress management loopholes and weaknesses, terminate violations; cancel, annul and suspend the implementation of documents with illegal contents, and improve policies and laws;

c/ Transfer the case dossier showing criminal signs to competent investigative agencies for handling in accordance with law.

2. The competence, order and procedures for handling administrative violations, recovering money, land use rights and other assets, remedying law violations in state management fields must comply with the law on handling of administrative violations and relevant laws.

Article 9. Supervision, urging and examination of implementation of inspection conclusions

Heads of inspection conclusion issuing agencies shall organize the supervision, urging and examination of inspected subjects, and agencies, organizations and individuals involved in the implementation of inspection conclusions.

The supervision, urging and examination of the implementation of inspection conclusions must comply with Chapter III of this Decree.

Section 3. RESPONSIBILITIES OF INSPECTED SUBJECTS AND RELATED AGENCIES, ORGANIZATIONS AND INDIVIDUALS

Article 10. Organization of implementation of inspection conclusions, guiding documents, requests, propositions and handling decisions on inspection

1. After receiving the inspection conclusion, guiding documents, requests, propositions, and handling decisions on inspection, the inspected subject and related agencies, organizations and individuals shall:

a/ Implement and organize the timely and full implementation of obligations clearly determined in the inspection conclusion, guiding documents, requests, propositions, and handling decisions on inspection;

b/ In case the inspection conclusion contains contents involving responsibilities of many agencies, organizations and individuals, the inspected agency and organization shall elaborate a plan on inspection conclusion implementation.

This plan must clearly determine purposes, requirements, schedule, time and methods for implementation of contents of the inspection conclusion, guiding documents, requests, propositions, and handling decisions on inspection and assign implementation responsibilities of each agency, organization and individual.

The inspection conclusion implementation plan shall be sent to the inspection conclusion issuing agency and related agencies, organizations and individuals.

2. Within the ambit of their tasks and powers, the heads of the inspected agency or organization, and related agencies and organizations shall:

a/ Promptly direct and assign agencies, organizations, units and individuals to fully implement the contents prescribed in Clause 1 of this Article;

b/ Urge units and individuals under their management to implement inspection conclusions and guiding documents, requests, propositions and handling decisions on inspection;

c/ Within their competence, ensure conditions and adopt measures for units and individuals under their management to strictly, fully and promptly implement inspection conclusions and guiding documents, requests, propositions, and handling decisions on inspection;

d/ Examine and inspect agencies, organizations and individuals under their management according to inspection conclusions and guiding documents, requests, propositions, and handling decisions on inspection;

dd/ Handle violating agencies, organizations and individuals under their management in the implementation of the inspection conclusions and guiding documents, requests, propositions and handling decisions on inspections.

Article 11. Implementation of inspection conclusions, guiding documents, requests, propositions, decisions on handling of administrative and economic violations

Based on inspection conclusions, guiding documents, requests, propositions, and decisions on handling of administrative and economic violations, within the ambit of their responsibilities, the head of the inspected agency or organization and related agencies, organizations and individuals shall:

1. Fully and promptly implement decisions on handling of administrative and economic violations on schedule; suspend or terminate violations; recover money, land use rights and other assets which are illegally appropriated or used or lost due to law violations.

2. Promptly conduct procedures for sanctioning administrative and economic violations; apply remedial measures to law violations; request agencies, organizations and individuals under their management to suspend or terminate violations; recover money, land use rights and other assets which are illegally appropriated or used or lost due to law violations; apply remedial measures to law violations.

3. Within their competence, apply managerial measures to implement inspection conclusions, guiding documents, requests, propositions, and handling decisions on inspection.

4. The competence, order and procedures for sanctioning administrative violations, recovering money, land use rights, other assets, remedying law violations in state management fields must comply with the law on handling of administrative violations and relevant laws.

Article 12. Implementation of inspection conclusions, guiding documents, requests and propositions, handling of violating cadres, civil servants, public employees and persons

1. Based on inspection conclusions, guiding documents, requests and propositions for handling violating cadres, civil servants, public employees and persons and within the ambit of their responsibilities, the head of the inspected agency or organization and related agencies, organizations and individuals shall:

a/ Review and clearly determine responsibilities and propose forms of handling of violating units and individuals;

b/ Issue disciplining decisions or propose competent authorities to discipline cadres, civil servants and public employees; or handle or propose competent agencies to handle violating persons;

c/ Request or propose agencies, organizations or individuals under their management to discipline cadres, civil servants and public employees and handle law violators under the management of those agencies, organizations or individuals.

2. The competence, order and procedures for disciplining cadres, civil servants and public employees, and handling law violators must comply with the law on cadres, civil servants and public employees; the labor law and relevant laws.

Article 13. Implementation of inspection conclusions, guiding documents, requests and propositions to redress management loopholes and weaknesses and improve policies and laws

1. Based on inspection conclusions, guiding documents, requests, and propositions to redress management loopholes and weaknesses, and improve policies and laws, within the ambit of their responsibilities, the head of the inspected agency or organization and related agencies, organizations and individuals shall:

a/ Promptly apply remedial measures to redress management loopholes and weaknesses, terminate violations; cancel, annul and suspend the implementation of documents with illegal contents; amend, supplement and improve policies and laws;

b/ Request agencies, organizations and individuals under their management to adopt necessary measures to promptly redress management loopholes and weaknesses, suspend and terminate violations; cancel, annul and suspend the implementation of documents with illegal contents, amend, supplement and improve policies and laws.

2. The order and procedures for suspension, cancellation, annulment, amendment, supplementation and promulgation of legal documents, and guiding and administering documents with illegal contents must comply with the law on promulgation of legal documents and other relevant legal documents.

Article 14. Reporting on implementation of inspection conclusions

1. The inspected subject and related agencies, organizations and individuals shall report on the implementation of inspection conclusions, guiding documents, requests, propositions and handling decisions on inspection at the request of the inspection conclusion issuing agency, the head of the state management agency of the same level with the inspection conclusion issuing agency or the head of the agency or organization directly managing the inspected subject.

2. A report of the inspected subject or related agencies, organizations or individuals must cover:

a/ The implementation and the organization of implementation of the inspection conclusion, guiding documents, requests, propositions, and handling decisions on inspection;

b/ The progress and results of implementation of the inspection conclusion, guiding documents, requests, propositions and handling decisions on inspection, and completed and uncompleted contents;

c/ Difficulties and problems; causes of difficulties and problems in the course of implementation of the inspection conclusion, guiding documents, requests, propositions and handling decisions on inspection and propositions to competent agencies for consideration and settlement;

d/ Law violations and handling of law violations committed by related agencies, organizations and individuals in the implementation of the inspection conclusion, guiding documents, requests, propositions and handling decisions on inspection.

Section 4. RESPONSIBILITIES OF HEADS OF AGENCIES AND ORGANIZATIONS DIRECTLY MANAGING INSPECTED SUBJECTS

Article 15. Implementation and guidance, examination of implementation of inspection conclusions

Within 15 days after receiving the inspection conclusion or guiding documents, requests, propositions and handling decisions on inspection, based on the contents of the inspection conclusion, guiding documents, requests, propositions and handling decisions on inspection and within the ambit of their tasks and powers, the head of the agency or organization directly managing the inspected subject shall:

1. Fully and promptly implement on schedule requests, propositions and handling decisions on inspection within the ambit of their responsibilities.

2. Promptly direct the inspected subject to implement inspection conclusions, guiding documents, requests, propositions and handling decisions on inspection.

3. Within their competence, apply measures to solve difficulties and problems for the inspected subject in the implementation of inspection conclusions, guiding documents, requests, propositions and handling decisions on inspection.

4. Examine the inspected subject in the implementation of inspection conclusions.

Article 16. Handling of violations of inspected subjects

1. Based on contents of the inspection conclusion, guiding documents, requests, propositions and handling decisions on inspection and within the ambit of their tasks and powers, the head of the agency or organization directly managing the inspected subject shall:

a/ Promptly handle administrative and economic violations;

b/ Carry out procedures, issue disciplining decisions or propose competent agencies to discipline cadres, civil servants and public employees; or handle or propose competent agencies to handle violators;

c/ Apply measures to force the inspected subject to redress loopholes and weaknesses management, terminate violations; cancel, annul and suspend the implementation of documents with illegal contents; amend, supplement and improve policies and laws;

d/ Handle violations committed by the inspected subject in the implementation of inspection conclusions, guiding documents, requests, propositions and handling decisions on inspection.

2. The competence, order and procedures for implementation of the contents specified in Clause 1 of this Article must comply with the laws on handling of administrative violations and disciplining of cadres, civil servants and public employees, the law on promulgation of legal documents and other relevant laws.