Chương III Nghị định 33/2015/NĐ-CP Quy định việc thực hiện kết luận thanh tra: Theo dõi, đôn đốc, kiểm tra việc thực hiện kết luận thanh tra

Chapter III

SUPERVISION, URGING AND EXAMINATION OF IMPLEMENTATION OF INSPECTION CONCLUSIONS

Article 17. Principles of supervision, urging and examination

Supervision, urging and examination of the implementation of inspection conclusions shall be carried out in a regular, prompt, objective, public, transparent and lawful manner; must not obstruct regular operations of supervising, urging and examining bodies; shall be conducted on a case-by-case basis or concurrently for many cases and matters depending on the complexity of those cases and matters.

Article 18. Responsibilities for directing and organizing supervision, urging and examination

1. The head of the state management agency of the same level with the inspection conclusion issuing agency shall, within the powers prescribed by law, direct the supervision, urging and examination and promptly process the results of supervision, urging and examination of the implementation of inspection conclusions.

2. The heads of the inspection conclusion issuing agency shall, within the powers prescribed by law, organize the supervision, urging and examination of the implementation of inspection conclusions and promptly process the results of supervision, urging and examination of the implementation of inspection conclusions.

Article 19. Responsibilities of state inspection agencies and agencies assigned to perform specialized inspection

1. The Government Inspectorate shall supervise, urge and examine the implementation of his and the Prime Minister’s inspection conclusions and inspection handling decisions.

2. Inspectorates of ministries, provinces, departments and districts shall supervise, urge and examine the implementation of their inspection conclusions and inspection handling decisions and those of heads of state management agencies of the same level.

3. Agencies assigned to perform specialized inspection shall supervise, urge and examine the implementation of their inspection conclusions and handling decisions on inspection.

4. State inspection agencies and agencies assigned to perform specialized inspection shall directly examine inspected subjects and related agencies, organizations and individuals in implementing inspection conclusions and handling decisions on inspection.

Article 20. Supervised, urged and examined subjects

Bodies supervising, urging and examining the implementation of inspection conclusions are inspected subjects and their directly managing agencies, agencies, organizations and individuals liable for or involved in the implementation of inspection conclusions.

Article 21. Contents of supervision, urging and examination

1. Contents of supervising the implementation of inspection conclusions comprise:

a/ The process of directing the implementation of inspection conclusions, guiding documents, requests, propositions and handling decisions on inspection of the head of the state management agency or the head of the agency assigned to perform specialized inspection;

b/ The progress and results of implementation of contents of inspection conclusions, guiding documents, requests, propositions and handling decisions on inspection of the supervised, urged and examined subjects.

c/ Grasping difficulties and problems related to the implementation of inspection conclusions, guiding documents, requests, propositions and handling decisions on inspection.

2. Contents of urging the implementation of inspection conclusions comprise:

a/ The contents specified in Clause 1 of this Article;

b/ Reminding the implementation of the contents stated in inspection conclusions, guiding documents, requests, propositions, and handling decisions on inspection which have not been carried out;

c/ Requesting reporting on and explanation about the reasons for failing to complete the implementation of inspection conclusions, guiding documents, requests, propositions and handling decisions on inspection;

d/ Applying measures to have inspection conclusions, guiding documents, requests, propositions, and handling decisions on inspection implemented.

3. Contents of examining the implementation of inspection conclusions comprise:

a/ The contents specified in Clause 1 of this Article;

b/ Directing and organizing the implementation of inspection conclusions, requests, propositions and handling decisions on inspection;

c/ Results of implementation of inspection conclusions, requests, propositions, and handling decisions on inspection, including complete and incomplete contents and progress of implementation;

d/ Grasping objective and subjective difficulties in the course of implementation of inspection conclusions, requests, propositions and handling decisions on inspection;

dd/ Detecting law violations of subjects related to the implementation of inspection conclusions, requests, propositions and handling decisions on inspection;

e/ Responsibilities of related subjects and reasons of failing to complete the implementation of inspection conclusions, requests, propositions and handling decisions on inspection.

Article 22. Order and procedures for supervision

1. Within 15 days after announcing the inspection conclusion, the person assigned to the supervisory task shall open a supervision dossier. A supervision dossier must contain information related to the implementation of the inspection conclusion, comprising basic information on the supervised subject; responsibilities to be carried out by the supervised subject; specific statistics and summarization of requests, propositions, handling decisions; contents and deadlines stated in requests, propositions and handling decisions.

2. Supervision activities shall be conducted by requesting the supervised subject to report on the implementation of inspection conclusions and provide supporting documents. The head of the state inspection agency or agency assigned to perform specialized inspection shall assign persons to directly work with the supervised subject to verify information on the implementation of inspection conclusions.

3. Within 45 days after announcing the inspection conclusion, the person assigned to the supervisory task shall report on supervision results of the implementation of inspection conclusions to the head of the state inspection agency or the agency assigned to perform specialized inspection. The report must cover general information on inspection conclusions and implementation responsibilities of the supervising body; results of implementation of inspection conclusions; assessment of implementation of inspection conclusions; analysis of reasons and proposed solutions to the implementation of inspection conclusions.

4. Within 3 days after receiving a report on supervision results of the implementation of the inspection conclusion, the head of the state inspection agency or agency assigned to perform specialized inspection shall, based on such results, decide to end the supervision and keep the supervision dossier under current regulations if the implementation of the inspection conclusion has completed; and urging the implementation of the inspection conclusion according to this Decree if it has not been completed.

5. Results and processing of supervision results of the implementation of inspection conclusions shall be notified to the supervised subject and publicized in accordance with law.

Article 23. Order and procedures for urging

1. The implementation of inspection conclusions shall be urged in the form of sending urging documents or directly working with the concerned subject.

a/ In case of sending an urging document, within 5 days after being assigned to the urging task, the assigned person shall submit an urging document to the head of the state inspection agency or agency assigned to perform specialized inspection for sending to the concerned subject;

b/ In case of direct working, within 5 days after being assigned the urging task, the assigned person shall submit a working plan and a written notice to the head of the state inspection agency or agency assigned to perform specialized inspection for sending to the concerned subject.

2. Within 25 days after being assigned the urging task, the assigned person shall report on urging results to the head of the state inspection agency or the agency assigned to perform specialized inspection. The report must cover the urging process; the situation and process of implementation of the inspection conclusion; results of implementation of the inspection conclusion after being urged; general assessment and proposed solutions for implementation of the inspection conclusion.

3. Within 3 days after receiving a report on results of urging the implementation of inspection conclusions, the head of the state inspection agency or agency assigned to perform specialized inspection shall, based on such results, decide to end the urging work and keep the urging dossier under current regulations if the implementation of the inspection conclusion has been completed or conduct examination as prescribed in this Decree if the implementation of the inspection conclusion has not been completed.

4. Results and processing of results of urging the implementation of inspection conclusions shall be notified to the urged subject and publicized in accordance with law.

Article 24. Order and procedures for examination

1. The head of the state inspection agency or agency assigned to perform specialized inspection shall issue an examination decision based on one of the following grounds:

a/ Past the time limit for the implementation of the inspection conclusion, requests, propositions and handling decisions on inspection, the urged subject fails to complete the implementation;

b/ The urged subject fails to report on results of implementation of the inspection conclusion as prescribed by law;

c/ In the course of supervision and urging, the supervised and urged subject shows signs of dispersing assets, destroying documents or non-cooperation, obstruction or other law violations.

2. The examination shall be conducted when there is an examination decision of the head of the state inspection agency or the agency assigned to perform specialized inspection. The decision must clearly state grounds for issuing the decision; subjects, contents, scope and duration of the examination; and the person assigned to the examination task. Within 3 days after its signing, the examination decision shall be sent to the person assigned to the examination task and the examined subject. Within 5 working days after signing the decision, the person assigned to the examination task shall conduct examination.

3. The time limit for the examination of the implementation of the inspection conclusion must be 5 days from the start of the examination. If the contents of the inspection are complicated and the scope of the examination is broad, the examination time limit must be 10 days from the start of the examination.

The time limit for examination of the implementation of different inspection conclusions must be 10 days from the start of the examination. If the contents of such inspections are complicated and the scope of the examination is broad, the examination time limit must be 20 days from the start of examination.

4. Within 3 days after completing the examination, the person assigned to the examination task shall report on examination results to the head of the state inspection agency or the agency assigned to perform specialized inspection. The report must contain the following contents: assessment of the situation and examination results; conclusions of examination contents; propositions of measures to handle law violations and related contents to ensure the implementation of the inspection conclusion.

5. Based on examination results, the head of the state inspection agency or agency assigned to perform specialized inspection shall:

a/ Request the head of the agency directly managing the examined subject, within their competence, to apply measures to force the examined subject to complete the implementation of the inspection conclusion;

b/ Within their competence, apply or propose competent agencies to apply handling measures in accordance with law;

c/ Transfer the case dossier to competent investigative agencies for consideration and institution of the case when detecting criminal signs related to the implementation of the inspection conclusion;

d/ Decide on re-inspection or request the head of the state management agency of the same level to decide on re-inspection in accordance with the law on inspection when detecting signs of law violations in the inspection conclusion, guiding documents, requests, propositions, and handling decisions on inspection;

dd/ Report and propose the head of the competent state management agency to consider and handle the case when there are grounds to determine that the examined subject is incapable of implementing the inspection conclusion, guiding documents, requests, propositions, and handling decisions on inspection.

6. The results and processing of examination results of the implementation of inspection conclusions shall be notified to the examined subject and publicized in accordance with law.