Chapter II
INSPECTORS
Section 1. INSPECTORS AND RESPONSIBILITIES FOR MANAGEMENT AND EMPLOYMENT OF INSPECTORS
Article 3. Inspectors
1. The inspector is a person awarded the rank of inspector to perform tasks and exercise powers in inspection in accordance with regulations of the law. Codes of inspector ranks: senior inspector (code: 04.023), principal inspector (code: 04.024) and inspector (code: 04.025)
2. The Inspector General of the Government Inspectorate shall provide guidance on working positions of inspectors for inspection agencies according to regulations in Clauses 1 and 2 Article 9 of the Law on Inspection.
Article 4. Responsibility of inspector
1. An inspector shall be a good example of compliance with the law. He/she shall be responsible for study and research in order to improve his/her professional qualifications for inspection.
2. During the process of inspection, inspectors shall perform tasks as assigned by the chief of the inspectorate; comply with regulations of the law and take responsibility to the law for the performance of the assigned tasks; take responsibility to the chief of the inspectorate, the person issuing the inspection decision and the head of the agency that directly manages them for the performance of the assigned tasks.
Article 5. Responsibilities for management and employment of inspectors
State management agencies and inspection-conducting authorities shall be responsible for management, employment, training, and implementation of wage system, provision of benefits, commendation and imposition of discipline on inspectors according to regulations of the law.
Section 2. APPOINTMENT, SAME-RANK REASSIGNMENT AND DISMISSAL OF INSPECTORS
Article 6. Authority to appoint inspectors
1. Ministers, Heads of ministerial agencies, Presidents of People’s Committees of provinces and central-affiliated cities (hereinafter referred to as “People’s Committees of provinces”) shall appoint inspectors and principal inspectors under their competence.
2. Ministers, Heads of ministerial agencies, Presidents of People’s Committees of provinces shall issue decisions to appoint senior inspectors after obtaining a written consent from the Ministry of Home Affairs.
Article 7. Consideration of inspectors for promotion
1. An inspector who fully satisfies criteria and conditions specified in Articles 39, 40 and 41 of the Law on Inspection shall be considered for promotion in the following cases:
a) Having outstanding achievements in missions throughout the duration for holding the current rank of inspector and being recognized by a competent authority;
b) Being appointed as a leader/manager in association with the requirements of the working position.
2. Requirements for outstanding achievements in missions specified at Point a, Clause 1 of this Article are applicable to emulation titles and commendation forms according to meritorious services and achievements in performance of their duties and missions. To be specific
a) In case of promotion from the inspector to the principal inspector: the inspector is awarded the “Labor Order” from the third-class or higher or receives the title of Emulation Fighter of ministerial, sectorial, provincial or central mass organization level;
b) In case of promotion from the principal inspector to the senior inspector: the inspector is awarded the first-class “Labor Order” or receives the title of National Emulation Fighter.
3. According to the working position and the suitability for the rank structure of the agency employing inspectors approved by the competent authority, the agency employing inspectors shall report consideration of inspectors for promotion to the management agency for consideration and decision according to its competence or submit it to the competent agency for consideration and decision after the inspectors satisfy regulations in Clause 1 of this Article.
Article 8. Appointment to inspector ranks according to procedures for same-rank reassignment
1. A person who is working in an inspection agency and fully meets professional conditions and standards prescribed in Articles 39, 40 and 41 of the Law on Inspection may be considered for same-rank reassignment to be appointed to inspector ranks. To be specific:
a) If the person is an expert or is holding an equivalent title, he/she shall be considered for same-rank reassignment and appointment as an inspector;
b) If the person is a principal expert or is holding an equivalent title, he/she shall be considered for same-rank reassignment and appointment as a principal inspector;
c) If the person is a senior expert or is holding an equivalent title, he/she shall be considered for same-rank reassignment and appointment as a senior inspector;
2. The consideration of same-rank reassignment and appointment to inspector ranks shall be approved by a Council for same-rank reassignment
Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Presidents of People’s Committees of provinces shall decide to establish a Council for reassigning public employees to inspector ranks (a Council for same-rank reassignment) under their management.
A Council for same-rank reassignment includes 05 members and operates on the principle of collective and voting under the majority rule. A Council includes:
a) Chairperson of the Council is the leader of a ministry, a ministerial agency or a Governmental agency at central level; the President of the People's Committee of province at local level;
b) Deputy Chairperson of the Council is the Director of Department of Personal and Training at central level; Director of Department of Home Affairs;
c) At central level, permanent members are chief inspectors of ministries and ministerial agencies (hereinafter referred to as “ministerial chief inspectors”), or chief inspectors of governmental agencies; at the local level, permanent members are provincial chief inspectors. Such permanent members shall be responsible for preparing procedures and documents in order to report to the Council for same-rank reassignment;
d) Upon request, ministers, heads of ministerial agencies, heads of governmental agencies, Presidents of People's Committees of provinces shall decide to appoint leadership representatives of relevant agencies and units as other members.
3. An application for the Council for same-rank reassignment includes:
a) Written comments on the working process of the public employee at the request of the agency directly managing the public employee;
b) Declaration of working results; copies of diplomas and certificates authenticated by a competent authority;
c) CV according to regulations.
4. Application for appointment to inspector/principal inspector includes:
a) Personal application according to regulations in Clause 3 of this Article;
b) Minutes of the Council for same-rank reassignment;
c) Written request made by the Council for same-rank reassignment. The written request shall be sent to the minister, the head of the ministerial agency, the head of the Governmental agency or the President of the People's Committee of the province in order to request him/her to make appointment to inspector/principal inspector according to his/her competence.
5. Application for appointment to senior inspector includes:
a) Personal application according to regulations in Clause 3 of this Article;
b) Minutes of the Council for same-rank reassignment;
c) Written request for appointment to senior inspector made by the Council for same-rank reassignment:
d) Written consent of the Ministry of Home Affairs for appointment to senior inspector.
6. The authority to make appointment to inspector ranks shall comply with regulations in Article 6 of this Decree.
Article 9. Requirements for participation in exams for promotion
1. In case of promotion from inspector to principal inspector, the following requirements shall be satisfied:
a) The inspector shall be recognized for excellent performance of tasks or higher in the year preceding the year of the promotion exam; have political credentials and good ethics; be not liable to any disciplinary measure or any regulation on discipline according to regulations in the Law on Officials and Public Employees;
b) The inspector shall have professional qualifications and capabilities to undertake the working position corresponding to the inspector rank that is higher than his/her current rank;
c) The inspector shall hold the rank of inspector or equivalent for at least 9 years, except for cases where the inspector is an official, public employee, officer of the People's Army and the People's Public Security, cipher worker at another agency/organization and the inspector is holding the rank of official/public employee or the rank equivalent to the rank of principal inspector and transferred to the inspection agency. If the inspector holds a rank during the duration equivalent to the duration for holding the rank of inspector, the duration for holding such rank (equivalent to inspector) shall be at least 01 year (full 12 months);
d) When holding the rank of inspector (or equivalent), the inspector has participated in the development and appraisal of at least 01 legal document or the topic, scheme, project or program for scientific research at grassroots level or higher which has been developed and researched by the organization managing and employing inspectors and issued or accepted by the competent authority;
dd) The inspector shall have at least a bachelor's degree; a certificate of professional training for principal inspector; a certificate of training in state management according to the standard of the rank of principal expert; or a diploma in advanced political and administrative theory;
e) The inspector shall have competence in using basic information technology, foreign languages at the foreign language proficiency equivalent to level 3 according to the Framework of Reference for Foreign Language Competency or ethnic minority languages (in case where the inspector works in ethnic minority areas) according to the requirements of the working position.
2. In case of promotion from principal inspector to senior inspector, the following requirements shall be satisfied:
a) The principal inspector shall meet conditions and standards specified in points a and b Clause 1 of this Article;
b) The principal inspector shall hold the rank of principal inspector or equivalent for at least 6 years, except for cases where the principal inspector is an official, public employee, officer of the People's Army and the People's Public Security, cipher worker at another agency/organization and the principal inspector is holding the rank of official/public employee or the rank equivalent to the rank of senior inspector and transferred to an inspection agency;
c) When holding the rank of principal inspector (or equivalent), the principal inspector has taken charge of the development and appraisal of at least 02 legal documents or the topic, scheme, project or program for scientific research at state, ministerial, central or provincial level, issued or accepted by the competent authority;
d) The principal inspector shall have at least a bachelor's degree; a certificate of professional training for senior inspector; a certificate of training in state management according to the standard of the rank of senior expert; a bachelor's degree in advanced political theory or a diploma in advanced political and administrative theory;
dd) The principal inspector shall have competence in using basic information technology, foreign languages at the foreign language proficiency equivalent to level 4 according to the Framework of Reference for Foreign Language Competency or ethnic minority languages (in case where the principal inspector works in ethnic minority areas) according to the requirements of the working position.
Article 10. Appointing inspectors who pass exams for promotion to inspector ranks
1. Regarding public employees who are inspectors or principal inspectors, meet all conditions and criteria and are appointed by ministers, heads of ministerial agencies or Presidents of People's Committees of provinces to participate in exams for promotion, if they pass such exams, they shall be considered for appointment to the respective ranks.
2. The authority to appoint inspectors/principal inspectors who have passed the exams for promotion to principal inspectors/senior inspectors shall comply with regulations of Article 6 of this Decree.
Article 11. Appointing officers of the People's Army or the People's Public Security, cipher workers to inspector ranks
1. If officers of the People's Army and the People's Public Security working in inspection agencies of the Ministry of National Defense and the Ministry of Public Security and cipher workers fully meet the conditions and standards of the inspector ranks as prescribed in Articles 39, 40 and 41 of the Law on Inspection, they shall be considered and appointed to the respective ranks of inspectors according to the conditions, criteria and demands for working positions.
2. A Council for appointing officers of the People's Army and the People's Public Security and cipher workers to inspector ranks shall be established by the Minister of National Defense and the Minister of Public Security.
A Council for appointment includes 05 members and operates on the principle of collective and voting under the majority rule. A Council includes:
a) Chairperson of the Council is a leadership representative of the Ministry of National Defense or the Ministry of Public Security;
b) Deputy Chairperson of the Council is a head of an agency in charge of personnel under the Ministry of National Defense or the Ministry of Public Security;
c) Permanent members are ministerial chief inspectors. Permanent members shall be responsible for preparing documents and procedures to report to the Council for same-rank reassignment;
d) Upon request, the Minister of National Defense or the Minister of Public Security shall decide to appoint leadership representatives of relevant agencies and units as other members.
3. An application for appointing officers of the People's Army and the People's Public Security and cipher workers to inspector ranks shall comply with regulations in Clauses 4 and 5 Article 8 of this Decree.
4. The Minister of National Defense and the Minister of Public Security shall appoint officers of the People's Army and the People's Public Security and cipher workers to inspector ranks.
Article 12. Dismissal of inspectors
1. Dismissal of inspectors shall comply with regulations in Clause 1, Article 42 of the Law on Inspection.
2. The agency having authority to appoint an inspector rank shall have authority to dismiss such inspector rank.
3. Dismissal procedures:
a) The head of an agency or unit that directly manages inspectors shall make a written request for the dismissal of inspectors;
b) Agencies, units, departments and persons assigned to be in charge of organization of inspectors shall, according to delegation of management of inspectors, make draft decisions on dismissal, collect relevant documents and submit them to competent authorities for issuance of decisions on dismissal;
c) Agencies, units, departments and persons assigned to be in charge of organization of inspectors shall notify decisions on dismissal and revocation of cards and other equipment in service of inspection.
Section 3. UNIFORMS, CARDS OF INSPECTORS AND REGIMES AND POLICIES APPLICABLE TO INSPECTORS
Article 13. Uniforms
1. Inspectors shall be provided with uniforms, including: autumn-winter clothes, coats, long sleeve shirts, spring-summer clothes, hats, leather belts, leather shoes, sandals, socks, ties, briefcases, kepi hats, sign boards, shoulder loops and ranks.
2. Uniforms of inspectors who are officers of the People's Army or the People's Public Security, cipher workers shall comply with regulations of the Ministry of National Defense and the Ministry of Public Security.
3. Inspectors shall be responsible for preserving and using uniforms in accordance with the law.
4. The Minister of Finance shall agree with the Inspector General of the Government Inspectorate about the regime of provision of uniforms for inspectors of inspection agencies.
5. The Inspector General of the Government Inspectorate shall stipulate the uniform patterns, management and use of uniforms by inspectors of inspection agencies.
Article 14. Cards of inspectors
1. Inspectors shall be provided with cards to use when conducting inspection. Inspection cards shall be provided after the decision to appoint inspectors is issued. Inspection cards shall be revoked when inspectors are dismissed.
The Inspector General of the Government Inspectorate shall stipulate card patterns, provision, management and use of cards. Ministers, heads of ministerial agencies and chairpersons of People's Committees of provinces shall manage and provide inspection cards for inspectors under their management.
2. Inspectors shall be responsible for preserving and using cards when performing tasks. It is strictly forbidden to use cards for personal purposes. If inspectors use their cards to commit violations, depending on the nature and danger of such violations, they shall incur disciplinary penalties or face criminal prosecution.
Article 15. Funding for sewing and purchasing uniforms and cards of inspectors
1. Funding for sewing and purchasing uniforms and cards of inspectors under inspection agencies at a level shall be covered by state budget of the same level. With regard to Governmental agencies, the funding for sewing and purchasing uniforms and cards of inspectors shall be secured according to financial mechanisms of such agencies under regulations of the law.
2. Inspection agencies shall, according to entities who are provided with cards, uniforms and the quantity of types of uniforms reaching the end of their life expectancy as prescribed, make budget estimates and send them to finance authorities of the same level for review and submission to competent authorities for approval and provision of funding for sewing and purchasing uniforms. These budget estimates shall be enclosed with annual budget expenditure estimates. Funding for sewing/purchasing uniforms and making inspection cards to be provided shall be exclusive of administrative expenditure norm according to the payroll.
Article 16. Regimes and policies applicable to inspectors
1. Responsibility allowance regime applicable to inspector:
a) The Inspector General of the Government Inspectorate, a Deputy Inspector General or a senior inspector shall be entitled to a responsibility allowance equal to 15% of his/her current salary plus leadership allowance and extra-seniority allowance (if any);
b) A principal inspector shall be entitled to a responsibility allowance equal to 20% of his/her current salary plus leadership allowance and extra-seniority allowance (if any);
c) An inspector shall be entitled to a responsibility allowance equal to 25% of his/her current salary plus leadership allowance and extra-seniority allowance (if any).
2. Other than regulations in Clause 1 of this Article, inspectors who are public employees shall be entitled to the same benefits as other officials and public employees under regulations of the Law on Officials and Public Employees; salary, seniority allowance and other special regimes and policies as prescribed by law.
3. Inspectors who are officers of the People's Army or the People's Public Security, cipher workers shall be entitled to regimes, according to regulations, applicable to the armed forces and responsibility allowances as prescribed in Clause 1 of this Article.
Article 17. Inspection training
The Government Inspectorate shall elaborate contents, programs, methods and organization of training and refresher training for inspector ranks; take charge and cooperate with ministries, ministerial agencies and People's Committees of provinces in organizing training and refresher training in inspection.
Tìm kiếm
Nghị định 43/2023/NĐ-CP hướng dẫn Luật Thanh tra (Bản Word)
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