Nghị định 07/2012/ND-CP

Decree No. 07/2012/ND-CP dated February 09, 2012, on agencies assigned to conduct specialized inspection and the conduct of specialized inspection

Nội dung toàn văn Decree 07/2012/ND-CP agencies assigned to specialized inspection and conducting specialized inspection


THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 07/2012/ND-CP

Ha Noi, February 09, 2012

 

DECREE

ON AGENCIES ASSIGNED TO CONDUCT SPECIALIZED INSPECTION AND THE CONDUCT OF SPECIALIZED INSPECTION

THE GOVERNMENT

Pursuant to the Law of Government organization dated December 25, 2001;

Pursuant to the Law on Inspection dated November 15, 2010;

At the proposal of the Inspector-General,

DECREES:

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides for agencies assigned to carry out the function of specialized inspection, tasks and powers of agencies assigned to conduct specialized inspection and their heads; the conduct of specialized inspection by inspection authorities affiliated to ministries or services, agencies assigned to conduct specialized inspection and responsibilities of heads of state management agencies, state inspection authorities, agencies assigned to perform the function of specialized inspection in specialized inspection activities.

Article 2. Regulated entities

This Decree applies to heads of state management authorities, heads of agencies assigned to perform the function of specialized inspection; the Ministerial Chief Inspector, the Service’s Chief Inspector; heads of specialized inspection teams, members of specialized inspection teams, inspectors, people assigned to perform the function of specialized inspection; subjects of inspection and other relevant agencies, organizations and individuals; foreign organizations and individuals operating in Vietnam.

Article 3. Rules for specialized inspection

1. Specialized inspections shall be conducted by specialized inspection teams, inspectors and/or assigned people.

2. Specialized inspection shall be conducted regularly and in association with the implementation of tasks related to the speciality, technology and/or profession and the prompt detection, prevention and handling of violations.

Article 4. Responsibilities of Heads of State management authorities

Ministers, Heads of ministerial-level agencies, Ministerial Chief Inspectors, Directors of Services, Chief Inspectors of Services, Heads of agencies assigned to perform the function of specialized inspection within their tasks and powers shall conduct, guide, inspection and supervise the specialized inspection; promptly take measures for the results, submit proposal for specialized inspection decisions and take legal responsibility for their activities and decisions.

Article 5. Prohibited acts

1. Heads of agencies assigned to perform the function of specialized inspection and people assigned to conduct specialized inspection must not perform prohibited acts specified in Article 13 of the Law on Inspection.

2. People assigned to conduct specialized inspection whose fathers, mothers, wives, children, full brothers or full sisters are subjects of inspection or are heads or managers of agencies/organizations being subjects of inspection must not be members of the inspection teams or independent inspectors.

Chapter 2.

AGENCIES ASSIGNED TO CONDUCT SPECIALIZED INSPECTION; TASKS AND POWERS THEREOF

SECTION 1. AGENCIES ASSIGNED TO CONDUCT SPECIALIZED INSPECTION

Article 6. General Directorates and equal authorities and Departments affiliated to Ministries that are assigned to conduct specialized inspection

1. The Ministry of Industry and Trade: Market Surveillance Agency, Vietnam Chemicals Agency and Industrial Safety Techniques and Environment Agency.

2. The Ministry of Transport: Vietnam Road Administration, Vietnam Railway Authority, Vietnam Inland Waterways Administration, Vietnam Maritime Administration and Civil Aviation Authority of Vietnam.

3. The Ministry of Planning and Investment: General Statistics Office.

4. The Ministry of Science and Technology: Directorate for Standards, Metrology and Quality and Vietnam Agency for Radiation and Nuclear Safety.

5. The Ministry of Labor, War Invalids and Social Affairs: General Directorate of Vocational Training and Department of Overseas Labour.

6. The Ministry of Agriculture and Rural development: Water Resource Directorate; Vietnam Administration of Forestry; Directorate of Fisheries; Department of Animal Health; Plant Protection Department; Department of Crop Production; Department of Livestock Production; National Agro - Forestry - Fisheries Quality Assurance Department; Department of Cooperatives and Rural Development and Department of Processing and Trading Agro-Forestry-Fishery Products and Salt.

7. The Ministry of Foreign Affairs: Overseas Vietnamese Committee.

8. The Ministry of Home Affairs: Central Committee for Emulation and Reward and Government Committee for Religious Affairs.

9. The Ministry of Natural Resources and Environment: General Department of Geology and Minerals of Vietnam, Vietnam Environment Administration and General Department of Land Administration.

10. The Ministry of Finance: General Department of Taxation; General Department of Customs; State Treasuries; State Securities Commission; General Department of National Reserves and Department of Insurance Management and Supervision.

11. The Ministry of Information and Communications: Bureau of Radio Frequency Management; Vietnam Telecommunications Authority; Bureau of Broadcasting and Electronic Information; Bureau of Press and Bureau of Publication.

12. The Ministry of Health: General Office for Population and Family Planning; Drug Administration of Vietnam; Medical Service Administration; Health Environment Management Agency; General Department of Preventive Medicine and Agency of Food Safety.

Article 7. Departments affiliated to General Directorate and equal authorities assigned to conduct specialized inspection

1. Departments of National Reserves of regions.

2. Customs Departments.

3. State Treasuries of provinces or central-affiliated cities.

4. Sub-departments of Taxation.

5. Statistical Offices.

Article 8. Departments affiliated to Services and Sub-departments affiliated to Departments and equal authorities assigned to conduct specialized inspection

1. Airport Authorities, Maritime Administrations and Inland Waterway Port Authority affiliated to Vietnam Inland Waterways Administration.

2. Departments of Taxation of districts.

3. Frequency Centers of areas.

4. Departments of Market Surveillance of districts affiliated to Services of Industry and Trade.

5. Departments of Food Safety of districts and Departments of Population and Family Planning of districts affiliated to Departments of Health.

6. Departments of plant protection, fisheries, agro - forestry - fisheries quality assurance, irrigation, forestry and agricultural development of districts affiliated to Services of Agriculture and Rural development.

Article 9. Advisory divisions of specialized inspection

Advisory divisions of specialized inspection shall be established at agencies assigned to conduct specialized inspection in accordance with decisions of competent persons.

SECTION 2. TASKS AND POWERS OF AGENCIES ASSIGNED TO CONDUCT SPECIALIZED  INSPECTION

Article 10. Tasks and powers of General Directorates and equal authorities, Departments affiliated to Ministries, Departments affiliated to General Directorates and equal authorities, Sub-departments affiliated to Services, Sub-departments affiliated to Departments and equal authorities that are assigned to conduct specialized inspection

1. General Directorates and equal authorities (hereinafter referred to as General Directorates); Departments affiliated to Ministries and Sub-departments affiliated to Services shall have the following tasks and powers:

a) Formulate and send inspection plans to Ministerial Inspection Offices or Services’ Inspection Offices to request Ministers or Directors of Services to grant approval and implement the plans;

b) Conduct inspection of the compliance with specialized legislation, professional and technical regulations, rules for management of sectors or domains;

c) Conduct inspection of cases that seem like violations against laws under authorization of Ministerial Chief Inspectors or Services’ Chief Inspectors;

d) Conduct inspection of other cases as assigned by Ministers or Directors of Services;

dd) Supervise, expedite and inspect the compliance with their inspection conclusions, motions or decisions;

e) Consolidate and report the specialized inspection results to Ministerial or Service’ Inspection Offices.

2. Tasks and powers of Departments affiliated to General Directorates and equal authorities, Sub-departments affiliated to Departments and equal authorities that are assigned to conduct specialized inspection; Director of Departments affiliated to General Directorates and equal authorities; the communications, reporting and specialized inspection of Departments affiliated to General Directorates and equal authorities, Sub-departments affiliated to Departments and equal authorities that are assigned to perform the function of specialized inspection shall be specified by Ministers and Heads of ministerial-level agencies.

Article 11. Tasks and powers of Directors of General Directorates and equal authorities, Directors of Departments affiliated to Ministries and Directors of Sub-departments affiliated to Services that are assigned to perform the function of specialized inspection

Directors of General Directorates and equal authorities (hereinafter referred to as Directors of General Directorates), Directors of Departments affiliated to Ministries and Directors of Sub-departments affiliated to Services that are assigned to perform the function of specialized inspection shall have the following tasks and powers

1. Lead, direct and monitor the assigned specialized inspection.

2. Decide on the conduct of inspection when discovering any sign of violations against legislation or at the request of Ministers, Ministerial Chief Inspectors, Directors of Services, Chief Inspectors of Services and assign officials to conduct specialized inspection.

3. Request competent people to handle the overlapping of scope, subjects, contents and time of inspection within the management of their offices.

4. Request competent agencies to promulgate regulations or amendments thereof in accordance with the management requirements; propose the suspension or annulment of regulations which are discovered contrary to laws after the inspection.

5. Impose penalties on administrative violations according to laws.

Article 12. Requirements for people assigned to conduct specialized inspection

1. People assigned to conduct specialized inspection shall be officials on the payroll of an agencies assigned to conduct specialized inspection (hereinafter referred to as specialized inspection officials) who satisfy the requirements applicable to their current official rank and the following specific requirements:

a) Have thorough knowledge of law, have professional knowledge and skills suitable for the field subject to inspection;

b) Have specialist skills of inspection;

c) Have at least 01 year's professional experience in the field subject to inspection (excluding the probation period).

2. Specific requirements for specialized inspection officials shall be issued by Ministers or Heads of ministerial-level agencies.

Article 13. Costumes, official’s cards and allowances applicable to specialized inspection officials

1. Officials who conduct specialized inspections shall wear official’s costumes and cards and shall be granted inspection allowances.

The Ministry of Finance shall request the Prime Minister to prescribed regulations on the allowances for specialized inspection officials.

2. Specialized inspection official’s costumes and cards shall be prescribed by Ministers and Heads of ministerial-level agencies.

Chapter 3.

SPECIALIZED INSPECTION

SECTION 1. OPERATION OF SPECIALIZED INSPECTION TEAMS

Article 14. Power to make decision on scheduled specialized inspection

1. Ministerial Chief Inspectors, Service’s Chief Inspectors, Directors of General Directorates, Directors of Departments affiliated to Ministries and Sub-departments affiliated to Services shall issue inspection decisions and decisions on establishment of inspection teams.

2. For complex cases that are relevant to the responsibility of authorities of different levels and sectors, Ministers, Heads of ministerial-level agencies and Directors of Services shall be in charge of issuing inspection decisions and decisions on establishment of inspection teams.

Article 15. Power to make decision on surprise specialized inspection

1. Surprise inspections shall be conducted when any signs of legal violations is discovered or to serve the handling of complaints or denunciations or prevention and fighting against misappropriation or at the request of Ministers, Heads of ministerial-level agencies, Ministerial Chief Inspectors, Directors of Services and/or Services’ Chief Inspectors.

2. Ministerial Chief Inspectors and Services’ Chief Inspectors shall be responsible for issuing and sending decisions on surprise inspection or decisions on establishment of inspection teams to Ministers, Heads of ministerial-level agencies and Directors of Services. If the decision on surprise inspection is issued by the Director of a General Directorate, the Director of a Bureau/Department/Agency affiliated to a Ministry or the Director of a Sub-department affiliated to a Service, it shall be sent to the Ministerial Chief Inspector or the Service’s Chief Inspector.

3. For complex cases that are relevant to the responsibility of authorities of different levels and sectors, Heads of State management agencies shall be in charge of issuing decisions on surprise inspection and decisions on establishment of inspection teams.

Article 16. Duration of inspection conducted by specialized inspection teams

1. Duration of a specialized inspection:

a) Specialized inspections conducted by Inspectors of Ministries, General Directorates or Departments affiliated to Ministries shall be within 45 days. For complex cases, such time limit may be extended for not exceeding 70 days;

b) Specialized inspections conducted by Inspectors of Services or Sub-departments affiliated to Services shall be within 30 days. For complex cases, such time limit may be extended for not exceeding 45 days.

2. Time limit of an inspection shall be calculated from the date of issue of the inspection decision to the date of finish of inspection at the inspection site.

3. The extension of time limit of an inspection shall be decided by the person who issued the inspection decision.

Article 17. Specialized inspection teams

1. Specialized inspection teams are established to conduct inspections according to the scope, subjects, contents, tasks and time limit specified in the inspection decisions.

A specialized inspection team includes a Leader of the inspection team, inspectors, members of the inspection team and specialized inspection officials. In case of necessity, the specialized inspection team may include its Vice Leader.

2. The Leader of the inspection team shall have tasks and powers as prescribed in Article 53 of the Law on Inspection and shall be answerable to the law and the issuer of the inspection decision for the conduct of the inspection.

The Leader of the inspection team may use the seal of the inspection-presiding agency when promulgating documents to serve the inspection.

3. Members of the inspection team and specialized inspection officials shall have tasks and powers as prescribed in Article 54 of the Law on Inspection and shall be answerable to the Leader of the inspection team and the issuer of the inspection decision for the conduct of the assigned inspection.

Article 18. Establishment and approval for inspection plans of inspection teams

1. The Leader of the inspection team shall establish the inspection plan for his/her inspection team. The inspection plan shall contain: purposes, requirements, scope, contents, subjects, periods and duration of inspection; methods of inspection, the progress, the communications, reporting, means, equipment, funding and other essential material conditions serving the operation of the inspection team; organizations carrying out the inspection plan.

2. The Leader of the inspection team shall request the issuer of inspection decision to grant approval for the inspection plan.

3. Time limit for establishment and approval for the inspection plan shall be decided by the issuer of the inspection decision which must not exceed 05 working days counted from the day on which the inspection decision is signed. Time limit for surprise inspection shall not exceed 03 working days.

Article 19. Dissemination of inspection plans

1. Leaders of inspection teams shall disseminate inspection plans and methods of inspection and assign tasks for members of the inspection teams and provide professional training for members of the inspection teams in case of necessity.

2. Members of inspection teams shall formulate and report plans for carrying out the assigned tasks to the Leaders of the inspection teams.

Article 20. Formulation of drafts of contents to be reported

Pursuant to the inspection plans, the Leaders of the inspection teams shall formulate drafts of contents required to be reported and send them to the subjects of inspection before the date of declaration of inspection decision.

Article 21. Notification of the declaration of decisions of specialized inspection

Before declaring an inspection decision, the Leader of the inspection team shall notify the declaration of inspection decision to subjects of inspection. In case of necessity, prepare for the issuer of inspection decision to issue the written notification to the subjects of inspection. The notification shall specify the time, location and participants.

Article 22. Declaration of decisions of specialized inspection

1. Not later than 15 days from the day on which the inspection decision is signed, the Leader of the inspection team shall declare the inspection decision to the subjects of inspection.

2. When declaring the inspection decision, the Leader of inspection team shall specify the tasks and powers of the inspection team, duration of inspection, rights and responsibilities of the subjects of inspection, predict the inspection schedule and other contents related to the operation of the inspection team.

3. The declaration of inspection decisions must be filed in records. The minutes must bear the signatures of the Leaders of the inspection team and the Heads of the agencies, organizations and/or individuals being the subjects of inspection.

Article 23. Collection of information and assessment of the compliance with law provisions

1. Members of inspection teams shall collect, research and analyze information, documents and evidence; assess the compliance with law provisions and tasks and powers of subjects of inspection related to the assigned inspection contents.

2. Members of inspection teams shall report the progress and results of the conduct of assigned tasks at the request of the Leaders of the inspection teams; any ultra vires issues which must be immediately handled shall be reported to the Leaders of inspection teams for consideration and decision.

3. Leaders of inspection teams shall review and handle promptly proposals of members of inspection teams; any ultra vires issues shall be immediately reported to the issuers of the inspection decisions for consideration and decision.

Article 24. Reporting of the conduct of specialized inspection

1. Leaders of inspection teams shall report to the issuer of inspection decisions the progress of the task of the inspection teams according to inspection plans or irregular request of the issuers of inspection decisions.

2. The progress of the inspection task must be reported in writing to competent agencies, containing the progress of the task; the completed contents; in-progress contents; upcoming contents and proposals and motions (if any).

Article 25. Reporting of results of specialized inspection

Not later than 15 days from the day on which the inspection finishes, Leaders of inspection teams must report the inspection results in writing to competent agencies, except for cases where professional conclusions of competent authorities are required. A report on professional inspection must contain the following information:

1. General description of subject of inspection;

2. Results of inspection and verification of specific inspection contents;

3. Assessment of the compliance with policies, laws, tasks and the compliance with regulations on requirements for the subject of inspection;

4. Intra vires handling measures which have been applied during the inspection; suggestions about handling measures for violations; proposal for amendment or promulgation of regulations in accordance with management requirements or annulment of regulations that are discovered contrary to laws (if any);

5. Different opinions of members of the inspection team (if any).

Article 26. Formulation of specialized inspection conclusions

1. The issuer of the inspection decision shall direct the Leader of the inspection team to make a draft of inspection conclusion. In case of necessity, the issuer of inspection decision shall request the subject of inspection, the Leader of the inspection team and members of inspection team to make a report and/or explanation to clarify the inspection contents.

2. Before the official conclusion is issued, the issuer of inspection decision may collect suggestions of professional agencies or send drafts of inspection conclusions to the inspecting subjects. The explanation of inspecting subjects shall be conducted in writing and with evidence.

Article 27. Specialized inspection conclusions

1. Pursuant to the inspection results, explanation of the inspecting subjects (if any), not later than 15 days from the day on which the report on inspection results is received, the issuer of inspection decision shall issue a written inspection conclusion; except for cases where professional conclusions of competent authorities are required. A written inspection conclusion must contain the following information:

a) Results of inspection and verification of specific inspection contents;

b) Conclusions about the compliance with policies, laws, requirements, tasks and powers of the inspecting subjects within the inspection contents; determination of nature and severity of the violations, causes and responsibilities of agencies, organizations and/or individuals committing violations (if any);

c) Proposal of handling measures for violations; proposal for amendment or promulgation of regulations in accordance with management requirements or annulment of regulations that are discovered contrary to laws (if any).

2. During the issuance of the inspection conclusion, the issuer of inspection decision may request the Leader and/or members of inspection team to make a report and request the inspecting subject to clarify several points necessary for making inspection conclusion.

3. Issuer of the inspection decision shall conduct the declaration of inspection conclusion. In case of necessity, the Leader of inspection team may be authorized to declare the inspection conclusion. The declaration of inspection conclusion must be filed in records.

4. The submission of inspection conclusions shall be carried out as follows:

a) For inspections conducted by Ministerial inspection offices, the inspection conclusions shall be sent to the Ministers, Heads of ministerial-level agencies, Inspector-Generals, inspecting subjects, Heads of the superior agencies of the inspecting subjects (if any) and relevant agencies, organizations and individuals;

b) For inspections conducted by General Directorates or Departments that are assigned to perform the function of specialized inspection, the inspection conclusions shall be sent to the Ministerial inspection offices, Heads of the superior agencies of the inspecting subjects (if any) and relevant agencies, organizations and individuals;

d) For inspections conducted by Sub-departments affiliated to Services that are assigned to perform the function of specialized inspection, the inspection conclusion shall be sent to the Services’ inspection offices, inspecting subjects, Heads of the superior agencies of the inspecting subjects (if any) and relevant agencies, organizations and individuals.

5. Inspection conclusions shall be filed to inspection records.

Article 28. Publication of specialized inspection conclusions

The publication of specialized inspection conclusions shall comply with regulations in Article 46 of Decree No. 86/2011/ND-CP dated September 22, 2011 by the Government detailing and guiding the implementation of a number of articles of the Law on Inspection.

SECTION 2. ACTIVITIES OF INSPECTORS AND SPECIALIZED INSPECTION OFFICIALS IN INDEPENDENT INSPECTIONS

Article 29. Assigning inspectors and specialized inspection officials to conduct independent inspections

Ministerial Chief Inspectors, Chief Inspectors of Services, General Directors, Directors of Departments and Directors of Sub-departments of Services shall, depending on the inspection plans, assign inspectors and specialized inspection officials under their management to conduct independent specialized inspections. An assignment decision must contain:

1. Full names, titles, card numbers of inspectors or of specialized inspection officials who conduct independent inspections.

2. Inspecting scope, contents and tasks;

3. Inspecting time.

Article 30. Duration of independent specialized inspection

Duration of an independent specialized inspection for each inspecting subject shall be 05 working days from the first date of inspection. In case of necessity, Ministerial Chief Inspectors, Chief Inspectors of Services, General Directors, Directors of Departments affiliated to Ministries, Directors of Sub-departments affiliated to Services may extend the inspection duration by not exceeding 05 working days.

Article 31. Tasks and powers of inspectors and specialized inspection officials in independent inspections

1. Comply with the assignment of Ministerial Chief Inspectors, Chief Inspectors of Services, General Directors, Directors of Departments affiliated to Ministries, Directors of Sub-departments affiliated to Services.

2. Present documents specifying the assignment, inspector’s cards or official’s card when carrying out inspection.

3. Request inspecting subjects to present business registrations, business licenses and practice certificates and provide information and documents and propose explanation about issues related to the inspecting contents.

4. File records on violations of the inspecting subjects.

5. Impose penalties on administrative violations according to laws; ultra vires cases shall be reported to the persons who gave assignment for consideration and solution.

6. File records of the contact with the inspecting subjects upon the finish of the inspection.

7. Report to the persons who gave inspecting assignment the conduct of the tasks; be answerable to the Ministerial Chief Inspectors, Chief Inspectors of Services, General Directorates, Directors of Departments affiliated to Ministries, Directors of Sub-departments affiliated to Services and take legal responsibility for their acts and decisions.

Article 32. Reporting of the results of the conduct of independent specialized inspections

When an inspection finished, the inspectors or the specialized inspection officials shall report to the persons giving assignment the results in writing. The reports must clarify the contents and inspection results, intra vires penalties for administrative violations, proposed handling measures (if any) and must file inspection records.

Chapter 4.

RE-INSPECTION IN SPECIALIZED INSPECTION

Article 33. Power to make decision on re-inspection

1. When being assigned by the Ministers, Ministerial Chief Inspectors shall decide on re-inspection of cases which have been concluded by the General Directors or Directors of Departments affiliated to Ministries.

2. When being assigned by the Directors of Services, Chief Inspectors of Services shall decide on the re-inspection of cases which have been concluded by the Directors of Sub-departments affiliated to Services.

Article 34. Ground for re-inspection

The re-inspection can be conducted in the existence of any of the grounds specified in Article 48 of Decree No. 86/2011/ND-CP dated September 22, 2011 by the Government detailing and guiding the implementation of a number of the Law on Inspection.

Article 35. Decision on re-inspection

1. A decision on re-inspection shall include the contents specified in clause 1 Article 52 of the Law on Inspection.

2. Not later than 03 working days from the day on which the decision on re-inspection is signed, the Ministerial Chief Inspector or the Chief Inspector of service shall send a decision to the person who signed the Inspection conclusion and the inspecting subjects.

3. The inspection decision shall be declared not later than 15 days from the date of signing. The declaration of re-inspection decisions must be filed in records.

Article 36. Prescriptive periods and duration of re-inspection

1. Prescriptive periods of re-inspection shall be 01 year from the date of signing of inspection conclusion.

2. Duration of re-inspection shall be conformable to regulations in Article 16 of this Decree.

Article 37. Tasks and powers of issuers of inspection decisions and Leaders and members of inspection teams

During the re-inspection, the issuers of inspection decisions and Leaders and members of inspection teams shall have the tasks and powers specified in Articles 53, 54 and 55 of the Law on Inspection.

Article 38. Reporting of re-inspection results, re-inspection conclusion, and publication of re-inspection conclusions.

1. Duration of re-inspection shall be conformable to regulations in Article 25 of this Decree. Reports on re-inspection results must define the nature and severity of the violations, causes and responsibilities of the persons carrying out the inspection and making inspection conclusions.

2. The re-inspection conclusions shall be made according to regulations in Article 27 of this Decree. Re-inspection conclusion must define the nature and severity of the violations, causes and responsibilities of the persons carrying out the inspection and making inspection conclusions and propose handling measures.

3. Within 15 days from the day on which the re-inspection conclusion is signed, the Ministerial Chief Inspector shall send the re-inspection conclusion to the Minister and the Government Inspectorate, the Chief Inspector of Service shall send the re-inspection conclusion to the Director of Service and the Provincial Inspectorate.

Chapter 5.

RESPONSIBILITIES OF HEADS OF STATE MANAGEMENT AGENCIES, STATE INSPECTION AUTHORITIES, AGENCIES ASSIGNED TO PERFORM THE FUNCTION OF SPECIALIZED INSPECTION

Article 39. Responsibility for formulating and approving specialized inspection plans

1. Not later than the 01st of every November, General Directorates and Departments shall, depending on the guidance of Ministerial Inspectorates and their own management requirements, send the inspection plans to Ministerial Inspectorates for consolidation and reporting to Ministers and Heads of ministerial-level agencies. Pursuant to the orientation of the inspection schedules, the guidance of the Inspector-General and the Ministries’ management requirements and the inspection plans of the General Directorates, Departments affiliated to Ministries, the Ministerial Inspectorates shall request the Ministers and/or Heads of ministerial-level agencies to approve the inspection plans not later than the 15th of every November.

The Ministers and/or Heads of ministerial-level agencies shall review and grant approval for the inspection plans not later than the 25th of every November.

2. Not later than the 20th of every November, Sub-departments affiliated to Services shall, depending on the guidance of the Services’ Inspectorates and their management requirements, send the inspection plans to the Inspectorates of Services for consolidation and reporting to the Directors of Services. Pursuant to the orientation of the inspection schedules and the management requirements of the Services and the inspection plans of the sub-departments affiliated to Services, the Inspectorates shall request the Directors of Services to grant approval for inspection plans not later than the 05th of every December.

Directors of Services shall review and grant approval for inspection plans not later than the 15th of every December.

3. The inspection plans specified in clauses 1 and 2 of this Article shall be sent to inspecting subjects and the relevant agencies and organizations.

Article 40. Responsibility for providing specialized inspection training

1. Inspectorates of ministries shall provide specialized inspection training for inspectors of General Directorates, Departments affiliated to Ministries and Inspectorates of services.

2. Inspectorates of services shall provide specialized inspection training for inspectors of Sub-departments affiliated to services.

Article 41. Responsibility for handling overlapping in specialized inspection

1. Ministerial Chief Inspectors are responsible for handling the overlapping in scope, subjects, contents and time of inspection conducted by General Directorates and Departments affiliated to Ministries; disagreements shall be reported to Ministers for decision.

2. Chief Inspectors of services are responsible for handling the overlapping in scope, subjects, contents and time of inspection conducted by Sub-departments affiliated to services; disagreements shall be reported to Directors of services for decision.

Article 42. Reporting on inspection activities

1. Quarterly, biannually and annually, the General Directorates and Departments affiliated to ministries shall send ministerial inspectorates and Sub-departments affiliated to services shall send services' inspectorates reports on inspection activities.

2. Biannually and annually, ministerial Inspectorates and services' inspectorates shall send Ministers and Services’ Directors reports on inspection activities.

3. Irregular reports on inspection activities shall be made and sent on request.

Chapter 6.

IMPLEMENTARY CLAUSE

Article 43. Application of international treaties

Specialized inspection shall be applied as prescribed in the Law on Inspection, this Decree and other regulations on specialized inspection. If any international treaty to which the Socialist Republic of Vietnam is a signatory or a member has other provisions on the conduct of specialized inspection, such international treaty shall prevail.

Article 44. Effect

This Decree comes into force from April 05, 2012.

Previous regulations which are contrary to this Decree shall be annulled.

Article 45. Implementation

Ministers, Heads of ministerial-level agencies, Heads of governmental agencies, Chairpersons of provincial People’s Committees, Heads of agencies assigned to perform the function of specialized inspection and Heads of relevant entities are responsible for implementing this Decree./.

 

 

ON BEHAFT OF THE GOVERNMENT
PRIME MINISTER


 

Nguyen Tan Dung

 


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