THE GOVERNMENT INSPECTORATE OF VIET NAM

 

Address: D29 lot, Tran Thai Tong, Cau Giay, Ha Noi

Tel:   08049044

Fax:   08048493

Email:  ttcp@thanhtra.gov.vn

 

Article 1. Position and Functions:

The Government Inspectorate is a ministerial-level agency of the Government,  exercising the function of state management of inspection, citizen reception, complaint and denunciation settlement and anti-corruption all over the country; conducting inspection, settling complaints and denunciations and  combating corruption in accordance with laws.

Article 2. Duties and powers

The Government Inspectorate shall perform the duties and exercise the powers prescribed in the Government's Decree No. 36/2012/ND-CP dated 18 April  2012 on the functions, duties, powers and organizational structure of ministries and ministerial-level agencies as well as the following specific duties and powers:

1. To submit to the Government draft bills and resolutions of the National Assembly, draft ordinances and resolutions of the National Assembly Standing Committee, and draft resolutions and decrees of the Government on inspection, citizen reception, settlement of complaints and denunciations and anti-corruption in accordance with its approved annual law-making programs and plans, and other projects and draft legal documents as assigned by the Government or the Prime Minister.

2. To submit to the Prime Minister the annual inspection program orientation, the draft decisions, directives and other documents under the jurisdiction of the Prime Minister for approval and organize the implementation of these documents.

3. To promulgate circulars, decisions, directives and other documents on inspection, citizen reception, settlement of complaints and denunciations and anti-corruption.

4. To direct, guide, examine and organize the implementation of legal documents and approved strategies, Orientation program on inspection, settlement of complaints and denunciations, and anti-corruption; to propagate, disseminate and educate about laws on inspection, citizen reception, settlement of complaints and denunciations, and prevention and anti-corruption.

5. Inspection:

a. To make inspection plans of the Government Inspectorate; to guide the ministerial and ministerial-level inspectorates (hereinafter referred to as ministerial Inspectorates); inspectorates of provinces and cities directly under the Central (hereinafter referred to as provincial inspectorates) to develop and implement the  plans;

b) To inspect the implementation of policies, laws as well as duties and powers of ministries, ministerial-level agencies, government-attached agencies and People’s Committees of provinces and cities directly under the Central (hereinafter referred to as the Provincial People’s Committees); conduct inspections on state-owned enterprises established by a Prime Minister’s decision; conduct inspections on complicated cases involving state management responsibility of many ministries, ministerial-level agencies, and provincial  People's Committees;

c) To conduct other inspections as assigned by the Prime Minister;

d) To check the accuracy, legitimacy of inspection conclusions and post-inspection decisions of Ministers, heads of ministerial-level agencies, Chairmen of the provincial People's Committees and ministerial Chief Inspectors and provincial chief inspectors where necessary;

đ) To decide re-inspection of the case that was concluded by a Minister upon the detection of signs of law violation as assigned by the Prime Minister; to decide re-inspection of the case that was concluded by a Chairman of the provincial People's Committee, ministerial Chief Inspector or provincial chief inspector upon the detection of signs of law violation;

e) To request the Minister and require Chairman of provincial People's Committee to conduct inspections within the scope of the respective Ministry or Committee management, upon detection of signs of law violations; In the case where the minister or the Chairman disagrees, to issue a decision on conducting an inspection and report and be accountable to the Prime Minister for the decision;

g) Acting as a coordinator in dealing with the overlap in the scope, objects, content, time of inspection among Ministerial inspectorates; between a Ministerial inspectorate and a Provincial inspectorate;

h) To monitor, examine and speed up the implementation of conclusions and recommendations, inspection handling decisions of the Government Inspectorate and the Prime Minister;

i) To settle the issue where exists disagreement between Ministerial Chief Inspector and the Minister, between Provincial Chief Inspector and the Provincial People's Chairman. In the case where Minister does not agree with the Inspector General, the Inspector General shall report to the Prime Minister for consideration and decision;

k) To recommend ministers to suspend the implementation or removal of ministry’s legal documents  that contradict the legal provisions on inspection issued by superior state agencies or by the Inspector General; in the case where the Minister does not suspend the implementation or removal of the  documents, to  report  to the Prime Minister for decision;

l) To suspend the implementation of and propose Prime Minister to annul legal documents of the provincial People's Committees, Chairmen of the provincial People's Committees that violate provisions on inspection issued by higher-level state agencies or by the Inspector General;

m) To propose competent state agencies to revise and issue new regulations in accordance with regulatory requirements; to propose to suspend or annul unlawful regulations detected through inspection;

n) To propose the Prime Minister to consider responsibility and punish the people under the management of the Prime Minister for their wrongdoings detected through inspection or not implementing inspection conclusions and inspection settlement decisions; to require the head of a agency or organization to consider responsibility and punish people under its management for their law violations discovered through inspection or not implementing inspection conclusions and inspection settlement decisions.

6. Citizen reception, settlement of complaints and denunciations:

a) To organize citizen reception; to receive and handle complaints and denunciations; to settle complaints and denunciations in accordance with laws;

b) To act as the coordinator, in cooperation with concerned agencies, in receiving citizens at citizen reception offices of the State and the Party Central Committee and in Hanoi and Ho Chi Minh City;

c) To verify the denunciation content, the denunciation content verification conclusions and propose denunciation settlement measures within the jurisdiction of the Prime Minister when assigned;

d) To consider and conclude the denunciation case that as been handled by a minister, head of ministerial-level or government agency, or the Chairman of the provincial People's Committee  upon signs of law violations; in the case where exists law violations in  handling the denunciation, report to the Prime Minister for  re-settlement;

đ) To assist the Prime Minister to supervise, examine and speed up the ministries, ministerial-level and government-attached agencies as well as people's Committees at all levels in terms of receiving citizens, handling complaints and implementing complaint conclusions that have come into effect.

7. Anti-corruption.

a) To direct and guide the inspection on the implementation of anti-corruption laws and combating corruption in inspection field;

b) To inspect the implementation of anti-corruption laws by ministries, ministerial-level agencies, government-attached agencies and provincial People's Committees according to its competence or as instructed by the Prime Minister; to actively coordinate with agencies and organizations in detecting corrupt acts; conduct inspection on the case with signs of corruption; to urge the handling of persons committing corrupt acts according to laws and as decentralized by the Party and the Government regarding personnel management;

c) To act as the coordinator, in cooperation with competent state agencies, in building a common anti-corruption database system;

d) To coordinate with the State Audit, the Ministry of Public Security, Ministry of Defense, the Supreme People's Procuracy, the Supreme People's Court and the Office of the Central Steering Committee on Anti-corruption in supplying and exchanging anti-corruption information, documents and experiences; to synthesize, evaluate and predict the corruption situation and propose policies and solutions to prevent and combat corruption.

8. In the process of performing the duties of inspection, settlement of complaints and denunciations and anti-corruption, the Government Inspectorate may exercise its powers as prescribed by laws and may request concerned agencies and units to nominate their officers to join an inspection group.

9. To request Ministries, ministerial-level agencies, government-attached agencies and provincial People's Committees to report the factual situation and results of inspection and settlement of complaints and denunciations, and anti-corruption

10. To synthesize and report the results of inspection and settlement of complaints and denunciations, and anti-corruption within the state management scope of the Government; to sum up experiences in inspection and settlement of complaints and denunciations, and anti-corruption.

11. To conduct international cooperation activities regarding inspection, settlement of complaints and denunciations and anti-corruption.

12. To organize and direct the implementation of programs and plans on scientific research and application of scientific and technological advances to inspection, citizen reception, settlement of complaints and denunciations, and anti-corruption.

13. To decide on and organize the implementation of its administration reform plan in line with the Government's state administration reform program and as directed by the Prime Minister.

14. To act as coordinator, in cooperation with the Ministry of Home Affairs, in issuing documents guiding the functions, tasks, powers and organizational and personnel structures of state inspectorates.

15. To direct and guide and provide training to  inspection officials in the field of inspection profession; to manage and appoint to inspection official positions in accordance with laws; to grant inspector cards for officers, public officials appointed to inspection positions in the inspectorate sector; promulgation of professional standards of the ministerial and provincial Chief and Deputy Chief Inspectors.

To discuss and come to a consensus with Minister, head of ministerial-level agency, chairman of provincial People's Committee in appointing, dismissing, removing ministerial and provincial Chief Inspectors from their offices.

16. To manage its organizational structure and public officials and civil servants; to implement salary and other treatment, remuneration and discipline mechanisms applied to public officials and civil servants under the Government Inspectorate’s management as prescribed by laws.

17. To manage and direct the operation of its professional units in accordance with laws.

18. To manage its assigned finance and assets and use allocated state budget as prescribed by laws.

19. To perform other duties and exercise powers as assigned by the Government or the Prime Minister, or prescribed by laws.

Article 3. Organizational structure

1. Department for Sectoral Economic Inspection (Department I)

2. Department for Internal Affairs and General Economic Inspection (Department II)

3. Department for Socio-Cultural Inspection (Department III)

4. Department for post-inspection supervision, evaluation and handling

5. Department for citizen reception and complaint and denunciation handling

6. Legal Department

7. Department for Personnel and Organization

8. Department for International Cooperation

9. Department of Planning, Finance and Genera affairs.

10. The Office (with a branch office in Ho Chi Minh City).

11. Bureau for Settlement of Complaints, Denunciations and Inspection in the North region (Bureau I)

12. Bureau for Settlement of Complaints, Denunciations and Inspection in the Central region (Bureau II)

13. Bureau for Settlement of Complaints, Denunciations and Inspection in the Southern region (Bureau III) 

14. Anti-corruption Bureau (Bureau IV) 

15. Government Inspectorate Research Institute

16. Inspector Training College 

17. Inspection Newspaper 

18. Inspection Magazine 

19. Information Center