Quyết định 2325/QD-BTNMT

DECISION

DEFINING THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF MINISTERIAL INSPECTORATE

MINISTER OF NATURAL RESOURCES AND ENVIRONMENT

Based Inspection Law No. 56/2010 / QH12 dated 25/11/ 2010;

Pursuant to Decree No. 86/2011 / ND-CP dated 22/09/2011 of the Government detailing and guiding the implementation of some articles of the Inspection Law;

Pursuant to Decree No. 07/2012/ND-CP dated 09/02/2012 of the Government stipulating the body is assigned to perform the specialized inspection function and specialized inspection.

Pursuant to Decree No. 36/2012 / ND-CP dated 18/4/2012 of the Government defining the functions, tasks, powers and organizational structures of Ministries and ministerial-level bodies;

Pursuant to Decree No. 21/2013 / ND-CP dated 04/03/ 2013 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment;

Pursuant to Official Letter No. 1118 / OG-TCCB dated 09/03/2005 announcing the opinions of the Prime Minister on the structure and number of Deputy Chief Inspector of the Ministry of Natural Resources and Environment;

Considering the recommendations of the Chief Inspector and Director of Department of Organization and Personnel,

DECIDES:

Article 1. Position and function

1. The Ministerial Inspectorate is a unit under the management of the Ministry of Natural Resources and Environment and has function of advising the Minister in management and direction of performance of administrative inspection and specialized inspection of the areas within the state management of the Ministry.

2. The Ministerial Inspectorate is under the direct management of the Minister of Natural Resources and Environment and under the direction of work and instructions on organization and professional skills from the Governmental Inspectorate.

3. The Ministerial Inspectorate is a legal entity and can open its account at the State Treasury and Bank as stipulated by law.

Article 2. Duties and powers

1. Takes charge or participates in formulating legal normative documents on inspection and examination; settlement of complaints and denunciation; prevention of corruption; handling of administrative violation and other legal normative documents related to the state management areas of the Ministry as assigned by the Minister.

2. Takes charge of formulating the annual inspection and examination plan and program of the Ministry and submit them to the Minister for approval; carries out the inspection plan within the responsibility of Ministerial Inspectorate; provides instructions, monitors, urges and inspects the implementation of inspection plan within the responsibility of the units directly managed and assigned to carry out the function of specialized inspection by the Ministry.

3. Coordinates with the relevant units to recommend the amendment or addition of legal normative documents in accordance with the state management requirements on natural resources and environment or recommend the suspension or annulment illegal regulations which are detected by inspection.

4. Carries out the reception of citizens; settles complaints and denunciation; takes charge or coordinates to settle complaints and denunciation according to regulations; prepares dossiers and documents for reception of citizens of leaders of the Ministry.

5. Carries out the activities to prevent corruption of the Ministry; guides and inspect the units directly managed by the Ministry to carry out the activities to prevent corruption and regulations of law on inspection and settlement of complaints and denunciation; coordinates with the Ministerial Union to guide the inspection techniques to the people’s inspection organization at the bodies and units under the direct management of the Ministry.

6. Provides instructions on specialized inspection techniques for the units directly managed and assigned to carry out the function of specialized inspection by the Ministry and for the Inspectorate of Department of Natural Resources and Environment of provinces and centrally-run cities.

7. Takes charge or coordinates the inspection of compliance with the regulations of law on natural resources and environment within the state management of the Ministry.

8. Inspects the compliance with the policies and laws and performance of duties of bodies, organizations or individuals under the management of the Ministry; inspects and examines the responsibility of the heads of bodies and units of the Ministry in compliance with law on inspection, settlement of complaints and denunciation and prevention of corruption.

9. Carries out the re-inspection of cases which are assigned to the head of unit under the management of the Ministry for specialized inspection or the cases which the Chairman of provincial People’s Committee has concluded but there are signs of law violation detected according to the assignment of the Minister.

10. Carries out the inspection upon detecting signs of law violation in the area of natural resources and environment.

11. Requires the heads of units directly under the Ministry assigned to carry out the function of specialized inspection to conduct the inspection within the management of the units upon detecting signs of law violation in the area assigned for management; where the head of units directly under the Ministry assigned to the carry out the specialized inspection does not agree, it has the right to issue the decision on inspection, make report and take responsibility before the Minister for its decision.

12. Verifies the accuracy and legality of inspection conclusion and handling decision after inspection of head of unit directly under the Ministry assigned to carry out the specialized inspection and of the Chairman of provincial People’s Committee for the cases under the state management areas of the Ministry.

13. Handles the administrative violation of the organizations or individuals in accordance with the laws on handling of administrative violation.

14. Advises the competent level to suspend the acts of law violation of the organizations or individuals; advises to deal with the officials or public servants who commit acts of violation in duty performance which are detected through the inspection.

15. Monitors, examines and urges the organizations or individuals to follow the conclusions, recommendations or handling decisions after inspection.

16. Summarizes and reports the result of inspection, examination and settlement of complaints, denunciation and prevention and control of corruption within the state management of the Ministry and summarizes the inspection of the Ministry.

17. Takes charge or carry out the scientific researches, programs and international cooperation projects as assigned by the Minister

18. Implements the administrative reform under the plan and program of administrative reform of the Ministry and assignment of the Minister.

19. Manages the public servants, employees and properties under the management of the Ministerial Inspectorate according to regulations.

20. Performs other duties as assigned by the Minister.

Article 3. Organizational structure

1. Inspectorate Leader

a) The Ministerial Inspectorate has the Chief Inspector and no more than 05 Deputy Chief Inspectors;

b) The Chief Inspector shall take responsibility before the Minister for the assigned duties and before law for all activities of the Ministerial Inspectorate; perform duties and powers of the Ministerial Chief Inspector as stipulated by law on inspection and law on handling of administrative violation; formulate the regulations on working and operation of the Ministerial Inspectorate; define the functions and duties of its subordinate organizations; sign documents of professional skills according to the assigned functions and duties and other documents as assigned by the Minister.

c) The Deputy Chief Inspector shall assist the Chief Inspector and take responsibility before the Chief Inspector for the field of work assigned.

2. Assistance apparatus for the Chief Inspector

a) Office;

b) Administrative Inspection Office;

c) Citizen reception and application and letter processing Office;

d) Northern environment and natural resource Office (located in Hanoi city).

dd) Central environment and natural resource Office (located in Da Nang city).

e) Southern environment and natural resource Office (located in HCM city).

g) Post-inspection monitoring and handling Office.

Article 4. Effect and responsibility for implementation

This Decision shall take effect from 01/10/2015 and replaces the Decision No. 1299/QD-BTNMT dated 02/08/2013 of the Minister of Natural Resources and Environment defining functions, duties, powers and organizational structure of the Ministerial Inspectorate.

The Chief of Ministerial Inspectorate and the Director of Department of Organization and Personnel and the Heads of subordinate units are liable to execute this Decision./,