Chương IV Nghị định 43/2023/NĐ-CP hướng dẫn Luật Thanh tra: Đoàn thanh tra

Chapter IV

INSPECTORATE

Article 25. Components of inspectorate

1. An inspectorate includes a chief, a deputy chief (if necessary) and other members.

2. The deputy chief shall assist the chief in performing the assigned tasks and take charge of some activities assigned by the chief. Other members shall perform tasks as assigned by the chief.

Article 26. Responsibilities of persons issuing inspection decisions, heads of agencies and units assigned to conduct inspection and chiefs of inspectorates

1. A person issuing an inspection decision shall be responsible for organizing, directing and supervising the inspectorate in order to ensure that the inspection is conducted in accordance with the law, for the intended purposes, and according to requirements, schedule and duration; promptly settling reflections and complaints from the inspectorate and denunciations, complaints and reflections related to operations of the inspectorate.

2. A head of the agency or unit assigned to take charge of inspection shall be responsible for appointing people to participate in the inspectorate; supervising members of the inspectorate under his agency/unit; performing other tasks assigned by the person issuing the inspection decision.

3. The chief of an inspectorate shall be responsible for organizing and directing members to strictly comply with inspection contents and progress according to the inspection decision and the detailed inspection plan; implementing information and reporting regime at the request of the person issuing an inspection decision; making a logbook; and taking responsibility to the person issuing the inspection decision for operations of the inspectorate.

Article 27. Appointing people to participate in inspectorate

1. The head of the agency or unit assigned to take charge of inspection shall be responsible for appointing people with professional qualifications in conformity with requirements of the inspection as the chief/the deputy chief and proposing the number of people participating in the inspectorate so that the person issuing the inspection decision considers making decision.

2. The head of the agency or unit assigned to take charge of inspection shall discuss and reach an agreement with the person expected to be the chief of the inspectorate about persons expected to be members of the inspectorate. The appointment of the chief and members of the inspectorate shall be notified to the unit directly managing and employing persons who have been appointed, the unit in charge of organization and personnel and persons expected to be members of the inspectorate.

Article 28. Standards applicable to chiefs of inspectorates

1. General standards:

a) Having good moral qualities and sense of responsibility; being upright, honesty, fair and objective;

b) Having professional qualifications in conformity with requirements and tasks of the inspection;

c) Having comprehensive knowledge about inspection; having the ability to analyze, assess and review issues related to contents and fields subject to inspection;

d) Having ability to organize, administer and provide guidance for other members in order to perform the assigned tasks.

2. Specific standards:

a) The chief of the inspectorate established by the Inspector General of the Government Inspectorate shall be a principal inspector or higher;

b) The chief of the inspectorate established by the ministerial chief inspector, the chief inspector of a Governmental agency or the provincial chief inspector shall be a principal inspector or higher;

c) The chief of the inspectorate established by the chief inspector of sub-ministerial inspectorate shall be an inspector or higher;

d) The chief of the inspectorate established by the chief inspector of provincial-level department or the chief inspector of district shall be an inspector or higher;

Article 29. Cases where people must not be chiefs, deputy chiefs or other members of inspectorates

1. A person must not be a member of an inspectorate in any of the following cases:

a) Any person contributing capital to an enterprise and hold shares in such enterprise that is the inspected entity, unless otherwise provided for by law;

b) Any person whose spouse, father, mother, biological child, or biological sibling is the head, the deputy head, the person in charge of personnel, an accountant, a treasurer or a storekeeper in an agency, organization or unit that is the inspected entity;

c) Any person who is being considered for disciplinary action or criminal prosecution;

d) Any person who is facing disciplinary measure or criminal prosecution and the duration for repeal of disciplinary measures or conviction expungement has not yet expired.

2. A person must not be a chief/deputy chief of an inspectorate in any of the following cases:

a) Any person under one of cases specified in Points a, c and d Clause 1 of this Article;

b) Any person whose spouse, father, mother, mother-in-law, father-in-law, biological child, biological sibling or sibling-in-law is working in an agency, organization or unit that is the inspected entity;

3. The head of the agency or unit assigned to take charge of inspection shall be responsible for check and review to detect cases where people must not be chiefs, deputy chiefs or other members of inspectorates before submitting them to the person issuing the inspection decision.

The person expected to be the chief or a member of the inspectorate in one of the cases specified in Clauses 1 and 2 of this Article shall make report to the head of the agency or unit assigned to take charge of inspection before the inspection decision is issued.

4. During the process of inspection, if it is detected that any person falls into one of the cases specified in Clauses 1 and 2 of this Article, the person issuing the inspection decision shall consider deciding change of the chief or members of the inspectorate.

During the process of inspection, the chief, the deputy chief or other members of the inspectorate shall make report to the person issuing the inspection decision for consideration and decision if he/she/they find himself/herself/themselves falling into one of the cases specified in Clauses 1 and 2 of this Article.

Article 30. Change of chief, deputy chief and other members of inspectorate

1. The person issuing inspection decision shall consider and change members of an inspectorate in any of the following cases:

a) Committing one of the prohibited acts as prescribed in Article 8 of the Law on Inspection;

b) Falling into one of cases specified in Clause 1, Article 29 of this Decree (it is detected that members of the inspectorate fall into one of cases specified in Clause 1, Article 29 throughout the process of inspection);

c) Failing to comply with information and reporting regimes, follow direction and administration of the chief of the inspectorate;

d) Failing to complete the assigned tasks, being unable to continue to conduct inspection due to health problems or other objective reasons.

2. The person issuing inspection decision shall consider and change the chief or the deputy chief of an inspectorate in any of the following cases:

a) Falling into one of cases specified in Points a and d Clause 1 of this Article and Clause 2 Article 29 of this Decree;

b) Failing to comply with information and reporting regimes, follow direction and administration of the person issuing inspection decision;

c) Having grounds that the chief or the deputy chief of the inspectorate is incapable of completing inspection;

d) Being assigned to perform other tasks at the request of the competent agency or organization.

Article 31. Procedures for change of chief, deputy chief and other members of inspectorate and addition of members

1. Change of the chief, the deputy chief of an inspectorate

The person issuing inspection decision shall, according to the written request and other information related to the operation of the inspectorate, consider and issue a decision on change of the chief or the deputy chief of the inspectorate.

2. Change of members of the inspectorate

The person issuing inspection decision shall, according to the written request of the chief, the result of supervision of the inspectorate's operation and other information related to the inspectorate's operation, issue a decision on change of members of the inspectorate. In case of disagreement, the person issuing inspection decision shall reply to the requester and clearly state the reason.

3. Addition of members

If necessary, according to requirements for conducting inspection, the head of the inspectorate shall discuss and reach agreement with the head of the agency or unit directly managing and employing persons proposed to be added to the inspectorate, make a written request and a draft decision on addition of members and submit it to the person issuing inspection decision. The written request shall clearly state the reason, full name and title of the person to be added. In case the person issuing inspection decision disagrees with the request for addition, he/she shall reply to the requester and clearly state the reasons therefor.

4. Decision on change of the chief, the deputy chief, or other members of the inspectorate, addition of members shall be sent to the inspected entity.

Article 32. Logbook of inspectorate

1. The chief of the inspectorate shall be responsible for making a logbook, in an accurate, objective and honest manner, of contents related to operations of the inspectorate that take place from the time when the inspection decision is published until the inspection conclusion is issued. The logbook shall be stored in the inspection dossier.

The chief of the inspectorate shall be responsible for managing the logbook and other documents during the process of inspection.

2. The logbook shall be printed and published as follows:

a) The Government Inspectorate shall print and publish its logbook;

b) The ministerial inspectorate shall print and publish logbooks for the ministerial inspectorate, sub-ministerial inspectorates and specialized authorities assigned to conduct inspection under its management;

c) Inspectorates under Governmental agencies shall print and publish their logbooks;

b) The provincial inspectorate shall print and publish logbooks for the provincial inspectorate and district inspectorates under its management.

3. The Inspector General of the Government Inspectorate shall issue regulations on logbook templates.

Article 33. Standards, regimes and policies applicable to persons summoned to participate in inspectorate

1. Persons summoned to participate in an inspectorate are inspectors of inferior inspection agencies or officials or public employees of state agencies or public service providers and such persons do not fall into one of the cases specified in Clause 1 of Article 29 of this Decree.

2. A person summoned to participate in the inspectorate shall have good moral qualities and sense of responsibility; be upright, honesty, fair and objective; and have qualifications in conformity with requirements and tasks in inspection of the summoning agency.

3. During the duration of participation in the inspectorate, the summoned persons shall be entitled to regimes and policies applicable to officials and public employees in accordance with the law; receive travel expenses and obtain assurance about working conditions and facilities and other benefits of members of the inspectorate.

4. The summoning persons to participate in the inspectorate shall be done in writing. The summoning document shall clearly state grounds, summoning period, tasks, and regimes and policies applicable to summoned persons.

5. At the end of the summoning period, the summoning agency shall make a written comment on the performance of tasks by the summoned persons and send it to the head of the agency directly managing such persons.